Legal Question in Credit and Debt Law in North Dakota

hospital bill
I owe a hospital about $2200. I have a verbal agreement with them to make payments of $50 a month. I have made every payment since this agreement. Recently they sent my bill to a collection agency that is now taking me to court. I have stuck to my end of the bargain and can prove that by my payment record. However it was just verbal. Does my payment record support my claim that we had an agreement? Also will I have to pay thier lawyer fees if a lose? Thank you.

Asked on 1/31/03, 11:32 am

1 Answer from Attorneys

H.M. Torrey The Law Offices of H.M. Torrey

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Re: hospital bill

oral contracts are 100% enforceable if supported by a mutual agreement between you and the hospital, as well as a bargained-for exchange between you and the hospital to give the agreement sufficient consideration to be enforceable. however, often times oral agreements are difficult to prove. however, in your case, from the facts given thus far, if you have records of your payments to the hospital, as well as the hospital cashing said checks over a period of time, you may indeed have the proof you need to enforce this contract, and most likely will not have to pay the hospital's attorney fees for defending your bona fide claim against them and/or their collection agency.

if you have more facts and would like a free consultation from my office, please email me directly and i would be more than happy to help.

[email protected]

Answered on 1/31/03, 12:49 pm

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