Legal Question in Credit and Debt Law in Oregon

I have a collection agency that called and told me they were collecting on behalf of a Doctor bill I had. I told them, I was getting ready to contact the Dr. because I had the money and was going to pay it. I asked them to mail me a bill and I would pay them. I waited 3 weeks and never received a bill so I sent in a check to the Dr's office and the check was deposited in an acct here in town. That was over a month ago. Just today i got a call from the collection agency telling me that because I paid the bill so late there were overcharges that needed to be paid. Then I was informed that they have tried to serve me paper but can not get into my apartment complex as it is locked. They have even tried with a sheriff and can not get in. I told her I need something mailed to my home. I will not give out any information over the phone. As far as I can tell I only get contacted by them in my office. Can they legally charge me overcharges or late fee's whatever if the Dr's office cashed my checks?


Asked on 9/29/10, 3:59 pm

1 Answer from Attorneys
Justin Baxter Baxter & Baxter, LLP

A medical provider in Oregon is generally entitled to collect the full amount of the bill for services, plus any charges, fees or interest that were provided for in the original service agreement. Many health care providers will, however, agree to payment plans or reduced payments. If the health care provider agrees to this, you should get it in writing. You are then bound by the terms of that agreement. However, if the provider does not agree, then you cannot compel them to accept the proposed monthly payment, and you may be responsible for interest and charges.

If you are being contacted by a collection agency, its conduct is regulated by the federal Fair Debt Collection Practices Act. The medical provider is regulated by a similar law in Oregon called the Unlawful Debt Collection Practices Act. If your total debt picture, including medical bills and other debts, is such that you cannot reasonably expect to pay your debts, bankruptcy may be a good option to consider.

Justin M. Baxter

Baxter & Baxter, LLP

8835 SW Canyon Lane, Suite 130

Portland, Oregon 97225

(503) 297-9031 (Telephone)

(503) 291-9172 (Facsimile)

Baxter & Baxter, LLP

5635 NE Elam Young Parkway, Suite 300

Hillsboro, Oregon 97124, USA

(503) 681-9752 (Telephone)

(503) 291-9172 (Facsimile)

Baxter & Baxter, LLP

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Vancouver, Washington 98660

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http://www.baxterlaw.com

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Answered on 10/12/10, 7:40 am


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