Legal Question in Credit and Debt Law in Texas
Medical bill settlement
As part of an ongoing health concern, I recently received a bill for $288 from a medical lab for a blood test ordered by a doctor. The doctor didn't know the price of the test beforehand, and after later receiving the $288 bill from the lab, I researched the charges and responded to the lab with the following letter and payment by check:
Dear x:
My research indicates that $288.00 is a significant overcharge for the services delineated on invoice# xxxxx and that the fair market value for these services does not exceed $138.88. Please accept my enclosed payment of $138.88 as full payment and satisfaction of this invoice. Your cashing of this check will constitute acceptance of $138.88 as payment in full for the negotiated settlement of invoice# xxxxx, as is also noted on the face of the check.
This is the wording on the check, which they did cash: ''Cashing of this check constitutes acceptance of $138.88 as payment in full for the negotiated settlement of invoice# xxxxx.''
After cashing the check, the medical lab is now threatening to turn the matter over to collections if I don't pay the balance of $149.12. Do I owe the balance, or did we have a legal settlement with their cashing of the check?
Many thanks
2 Answers from Attorneys
Re: Medical bill settlement
you have a settlement BUT people too often think they can stop collectors which can only be done by going to Court..and is it worth it?
Re: Medical bill settlement
No. Your unilateral language was not agreed to merely by cashing the check. However, you may have a lawsuit against them for overcharging you - and the others they have overcharged. If you would like to be a lead plaintiff, contact me by email.
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