Payment Offered; refused.

[muscle609]

What is the name of your state?

Arizona

Is there some sort of law regulating a creditor to accept a bonified offer of payment on an account? If I was to make an offer of a monthly payment and they refuse it and wish to make garnishment, isnt that illegal?

How can a creditor pursue garnishment when a reasonable offer to make payment was placed. And if they did garnish, I'm sure they would not receive much more than what was offered.

 

[JETX]

"Is there some sort of law regulating a creditor to accept a bonified offer of payment on an account?"
*** No. There is no statutory obligation for a creditor to accept any offer that is less than your promised amount in the contract.

"If I was to make an offer of a monthly payment and they refuse it and wish to make garnishment, isnt that illegal?"
*** No. I presume that by garnishment, you mean a wage garnishment. The creditor can decide to accept or deny your offered payment.

"How can a creditor pursue garnishment when a reasonable offer to make payment was placed."
*** Simply. Your offer, or even payment, does not obligate the creditor from pursuing any and all legal processes (including garnishment) to collect the owed debt.

"And if they did garnish, I'm sure they would not receive much more than what was offered."
*** Yes, but they are more likely to actually get paid from a garnishment.

 

[muscle609]

Hmmm. I have a medical bill worth $23,000. As a diabetic unable to afford medical insurance, and the present salary i earn, I can only make $300/mo payments. If the credit company who has this account pursues garnishment, it will be worth $34,000 with all court costs and attorney fees tacked on. They will not recieve much more than what was offered to them in payment and will succeed in making this debt much worse!

How can this be?

 

[JETX]

"How can this be?"
*** More correctly, why SHOULDN'T it be that way??? You apparently got medical services and promised to pay without any thought at all to the fact that you COULDN'T pay. Now, the doctors, hospitals, etc. that provided the service to you expect to get paid.... just like you would if you provided services to someone.

 

[muscle609]

Mr JETX you obviously believe im posting here to find a "loophole" to my obligations. When admitted to the hospital intensive care unit, the last thing you think about is "how am I going to pay?"

Now that I am out I have attempted payment arrangements with the creditor. This hospital does not carry accounts but rather issues them to their collection agency once discharged if you do not have insurance. I am not at default with any other creditor. I am very willing to make timely payments.

You obviously have some sort of bone to pick with me so it would be nice if you stay out of my post. Maybe someone actually has some advice? Is there no other recourse other than to let their legal proceedings take their course?

 

[JETX]

"Maybe someone actually has some advice?"
*** Nope. You're stuck with me..

"Is there no other recourse other than to let their legal proceedings take their course?"
*** Pay the debt as you promised. If you don't, you can be sued. Pretty simple. Doesn't Arizona have non-profit county hospitals that you could have gone to??? At least then you would have been billed under the ability to pay.

 

[Ladynred]

A 'non-profit' hospital ?? You've GOT to be kidding - I don't think there's a single truly 'non-profit' hospital in this country any more. The hospital managment companies that have taken over even county hospitals want to MAKE MONEY off of healthcare.
Besides, the poster may not have had much of a choice - if you end up in an ambulance they take you to the nearest hospital !!

I would suggest that you make your offer of payments in writing. They'll never agree to anything verbally. You may have some success that way and you'll avoid the 'pressure' phone calls. Send your letters certified, RRR and keep copies of everything. If you still end up in court, your letters could show a judge that you were attempting to pay but being rejected.

 

[muscle609]

Ahhh finally, someone with some some advice. Thank you, great idea! I'll do that immediately.

Was thinking this forum only had cynnical a$$holes!

 

[hexeliebe]

cynnical a$$holes!

I didn't know the definition of this phrase until I looked it up in my new Webster's American Slang dictionary.

cynnical a$$holes - group of people who contract for services without the ability to pay for those requested services and in response to a demand for payment insist it's their "RIGHT" to offer payment plans....

 

[muscle609]

I and in response to a demand for payment insist it's their "RIGHT" to offer payment plans....

Hmmm dont remember stating I had some sort of "right" to demanding my creditor must accept my payment plans. If you scroll up and are able to read you will find that It is my only option.

cynnical a$$hole - small minded people who live in their little world and dont take time to READ. except resort to capitalizing on other peoples troubles and usually make stupid remarks or jabs to feel better about their a$$hole lives they live.

 

[hexeliebe]

and the other thing you forgot, I PAY my bills

go tell it to someone who gives a damn. You knew BEFORE you received treatment that you could not pay for the services. You're lucky you are not in court answering fraud charges.

 

[muscle609]

oh my god. fraud?

ya while barely conscious I'm supposed to tell the ambulance driver, ER doc, intensive care ward, hospital administrator - STOP! I CANT CUT A CHECK FOR TWENTY FIVE GRAND! COULD YOU PLEASE SHOW ANY PAYMENT ALTERNATIVES -(and prices of three of your competitors) TAKE ME BACK HOME TO DIE!

hahaha

cynnical A$$HOLE

 

[hexeliebe]

Yep

Drama Queen - See Muscle69

 

[Ladynred]

Hex, I'm surprised - you sound as if you're actually saying that if you're near death you should choose to die because you don't have tons of money in the bank to pay inflated healthcare costs ???

The healthcare system in this country is broken, flawed, seriously in deep doo-doo. Now that that moron in the White House has repealed a measure that ensured that people would NOT be turned away at hospitals because they don't have insurance or wads of cash stashed away, its only going to get worse !!

I'm sorry.. healthcare should not only be for the rich and that's what you're implying - pay or just go die and relieve society of your burden. geez..... Before you think it, I am NOT a proponent of socialized medicine, that system is even WORSE than our own.
There's no easy fix.. not by a long shot, but no one should have to choose sub-standard care or NO care because they don't have the money in the bank or insurance (driving this flawed system !) to pay the costs.

 

[hexeliebe]

Of course not. But that's not the case here.

When this jerk was released from the hospital he was given release forms to sign which included a financial responsibility form.

AT THAT TIME he knew he could not have paid the bill and should have asked to speak with someone to arrange payments.

But he didn't. He slunk off into the woodwork and made them come after him. And THAT is why I don't give a damn about him.