Refusal of third payment

[Ronnie1]

My husband had a accident and went into the emergency room at the local hosiptal. He had to have surgery. He was out of work for awhile and we did not have any insurance.
Was apply for some state aid, it took a few month to here from them, we were denied.
By the time we could start making any payments, they had turned us over to a collection agency. I started sending the collection agency monthly payments.
The first payment was sent out a couple of days before athe date of the letter from a attorney (received attorney's letter about a week after first payment was sent). That payment was cashed.
The next month another payment was sent out to the collection agency. That payment was also cashed. Did not hear anything from the attorney that month.
The third month a payment was sent out to the collection agency. This check was sent back to us by the attorney with a form letter "Amount agreed upon was not sent, please send the full amount." We did not make any agreement with the attorney, we have not even talked to the attorney. Also they have not applied the two payment that they did cash to the account.
Can they refuse payment after they have accepted previous payments?
By excepting previous payment, doesn't that show an a payment agreement?
Please advise me on our legal rights.
Thanks

 

[Michael Wechsler]

My husband had a accident and went into the emergency room at the local hosiptal. He had to have surgery. He was out of work for awhile and we did not have any insurance.
Was apply for some state aid, it took a few month to here from them, we were denied.
By the time we could start making any payments, they had turned us over to a collection agency. I started sending the collection agency monthly payments.
The first payment was sent out a couple of days before athe date of the letter from a attorney (received attorney's letter about a week after first payment was sent). That payment was cashed.
The next month another payment was sent out to the collection agency. That payment was also cashed. Did not hear anything from the attorney that month.
The third month a payment was sent out to the collection agency. This check was sent back to us by the attorney with a form letter "Amount agreed upon was not sent, please send the full amount." We did not make any agreement with the attorney, we have not even talked to the attorney. Also they have not applied the two payment that they did cash to the account.
Can they refuse payment after they have accepted previous payments?
By excepting previous payment, doesn't that show an a payment agreement?
Please advise me on our legal rights.
Thanks

I'm not sure what is going on here. To begin, if you owe the debt by a certain date, then you owe it. Just because the company refrained from filing suit today doesn't mean that they don't have a right to do so in the future. Accepting partial payments from you doesn't mean they can't then sue for the rest and wait until you get around to paying the remaining balance.

Second, from my understanding there is no agreement but there does seem to be a whole lot of confusion. Perhaps you would best contact the attorney and perhaps in writing. You might be able to buy yourself some time by stating that your payments were not only refused but your prior payments were not reflected in the curent balance owed. Before you can send money, they need to verify the current amount due.

Good luck to you and I hope the future brings you better fortune.