I have a 508.00 bill with my ob/gyn from the delivery of my baby (3rd) in April. Since I pay 1k a month for childcare now and didnt have paid maternity leave other than the 2 weeks of vacation/sick time. Money has been extremely extremely tight and I have not had an extra 508.00 to pay it off (cuz if i did my car would pass the emissions test!!) Now I have a collection agency calling me at work. When I told her my situation she replied with:

1. If I can afford a $1000/mth mortgage I should be able to pay my bills. I pay $1k a month not on a big fancy house but b/c I have a high interest rate!

2. I need to borrow the money from someone. Again, see above!

3. The only payment she can accept is 200.00 and if I send anything less, she will refuse it. I told her I could send between $10-50

I read on another post that "That if they refuse this payrment on actual debt owed, that you will refuse to pay at all and invode estoppel (refusing a payment is waiving their right to get paid at all)". The answer was directed toward a lady in Nebraska, is that still true for IL?

My friend told me that same thing, that if they refuse payment then you can essentially "refuse to pay" so to speak. But I thought that that sounded too good to be true.

I am thinking about filling a complaint with the states attorneys office just because of the comments she made to me. Should I?

nymphetamine

You better ask an attorney about that refusal to accept payment thing. I mean does it or does it not sound a little fishy for her to tell you that. I think maybe she gets a big bonus out of it and if you pay her less than that $200.00 she will not get her big bonus. She does have to accept any type of payment you give to her. If I were the boss of that company Id be pretty ticked that she didnt accept your payment. Its idiotic to not accept payment from a person that owes you money when you still expect them to pay you.

momofthree

that is what i thought....to refuse a payment seems to be pretty stupid.

My friend that told be about the whole if they refuse payment then they are refusing to be paid thing was told that by an attorney...But I may get his number just to confirm that with my own ears. Also, there maybe some credence to it since someone else posted a reply saying the exact same thing.

CaptainForest

momofthree...interest rates have come down these days...perhaps you should look at refinancing your mortgage at a lower interest rate.

and congradulations on the birth of ur 3rd child

momofthree

I would love to be able to refinance right now but b/c I have a three year prepayment penalty fee I would have to pay somewhere in the neighborhood of 4k in penalties. Plus with being behind with everything I wouldn't get a decent rate at all. I am hoping to be able to refinance next fall when my penalty is expired

I hate being broke! Especially since I am 1 class away from a MS degree!

mr.yet

You need document each time they refuse payment. continue to make the payments you are sending, document each time they refuse payment, this will place them in dishonor, as you will remain in honor by sending payment.

not legal advice, just my two cents.

momofthree

I was planning on making a photocopy of the letter and email that I send to them. But how many times do I have to keep sending a payment in before I can claim "estoppel"

momofthree

correction:

I meant to say letter and money order not letter and email

mr.yet

For you to remain in honor, once is enough, but to make sure, 3 times. This will show a pattern of their dishonor.
Also check you local rules. Good Luck

not legal advice, just my 2 cents.

letmeno

I doubt very seriously if you send her a check or money order for anything less than the amount that you owe, she would send it back.
You should file a complaint with the states att. office. because of the remarks that she has made. Everyone has guidelines and regulations that they have to follow, even creditors. I was once told by a creditor that bad things happen to people who don't pay there bills. I will refrain from telling you all what bad thing I was going to do to her if she called my house again. I did file a complaint with the states attorney's office, and since you and I live in the same state, I beleive that your process with them would be similar.
Good Luck!