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Any business lawyers here???

Posted by Richard, C.Ped on 8/24/04 at 11:22 (158619)

I have a quick question if so.
Thanx

Re: Any business lawyers here???

Pauline on 8/24/04 at 19:37 (158641)

Richard,
For a price you can find anyone here:*

Re: Any business lawyers here???

Richard, C.Ped on 8/25/04 at 08:04 (158657)

So I should be charging for my advice???? ;-)

Re: Any business lawyers here???

R C on 8/25/04 at 10:15 (158667)

I'm not a lawyer, but I've been in business for a while. Go ahead and lay it on me. No charge.

Re: Any business lawyers here???

Richard, C.Ped on 8/25/04 at 10:31 (158668)

Thanx RC.
I have taken a few collection courses and I wanted to see if I am receiving accurat information. My question is if someone has an outstanding balance and wants to make payments, and they send you a check for, say, $5, and you take it and deposit it, that equals an unwritten binding contract that you will accept that much each month. Is that so?

I have heard that in the collection courses and tapes. I wanted to know if that was actual or not. I do not mind splitting up charges, since I do it all the time.

Re: Any business lawyers here???

john h on 8/25/04 at 11:36 (158676)

I am in the business of running office buidings snd shopping centers. I do not accept partial payments. If you do you will extend the legal process of curing a default. I return payments that are not in accordance with the contract unless prior arrangements have been made. If you do this a couple of times you have set a precedent that can be used against you if you take this to court. I am not a lawyer and do not accept this as legal advice but just as information from my experience of many years.

Re: Any business lawyers here???

Richard, C.Ped on 8/25/04 at 12:12 (158678)

Thanks John. That does help.

I don't mind splitting up some payments. I can not take a $5 payment on a large balance. I will starve that way.

I was not sure if I did perhaps take the $5 to start with, if I would be held to that for the duration.

Re: Any business lawyers here???

Ed Davis, DPM on 8/25/04 at 17:58 (158696)

Richard:

This is not legal advice. But, there are 'legal' answers and 'business appropriate' answers. As a healthcare practitioner and a small business person I would look at each case individually. The most important thing is that your patient is acting in good faith, trying their best to pay off a balance owed. If you feel that that is the case, then work with that individual. If that individual is wealthy and just trying to keep you away, then that is a different story. A lot of billing programs will consider an account to be current if any payment is made. I don't think that the amount paid creates a binding contract though.

Ed

Re: Any business lawyers here???

Dr. Z on 8/25/04 at 20:32 (158701)

Richard,

E-mail Dr.Z. I will show you a way to avoid this completely and at the same time allow the patient to pay on time. (email removed)

Re: Any business lawyers here???

Richard, C.Ped on 8/26/04 at 12:05 (158732)

What is the email address Dr. Z????

Re: Any business lawyers here???

R C on 8/26/04 at 14:52 (158739)

Richard,

Sorry, I do not know the technically correct answer to your question. Speaking as a business person, however, I would point out that I have never heard about the implicit contract mechanism referred to in your tape. We have gotten partial payments since time immemorial. The way we handle it is we send out a new invoice reflecting the partial payment -- and it incudes certain *legalese* that demands immediate full payment of the balance due. And we deposit the money.