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Medical bills aren't special

Hospital bills are a normal debt, just like any other

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  • Wes Bloomquist •
  • Originally published January 17, 2009 at 5 p.m., updated January 17, 2009 at 5 p.m.

Q. I owe a hospital $1,000. I have offered to pay $100, which is all I can afford, and they refused. They said they would turn the account over to collections if I did not pay in full. I thought hospitals had to take what you can afford to pay. What should I do to make them take my payments?

A. For some reason, many people believe that hospital or doctor bills are different from other debts. They are not. You have no special legal rights when it comes to medical bills. Any creditor, including a hospital, may refuse to accept partial payments and demand that you pay in full. If you do not pay, they have the right to refer the matter to a debt collector or sue.

Having said this, however, I will be shocked if the collections department does not agree to accept your payment. If the collections agent won't work with you, ask to speak with a manager or supervisor. They may have the right to sue, but they know if they want to get paid, accepting your money is the best way.

Q. My neighbor is building a new house. The contractor banged into my fence and knocked off and broke my expensive thermometer. Who is liable for the damage, the neighbor or the builder?

A. The fact that your neighbor is building the house does not make the neighbor responsible for acts of the builder. Your neighbor did not engage in any wrongful conduct, and Texas law does not make an owner liable for acts of contractors.

On the other hand, the builder owes you an obligation to not damage your property. If the builder was negligent and banged into the fence in a manner that damaged your property, my opinion is that the builder should be responsible for the cost of replacing the thermometer. I suggest you talk with the builder and ask for compensation.

Q. I sold something to someone moving here from out-of-state. He paid me with a cashier's check for more than the amount of the purchase. I deposited the check and gave him the difference in cash. The check turned out to be counterfeit. The bank charged back against my account, and says I owe all the money I withdrew. Is this right?

A. Unfortunately, this is a common scam, and you need to pay back the bank. Basically, whenever you deposit or cash a check even a "cashier's check," you guarantee the bank that the check is genuine and that it will be paid. If it is not, you must reimburse the bank. After you repay the bank, you still have a claim against the person who gave you the check. The best way to avoid this problem is to take the check directly to the bank and cash it, or withhold delivery of the goods until you have verification that the check has cleared and been paid by the bank.

Richard Aldermann, a consumer advocate, is a professor at the University of Houston Law School in Houston. His column appears weekly in the Victoria Advocate. Write to him at UH Law Center, Houston, TX 77204-6391.



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