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TJ, Esq.
TJ, Esq., Attorney
Category: Consumer Protection Law
Satisfied Customers: 11783
Experience:  JD, MBA
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I was billed very untimely by my Podiatrist. I was not

Customer Question

I was billed very untimely by my Podiatrist. I was not billed for co-pay amounts from as fa back as April 2011 until billed cumulatively and without explanation until April 2013: for 12 visits. My doctor's office refused to communicate with me about billing and kept sending billings with number of days unpaid which is threatening in hat at a certain level of non-payment a creditor can legally report the bill to a credit union. I finally surrendered and decided to pay the fill to protect my credit. But I found myself with three different bills all with a different amount due. Not being able to communicate with the doctor's office on the matter I decided to make a small payment. In managing in Bank of America's bank card division I recall that if a creditor accepts a payment that creditor is required by law to send the customer a statement showing previous balance, the payment and new balance. I sent three payments on the one of the three biliing amounts and asked for a statement as to whether the billing is paid in full. No response.I submitted a complaint to the California Consumer Proetection Agency that informed that my complaint was submitted to the California Medical Board. After no response from the California Medical Board I sought he help of my California State Senator Loni Hancock. They have been equally unresponsive.My complaint hinges on whether there is a California law that requires a creditor that processes a payment from me to send me a statement showing the previous balance, amount of the payment processed and the new balance.***** *****
Submitted: 7 months ago.
Category: Consumer Protection Law
Expert:  TJ, Esq. replied 7 months ago.
Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions. Unfortunately, the law does not require all creditors to do what you suggest. Instead, the law applies to debt collectors, collection agencies, etc. In other words, somebody other than the original creditor: Where the debt buyer receives payment on a debt, a receipt or monthly statement must be provided to the debtor within 30 calendar days. The receipt or statement must clearly and conspicuously show the amount and date paid, the name of the entity paid, the current account number, the name of the charge-off creditor, the account number issued by the charge-off creditor, and the remaining balance, if any. The receipt or payment may be provided electronically if the parties agree. [Civ.C. § 1788.54(b)] Cal. Prac. Guide Enf. J. & Debt Ch. 2-B Since the doctor's office is the original creditor, and not a debt buyer, the law does not require that a statement be sent. I am truly sorry that my answer may be bad news for you, but please understand that it would be unfair to you (and unprofessional of me) to provide you with anything less than an honest response. However, if your concerns were not satisfactorily addressed, then please let me know, and I will be happy to clarify my answer.
Expert:  TJ, Esq. replied 7 months ago.
Hello again. I didn't hear back from you, so I'm just checking in to make sure that you don't need more help on this issue. If not, then please remember to provide a positive rating to close out this question (and please remember that your positive rating is the only way that I'll get credit for helping you, so I greatly appreciate it). Thank you!

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