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Richard, Attorney
Category: Legal
Satisfied Customers: 53665
Experience:  Attorney with 29 years of experience.
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A few years ago, I was living in Atlanta, My Healthcare provider

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A few years ago, I was living in Atlanta, My Healthcare provider was Kaiser-Permanente.
K-M is a stand alone hospital that doesn't provide healthcare outside of Atlanta unless, you are out of town. It will cover emegencies when you are out of town. I had such an emergency. After all the bills were paid, I had a dispute with a doctors group that preformed a Colonostopy on me. This group said that I owed them another 450.00 or there abouts. My ins company said that I did not owe them the money. Next thing I'm getting collection calls from some snotty collection agency. I didn't need this to go on any longer so, I called the collection agency and explained why I didn't owe the money. They didn't want to hear any of it. So I call the Borland-Groover Clinic and talked to a "Catherine".
She told me that if I sent them 325.00,(i'm not sure of the exact amount), that would take care of it. I did not trust any of these people so, I wrote a lien-waiver/disclamer on the back of the check that said,
"The endorsment of this check for the amount of this check aknowledges that no futher debt is owed to Borland- Groover Clinic now or in the future" Not to long ago, I was turned down for credit because of derogotory info on my credit report. I thought this was long over. I disputed the claim from the collection agency, now they are contacting me for a 122.70 balance. My credit is perfect but for this. I am in business and I get lein-waiver/Disclaimers on the back of checks all the time. Do I have a leg to stand on??
Linzy Oliver
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good morning. You do have a leg to stand on. Not only because they endorsed and cashed the check, but also because you wrote the check based upon your reliance upon their settlement agreement that the amount paid would settle the matter. The lack of a written contract can be overcome by the concept of promissory estoppel, detrimental reliance, and unjust enrichment. This situation arises when Person A relied upon the verbal agreement, Person A performed based on such reliance, and because Person B defaulted, such reliance is now to Person A's detriment. Where there is i) partial performance by Person A based upon the mutual promises, ii) Person A relied upon such promises to perform, iii) Person B's failure to perform would be to Person A's detriment, and iv) result in Person B being unjustly enriched, Person A can overcome the legal requirement that the agreement be in writing. You would want to write them a letter detailing both the facts and the foregoing and demanding they remove this negative credit report immediately. Let them know if they do not remove this within a short specified period of time, you will have no choice but to file breach of contract and defamation claims against them for not only your actual damages, but punitive damages as well. This should be all that's needed, but if not, file your claim in small claims court. You don't need a lawyer to do that so it will cost you only a small filing fee.

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Thank you so much for the positive rating! I appreciate having had the opportunity to serve you! If I can be of assistance to you in the future, just look me up and I will be happy to help!

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