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I would also copy their bill and send it back with the check and death certificate, after I marked it up showing number of days and strike out any fraudulent charges. Strike everything that is incorrect and put in the correct information.
Also, put payment in full for all services rendered on the check.
Send this and let them make the next move.
My dads facility charged in advance and the contract specifically stated that there would be no refund. Even if he paid on the 1st and died on the 2nd. Then they were mad because I paid them on the 3rd every month. Their contract gave this as a grace period for payment. Yep, they care more about the money than the patients for certain.
What you could have done, if you are the responsible party, was pay what you felt was owed claiming the credit for the 21days. Then its up to the NH to prove why the 21days is due. They have 30days, I think, to research and get back to you. Believe me, their billing department would have called you.
His personal belongings would have been moved out the next day. And I doubt they still have them. His clothes would have been donated to residents who needed them. My Mom died at 1pm on Saturday. My daughter and I were there the next morning to clean out her stuff. They are a business, empty beds are money. They probably had someone in Moms bed on Monday.
Do you still owe the total amount or just the 21days u feel they aren't entitled to. Of course they are suing. When I worked, we allowed 60days for late payments. At that point, accts were put on hold and if not paid by 90days the acct went to collections.
If you did and are liable, the Fair Debt Collections Practice Act would come into play. Their actions would have to conform to the protections provided debtors. That would include timelines, and a specific time for you to respond.
Please check (1) the contract and (2) the letters to determine if you have any liability and how to proceed w/i terms of the FDCPA.
Nevertheless, I would protect myself and find an attorney with collection experience, for the defendant. If the NH is going to play hard, I would do so as well.
Tell them to pound sand, or take it up with your dad. If they continue to harass you, a strongly worded letter from an attorney should shut that down.
If there is anything in your contract about this then I would think an attorney would try to fix this for a cost less than the $6,000. Maybe you could hire him on contingency and he gets half of what you save?
Otherwise, I guess let them take you to court and have a judge decide what's fair.
Sucks that you have to deal with this!
Sorry you are having to deal with this and sorry for your loss.
How was the agreement signed?