“The Verdict Is In” What you need to know to be prepared to testify in small claims court. October 29th, 2013.

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Presentation transcript:

“The Verdict Is In” What you need to know to be prepared to testify in small claims court. October 29th, 2013

Why Are We Here? We collect money by being nice. We actually collect more money by being Ridiculously Nice, because consumers aren't afraid to talk to us. We want to change how consumers view collection agencies. Would you want to join us in that cause? Choosing Americollect or working at Americollect is more than choosing an agency or employer. You are choosing a company that wants to change the way collection agencies are viewed and the way they are encouraged to operate.

COLLECTION AGENCY Ridiculously Nice…

Kenlyn T. Gretz President and CEO

ATTORNEY KEARY BILKA Bilka Law Office

This is not legal advice. You should contact your company attorney for legal advice.

Before The Hearing  Itemized Charges  Dos  Procedure Description  Original Charge Amount  Credits

Documentation  Billing Document  EOB’s  Signed Agreement To Pay  Staff Notes

Summary Of Unpaid Charges  Chronological Order  Date Of Service  Procedure  Charge  Unpaid Balance

Summary Judgment  Supported By Sworn Certificati on  Creditor Is “Health Care Provider”  Account Rep Is “Custodian”  Account Document Belongs To Debtor

Summary Judgment  Supported By Sworn Certification  Record Made:  At Time Of Events  During Regular Activity  As Regular Course Of Business

Summary Judgment  Purpose  Obtain Judgment  No Witness Testimony

Communications With Attorneys  Primary Attorney  Appearance Attorney

Appearing As Witness  Hearing VS Trial  Sharing Contact Information  Phone Attendance  Court Exhibits  Land Line

General Guidelines  Answer In Words  Speak Up  Yes Or No  Don’t Interrupt The Question  Stay On Topic  Request Clarification  Refer To Documents

Testimony  Access To Account Records  Confidentiality  Attorney To Address  Court To Authorize  Who Generated Documents

Testimony  Exhibits Displayed  Computerized Records  Information Displayed  Events  Time Of Occurrence  Person Of Knowledge

Testimony  Record Creation  Exhibits Match Health Care Records  Billing Statement  Invoice  Reasonable Services  Reasonable Value  EOB’s/Account Notes

Cross Examination  Listen Carefully  Request Clarification  Responses  Truthful

Cross Examination  Answer ONLY The Question Asked  Don’t Argue  Your Attorney  Will Ask More Questions  Respond To Testimony  Clarify Details

Custody  Documents And Exhibits  Confidential  Returned To Creditor

Our Next Webinar! »You Hired Them. Need To Fire Them? »Making the transition easy for all involved when you decide to part ways with your collection agency. »Tuesday, Dec. 3rd, 2013 »1:00 PM - 1:45 PM CST1:00 PM - 1:45 PM CST »If you would like to sign up, send an to and we will also be sending a reminder out.

Thank you. FIVE time winner of Inc Magazine’s Fastest Growing Private Company! FIVE time winner of Inside ARM Best Places to work in Collections.