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“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 on theme: "“The Verdict Is In” What you need to know to be prepared to testify in small claims court. October 29th, 2013."— Presentation transcript:

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

2 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.

3 COLLECTION AGENCY Ridiculously Nice…

4 Kenlyn T. Gretz President and CEO

5 ATTORNEY KEARY BILKA Bilka Law Office

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

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

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

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

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

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

12 Summary Judgment  Purpose  Obtain Judgment  No Witness Testimony

13 Communications With Attorneys  Primary Attorney  Appearance Attorney

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

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

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

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

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

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

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

21 Custody  Documents And Exhibits  Confidential  Returned To Creditor

22 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 email to sales@americollect.com and we will also be sending a reminder email out. sales@americollect.com

23 Thank you. sales@americollect.com FIVE time winner of Inc Magazine’s Fastest Growing Private Company! 2009 - 2013 FIVE time winner of Inside ARM Best Places to work in Collections.


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