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Kevin V.K. Crick
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Kevin Crick’s Answers

57 total


  • Appropriate penalties for falsely sending debt to collections agency

    A medical practice in Fort Collins, CO recently sent my debt to a collection agency. However, the service provided was reimbursable by my healthcare provider, but was the medical group did not bother to receive pre-authorization and then was unab...

    Kevin’s Answer

    You could file in small claims court, if you are comfortable with that. However, I would ensure that you prove it was their duty to receive pre-authorization, and not somehow your responsibility. I would also have handy the proof displaying the contractor to the insurer cannot bill patients for covered services under state law. If you can afford one, I would recommend using an attorney.

    Your damages can include costs of service, court costs, punitive damages if you feel the court should teach them a lesson for possible nefarious practices, and if the collection agency has invaded your privacy (a recognized tort in CO in these types of cases) or caused you emotional distress, you could argue for actual damages for that as well. It might not be a lot more, but the point is that there are other damages available to you dependent on the facts. Not to mention, it is possible the collection agency has violated your rights under the Fair Debt Collection Practices Act, though I could not tell from what you've described. I would contact a local attorney to assist.

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  • What can be done if the response is not sent to the petitioner?

    I filed a case in family court against an absent parent to establish custody, visitation and child support. The other party was served a few days after filing. He waited until the last day before he defaulted to file his response but has not sent ...

    Kevin’s Answer

    I agree, you should go to the Clerk's office. I hope this helps.

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  • How often do Payday lenders actually sue someone for a $300 debt in Texas?

    My daughter received a call from a woman claiming that she came by my daughter's house to serve her with papers and that she was not home so the woman is going to come to her place of employment. She said my daughter should call the claimant back ...

    Kevin’s Answer

    This could be a legitimate debt collector, however, from my experience in representing TX consumers, what you are saying they have done is completely illegal. If you need assistance in finding an attorney in your area feel free to contact me, but regardless I think her rights have been violated and as the other attorneys have said they likely owe her damages.

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  • Fair credit reporting act

    Does the FCRA applies to rental lease agreements??

    Kevin’s Answer

    If you can prove you do not owe a debt stemming out of one, then yes, but there are many other factors at play, as the attorney who answered ahead of me hinted at. More facts are necessary, please contact a Consumer Protection Attorney in your state. I know a few good ones if you need assistance.

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  • Who should be the listed as plaintiff when debt is assigned for collection purposes only?

    I was served a summons and complaint for an old credit card. I requested validation from the law firm 6 months ago and received a couple bank statements, a bill of sale to one debt buyer, and another to the plaintiff listed in the complaint. This ...

    Kevin’s Answer

    I agree with the attorney who answered ahead of me. Please consult a consumer protection attorney in your area right away if you are being sued.

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  • I am being sued for a medical debt. I have paid the debt, but they are asking for lawyers fees.

    On February 27th, I received a phone call from a collection agency. They told me I owed $1164.90, and requested that I pay in full. I asked for identification, or proof that they were a collection agency. She became aggressive, still not defining ...

    Kevin’s Answer

    I would have to agree with the other attorneys that you may have to pay based on what you've described here. I sympathize with your situation. Contact a local attorney regardless to get their thoughts.

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  • I have a civil arrest warrant for failure to show at a second hearing in Feb. on a debit agreement

    Judgement against me for a credit card write off from a collection agency. Agreement made in Oct with a Feb followup. Forgot the date and warrant was issued Fri. I did make agreed payments until Jan of this year. Was unemployed and contacted the...

    Kevin’s Answer

    I agree with the previous attorney, please do not delay and get an attorney to represent you who will charge you a reasonable price immediately.

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  • My mother died and left no money. do I have to pay her last electric bill?

    they are threatening court

    Kevin’s Answer

    • Selected as best answer

    I see this all the time in my practice - from what you have described, you have no obligation under the law, and the other attorneys are correct, their insisting you do is a violation of federal law if it is a third party debt collection agency, entitling you to damages between $1-1000.00. If you hire an attorney, the collector also may be responsible for your attorney's fees and costs. They might have also violated state law in MA as well, even if they are the original creditor, and if they continued to call and harass you - and this depend on a few other factors - an argument can be made that they are invading your privacy by intrusion upon seclusion. What they are doing here is wrong, I assume you have already told them to stop calling, and that your mother has died. These are claims in which I myself and other consumer protection attorneys I know argue for punitive damages. Feel free to contact me if you need any help or to be pointed in the right direction any further. Good luck and condolences.

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  • What happens if you skip your motion for issuance for execution court date

    I

    Kevin’s Answer

    I agree with the attorney who answered before me. A default judgment generally. Please consult an attorney on this to assist you if possible.

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  • I sent a validation demand to a collector, they responded with an itemization fabricated by their office as being from orig cred

    I sent a validation demand to a collector, they responded with an itemization fabricated by their office as being from the original creditor, when clearly it was not from the original creditor. This letter only lists their collection agencies coll...

    Kevin’s Answer

    While the debt collector might state otherwise, the FDCPA is clear that what you have described would be considered a violation of the your rights under federal law. Proper validation of the alleged debt was not provided. You are correct, they needed to provide you with documentation validating the debt from the original creditor pursuant to 1692g. You can if you wish, but I do not think you need to contact them again. I believe that you are entitled to anywhere from $1-1000.00 pursuant to the FDCPA.

    Feel free to call me if you need assistance and do not wish to handle this on your own, I can put you in touch with an attorney in your area who handles consumer protection and can assist you. While I think you need an attorney, if you do choose to handle this on your own I commend your efforts thus far, recognizing that there was a problem with what they provided you was a great first step!

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