SAN DIEGO – A San Diego County consumer alleges a debt collector is using false and misleading representations in connection with a claimed debt.
Virgilio Miclat filed a complaint on April 3 in the U.S. District Court for the Southern District of California against R.M. Galicia Inc., doing business as Progressive Management Systems, and Sharp Chula Vista Medical Center, alleging that they violated the Fair Debt Collection Practices Act.
According to the complaint, the plaintiff alleges that on Aug. 11, 2015, a lawyer representing defendant Sharp Chula Vista Medical Center sent a letter informing him of his alleged debt for the treatment medical facility provided to plaintiff when he was injured in a car accident. The suit states that despite providing Sharp and R.M. Galicia proof of his health coverage with Aetna and that all payment should be billed to the insurance company, Miclat claims he still being pursued for the alleged debt for medical treatment amounting to $7,173.
The plaintiff holds R.M. Galicia Inc. doing business as Progressive Management Systems; and Sharo Chula Vista Medical Center responsible because the defendants allegedly used false, deceptive, or misleading representation or means in connection with collection of claimed debt and misrepresented the character, amount and legal status of a claimed debt.
The plaintiff requests a trial by jury and seeks judgment for statutory damages in an amount up to $1,000, reasonable attorney's fees, costs and such further relief the Court deems just and proper. He is represented by Patrick M. Howe in San Diego.
U.S. District Court for the Northern District of California Case number 3:17-cv-00673