DEBT VALIDATION: Rule changes in effect Nov. 30, 2021
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- Опубликовано: 8 июл 2024
- NEW RULES for DEBT VALIDATION took effect November 30, 2021, and they include a NEW FORM LETTER to send to debt collectors to demand debt validation. Florida debt defense lawyer Mike Wasylik explains everything you need to know about the NEW RULES and how they change the way you can send a debt validation demand.
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📫 Get five sample letters, detailed instructions, and almost an hour of attorney instruction on how to use dispute letters the right way:
rwlaw.mykajabi.com/crush
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⛑️ Want help dealing with debt collection for debt that doesn't seem right? Call us at 352-567-3173 for a FREE 30-minute appointment with one of our lawyers (Mention this "new rules for debt validation" video!) to find out how we can help you.
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The new debt validation rule:
www.consumerfinance.gov/rules...
The new FORM to use (Form B-1):
www.consumerfinance.gov/rules...
-or-
files.consumerfinance.gov/f/i...
Get a FREE set of sample debt validation letters you can use here:
rwlaw.gumroad.com/l/letters
Chapters:
00:00 Debt validation: NEW RULES take effect Nov. 30, 2021!
0:45 The new rules include a new debt validation form letter
1:32 First, figure out your goal for debt validation.
1:59 What is "Regulation F" and how does it work?
2:47 What is §1692g and how does it affect debt validation?
3:21 What most people get wrong about debt validation
3:59 How easy is it to use the new debt validation form?
4:31 The new debt validation form and how it works
5:31 The most important part of the form
6:07 How to dispute the debt entirely
6:36 When the debt belongs to someone else (identity theft)
6:54 When the amount is wrong, or they add illegal fees or penalties
7:17 When they did something else wrong
7:35 When the debt collector doesn't own the debt
8:15 Demanding original creditor information
8:49 Why you should never pay a disputed debt
9:12 How to use the form once it's complete
9:36 How to understand the form instructions
10:14 Why can't you just make a phone call?
10:29 The REAL deadline for you to demand validation
11:29 If you don't dispute the debt, can it be held against you?
12:05 What the debt collector MUST do when they get your demand and dispute
12:54 What kind of debt validation information do they have to give you?
13:36 What's their time limit to respond to you?
14:05 When can you use the form?
14:27 Questions about using the new debt validation form? Where to find answers
14:51 What you need to do next
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📫 Get five sample letters, detailed instructions, and almost an hour of attorney instruction on how to use dispute letters the right way:
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Thank you Mike, Excellent Information 👍👍👍👍👍👍👍👍👍👍👍👍
Glad it was helpful!
I received a random debt charge on my bank account from Root insurance company which I have ZERO affiliation with, I was reimbursed by capital one but I am going to pursue legal action because I did not validate the debt nor did I give them ANY of my personal information but they have my address and access to my bank somehow. Thank you so much for this video it was very helpful.
It’s good to hear you got your money back.
Good luck hunting them down.
Excellent info as always.
Thanks again!
Your videos have been a lot of help! I’m from Denver Colorado and am currently dealing with a debt collector. Only $1800 on an auto loan that is almost 4 years old. Haven’t received any letter yet after a week now.
Good luck!
Just received my first form ever at 67 and feel like I'm having to go back to school!
This company is halfway attempting to follow the new rules, but even though they are located in the South they managed to leave off the option for translation to Spanish. No way something this important should be sent to non English speaking/reading people who could have future credit ruined without this option to understand that this is a possibility!
Glad you're enjoying the videos.
Is they left the Spanish part out, it's likely they're making other mistakes that violate the law. Get that checked out!
I thank you as well. I’m 68 living in Georgia and find these collectors relentlessly annoying. They shouldn’t be allowed to harass or stress anyone especially senior citizens. I just received my 1st letter and your video helped ease my mind with the process. Could you tell me about Georgia’s Statue of Limitations? They claim the Date of Service was 2014. It also like the previous commenter Mary stated, left out the Spanish translation option. I can’t thank you enough for your help.
Have the letter checked out for violations.
We don’t know Georgia law so can’t give you information about Georgia’s SOL.
I have a question do you still have to send a debt validation if the debt was reported straight to my credit report?? Nice 👍🏿 info you’re giving out thanks so much!!!
Look for our "Sneak Attack" video which talks about this dirty trick: ruclips.net/video/G9qyzXmEr78/видео.html
Wow great updated info. I recieved this letter and missed the date to dispute it. I thought was screwed. You are the real deal. I am subscribing 😁🙂.
Glad we could help!
Thank you for the update info
You’re welcome.
Thank you, Atty. Wasylik. This is very informative and helpful. May I have a copy of this form letter to send to Portfolio Recovery Associates?
Yes you can! Link is in the description, and here it is again:
files.consumerfinance.gov/f/images/cfpb_regulations_1006-B-1.original.png
Great video, very informative!
Im in the state of Florida, sent a Validation of debt letter to First Federal Credit Control for a medical collection they're reporting on credit report. The only verification I received was a one page statement showing the original creditor and cost. I'm still not sure if this account is mine. What would be considered sufficient validation?
The statement should be enough for you to tell whether the dead is yours or not.
Did you visit that provider? Did you receive the services listed? Did you ever get a bill or an invoice from the healthcare provider for that amount?
One thing you can do for medical debt is contact your healthcare provider to get a copy of your medical and billing records and see if it lines up with anything.
If a debt collector is charging you for moneys that you don’t owe, they are likely breaking the law. You’ll need to do a little bit of legwork on your own to figure out whether that’s happening.
@@RWlawFL thank you so much! This is very helpful. I'll move forward with contacting my healthcare provider.
We're glad we could help!
Thanks John Ill try it
Good luck!
Hello - I see it mentioned everywhere that the debt collector MUST send written notice about the collection within 5 days after they make first contact. But no one mentions what happens if they DON'T send written notice within 5 days. For example, a debt collector left a voicemail for me this past Thursday and that was the first time I heard from them. So I guess that means they have until tomorrow (Tuesday) to send written notice. But what if they don't send it within those 5 days? Is it game over for them and they can't collect, or is that 5-day rule just a toothless guideline? P.S. Love your videos.
Thanks!
If they fail to send the notice within 5 days, that violates the FDCPA.
Whether you RECEIVE the notice doesn't matter. They will almost always have "proof" they sent the notice and so it may be pretty much toothless.
But there are lots of letters you can send to them that trigger other duties under the FDCPA, things you might be able to sue them for when they break the law.
@@RWlawFL like what?
We have a bunch of videos talking the letters you can and should send.
LVNV is suing me for a credit one debt. I had a virtual telephone hearing and I asked them to prove that lvnv owns the debt. They said they have a bill of sale...acct statements etc.. I asked to see proof of everything. They gave me the name and number of the atty's office working for LVNV to request it. I almost paid them but came across an update to Massachusetts debt law. The bill of sale has to be specific and have your name on it and at least part of the acct number. Plus they are suppose to mail you a letter saying the statue of limitations has not been reached. I did not get the bill of sale yet. I am wondering if the bill of sale is going to be a generic letter without my name on it. If so...I will surprise them in court with proof of this new law in Massachusetts. I am wondering if you know if the bill of sale letters ever have the name of the person in debt on it. Just wondering. I didn't get a copy of mine yet. Thanks for the video. I have learned so much. I feel like Perry Mason. lol
This is why it's so hugely important to know your state law, or hire someone who does.
Massachusetts has specific state laws to benefit consumers that many other states don't have. (Florida, for example, doesn't have this law)
Bu don't think you're going to "surprise" debt-collector lawyers in Massachusetts with this requirement-they probably know and have something planned to deal with it.
The true winning strategy is to see three or four moves ahead-how will they respond to your demand, how will you respond to that, and so on?
I got lvnv on my ass too
What if the debt validation that the collecting agency sends is incorrect? What if the collection agency is saying the original creditor took it back and the original creditor is saying they sold it to the collection agency? But I have paid the settlement with the collection agency…I’m so angry because they want me to pay in full!
If they send you a false statement of the debt, they've broken the law and you can sue them.
I'd want to get in writing who claims who sold what and to whom.
> I got lvnv on my ass too
That's one of our favorite types of cases. If you're in Florida, call us.
ricardolaw.com/contact/
Thank you so much very clear and awesome information...
Glad it was helpful!
Good information! Very helpful
Glad it was helpful!
Thank you very much for breaking that down. Super helpful. I appreciate you sir. Subscribed ✌🏾
Glad it was helpful!
Helpful video
Glad you think so!
Great information. I recently received a notice of default and notice of intent to foreclose from Specialized Loan Servicing. I live in New Mexico
Foreclosure notices of intent are totally different animal even if they look a lot like this.
I don’t know if New Mexico requires a court case before foreclosure but you probably need to act fast and get legal help right away.
I am in FL. I'm trying to dispute a debt with Southwest Credit Systems. I appreciate your help! Thank you!
Are you asking the debt collector for validation or trying to dispute on your credit report? Those are two different things, and this video is only about the first one.
Great info
Thank you!
You don't get enough views on this video. I see a lot of people out here giving bad advice on how to dispute a debt that get well over 100K views. Good video on Reg F requirements and the consumer's rights.
Thanks! Like and share so more people see it.
A lot of the videos out there now predate Regulation F, are based on misinformation, or simply deliberately say false things because the person making them and selling something. I do my best to be the antidote to them.
excellent content....thanks for the info from atlanta, ga
Thanks for watching!
I live in Florida and the company is LVNV funding LLC
How is LVNV interacting with you?
Medical in PA
Medical can be tough because of how screwed up our healthcare system is.
I from New Jersey and I sent you a comment on a HOA matter
I have no idea how HOA’s work in New Jersey, so you’re much better off finding a lawyer in your state, who does specialize in that area.
I'm in Indiana and got sent to collections AFTER I made payment to an ambulance rip-off company in the middle of a reassessment with my insurance. Wakefield and Associates is the collection company.
You've got to speak with an Indiana lawyer to help you-we can't practice law except in Florida.
I prefer to draft my own personal dispute letters. I also use Affidavits, (statement of facts, signed and notarized), because an affidavit stands as truth unless its rebutted.
Do you use affidavits in court or out of court, and how do they affect your success rate?
Hello, thanks for video and for the links provided. It was very informative and helpful!
I’m in Texas and recently purchased a house! Long story short, I checked my credit score and saw it went down drastically. When I looked into why, I found Allstate claimed I opened a home insurance policy with them and sent me to collections. I was surprised, our home insurance, all our closing information, & escrow is actually with USAA.
I reached out to Allstate and they are saying I purchased policy for our house, but they were not able to provide me with any details on how I opened this policy. I asked: “if I purchased this policy, what was my payment method”, “how did I confirm, agree, or sign up for this policy”, they even got our closing date wrong when the coverage would take effect.
The only information Allstate provided was they sent me an e-mail and the dates of the policy. Also, the person I spoke to said they had limited information, and gave me another customer center number. To add onto this, we have been having problems getting our mail keys, so I haven’t received any collection letters as far as I know.
At this point I have not been given any information on this “policy” I somehow opened. Should I be dealing with Allstate or do debt validation form to the collector?
If you were in Florida, I’d probably be preparing a lawsuit against Allstate in that situation.
Every state has its own regulations about insurance and so you’re going to need to find a Texas lawyer who specializes in home insurance questions, and someone who probably also does consumer law.
Got a letter from midland credit management so hopefully this is a step forward on getting the results I’m looking for . Here in the lovely state of Illinois 🤮
Good luck!
I'm dealing with a company named A.R.resources inc. they took a hospital bill opened 2015 and changed the date opened to 2018. plus I had insurance and I didn't even know I owed until much later.
If a debt collector is reporting false information onto a credit report, including falsification of dates, that is something you can usually sue for.
If you’re in Florida, please give us a call.
You’ve been helpful I’m in state of California
Glad it's been helpful!
Midland and im in Texas
In Texas, we recommended Bill Clanton. We did an interview with him a few months back, which you can find on our channel.
I love this. I'm a constitutionalist. I wrote a notice of demand to prove standing to the debt collector. I sent it certified mail. Return receipt. I will download this and send it registered mail with return receipt tomorrow. I sent it to the chief executive of the Midland Credit INC. And the attorneys he hired. They have to prove chain of assignment.
If they take you to court, they’ll have to prove it. Only then would you be able to demand the documents.
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📞 Watching on your phone? Click to call for help in Florida: ricardolaw.com/call/
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Looking for more information? Watch this video next: ruclips.net/video/zSMavW1cvKo/видео.html
Thanks for the quick response and recommendation. I will contact them and let him know you recommended,
Again, I greatly appreciate your help.
Regards and hoping much success with your business endeavors !!!
I'm in Ohio and Southwest Recovery is who I'm going after to get a collection off my credit report. I sent my dispute letters to the credit bureaus via mail. The last letter I sent my Equifax score dropped 33 points and Experian 8 points. I don't know what I'm doing clearly...
@michael Thanks! We hope everything works out for you.
@ebony not sure what’s happening there. This video is NOT about disputing credit report entires, it’s about disputing with debt collectors
Wa state. Out of the blue my wife received an exemption claim garnishment of wages doc filed in district court by a collection agency. She is unaware of any outstanding debt, nothing is present on her credit report and this is the first communication received regarding any collection or past due debt. The doc states the plaintiff (collection agency) has a judgement dated 11/16/2013. Should we send a debt validation request to the collection company? Think we should respond to the court doc? I'd hire an attorney but the amount is $600 + interest, fees, etc totalling 1200.
I'm in Missouri
Call Bryce Bell. bell-law-kc.com/. Tell him Mike Wasylik sent you.
My state is SD, I just received a Mostion for Default Judgement Application For Taxation of Costs and Notice With Supporting Declaration. Debt is Midland Credit Management. They have a CC statement dated for December 8th, 2020 attached with account number blocked out.
Midland is saying that Midland credit Management is the sole owner of the account.
You've got to stop that default judgment from going in. You need to find a SD lawyer right away to help you.
more videos like this one please
Will do!
I have this exact form from a collector. Reason why I’m watching this video.
I hope it helped!
This video is great! I’m having this collection agency send me information only through email, they never sent me any physical mail and it’s been well pass 5 days since they initially contacted me. I live in Texas.
Glad you liked the video!
omg this video just made my day. I feel like popping open a bottle champagne. lol. I am going to virtual court tomorrow with LVNV. I am going to ask them to send me a debt validation form. I never received one from them. Furthermore I am going to tell them at the meeting that I never had a contract, agreement with LVNV and leave it at that. I know to keep it short and sweet. Thanks so much for this video. You made my day!!!!
Definitely let us know what happens tomorrow.
What state are you in?
@@RWlawFL You bet. Thanks again. The virtual meeting is at 2pm. I am in Massachusetts.
I saw you posted elsewhere about your hearing. Keep us updated!
Hi, I'm living in Las Vegas and the creditor is Resolution Access Services (2013) sold it to Turnstyle Capital Management on 03/31/22 apparently it went into a collection on 03/08/2012.
Yes, I did my homework, my problem with this student loan is that I applied for Total and Permanent Disability discharge a few years ago and they wiped my student loans off my credit.
I am currently waiting on the signed promissory note that I allegedly signed which will be here within the next 30-45 days.
I hope you have a copy of your discharge papers.
I'm in FL and Debt collector is IC solutions and amount is different from 1st Collection agency which sent debt back to Sprint
That sounds like a problem. If you have copies of all the letters and statements, there is very likely a way to wipe out the debt and maybe even make some money doing it.
Give us a call today.
ricardolaw.com/contact/
Kia Finance GA
Kia is probably a direct lender, not a debt collector. Different set of rules, especially in Georgia.
I filed a complaint with the BBB against Sonnova solar. I purchased 8 years ago a home through lennar and the solar company was Sunstreet. I filed a BBB in June 2022 because I have not received bills and the bills wasn’t showing up when I logged on. Sonnova called me saying they were making some changes and I will have access to my bills and get the amount that I owe. I check my mail today and I see a letter from The Dunning law firm APC demanding 12k. I am in California. Sunstreet was in California. Sonnova is in Texas. I have filed several complaints against Sunstreet because they over charged me.
Many solar companies have terrible reputations for their lending practices.
We haven't had any experience with the two you're dealing with.
Thanks so much for sharing this information. I have been dealing with LVNV & ARS Account Resolution to remove information from my credit reports that I do not owe them. I am in the State of Georgia. I have been at this for quite some time now, and they refuse to remove this information no matter how many times I dispute it.
Equifax, Experian, and TransUnion Ignored Our Disputes: We Made Them Regret It
ruclips.net/video/pIUrPqc_gIE/видео.html
Just got served wage garnish for my first car 20 years ago! Came to youtube for info.
If you're being garnished, it almost always means there's a judgment against you that you didn't know about.
You've got to attack that first.
Thank u for the information. What if you didn’t know about the collection? I never received anything about the debt.
Watch our “debt collector sneak attack” video and see if that gives you the information you need.
Live in Massachusetts.medical debt collectors is who I’m dealing with
Medical debt can be very frustrating.
I’m in debt with Transworld for a debt I didn’t do and I’m fighting it since I don’t want to deal with them and again I didn’t do this debt!! I’m from NY
If it's not yours, that's a good defense, and possibly even a good basis to sue them for unlawful debt collection.
Do you possibly have an example statement? I want to know what a proper statement should look like.
You should be getting, or have gotten, monthly statements showing how much you owe and how much was credited to, or charged against, the account. That's what a statement is.
Thank you for the info. How should i dispute when its the clinics mistakes that screw up the insurance, and when the insurance declined, clinic came after me. TIA.
In Florida, there are state laws that we would use to go after the clinic. Elsewhere I couldn't say.
I'm in Tennessee. I mostly just want to get two collections off my credit report. Neither is really contacting me right now or going to court. I'm sure they've probably sent something in the mail that I tossed with junk mail. One looks it's been on there about 3 years AD Astra credit. Original Creditor was Speedy Cash. The other is a new medical collection that was recently added a few days before the new changes took effect. I'm bringing up my credit score, so my primary goal is to get them removed. The medical one is not under $500, and the bill isn't a year old, but like I said it was added just before the new rule kicked in. I'm going to check if I have anything for the medical one. I believe I did once get that "we have a case with your SSN" voice mails.
A debt validation letter is the wrong tool for this job. You can send a dispute letter to the credit bureau, (not the original creditor or the debt collector) for any account on your credit report that is inaccurate, obsolete, or incomplete. They have a duty to make a "reasonable investigation" and correct inaccurate information, and to remove information that is obsolete or cannot be verified. If they fail to make this investigation, or fail to correct or remove information that's not accurate, complete, and timely, you can sue them for any damages suffered because of that failure.
@@RWlawFL Ok that's exactly what I was thinking about doing
Excellent!
FCRA Sections 623 and 611
This video is about debt collection under the FDCPA, not credit reporting under the FCRA.
However, you’re correct that those two sections are valid reasons to sue when your credit report contains inaccurate information.
Ga, collection, LVNV... They done a garnishment once and could not collect the money ( which was returned) due to improper procedure... Now they are trying to garnish AGAIN on the same debt with interest and fees added onto it.. Note. Never got serviced any letters .. Just letters through the regular mail stating their intentions of garnish.. 🤷🏻♀️
In Georgia, call Steve Koval: (404) 350-5900 and let him know we sent you.
Dealing with Midland for a way-fair account about 500. I havent made a payment since 2019 but its been sold too many times.
We like Midland cases in Florida.
LVNV never sent me this form they just had me served. I filed appearance and answer in Illinois.
The form is mainly involved when they send you letters, not when they sue you. If you've been sued in Illinois, you probably want to speak with an Illinois lawyer about your case.
Thank you so much for breaking this subject down. I'm curious to know, when it comes to the information required from the collection agency to the consumer as debt validation, do the same rules apply when it comes to medical debt validation? For example, if the consumer requests an itemization of the debt, is the collection agency required to supply that information? Or are they still only obligated to send the information you outlined in the video? Im a floridian by the way. If you have a video on this already I will gladly go watch it if you'd point me in that direction. Thanks in advance.
Debt collectors for medical debt still have the same rules, but you have a right under federal and state law to request all of your medical records and all of your billing records from anyone who’s provided you healthcare.
Once you have those records, you should be able to compare them against the debt collectors, and find out if there’s any overstatements or illegal, padding fees, in order to get leverage to get the debt collector to go away.
I live in Laurel, MD. LVNV has garnished my bank accounts (checking and savings). They have left me with nothing. What? I have been paying on this debt for years. I arranged a payment plan with them in 2018 for a year. I was to call them back in a year, 2019. I did not remember to call them, but was I still making payments. When we finally spoke, they wanted more money, but my circumstances had not changed. They had already filed the lawsuit against me, won, and started garnishing my bank account and wages. I asked why they did this when I'd been still making payment and their reply was " I should have called back" and they would not accept a new plan. Because I have no money for a lawyer, I don't have one. This video has been very educational, and provided hope for getting my life back on track, which is very empowering. I am hoping this Debt Validation Letter will stop the garnishments. I will keep you posted and Thank you!
They are so glad you didn’t hire a lawyer because this is how they can take advantage of you with no consequences.
I can’t tell you about Maryland law but I can say that going it alone isn’t getting the results you were hoping for.
@@RWlawFL I never got served. I am literally just seeing the lawsuit after the trail. So, It is too late for the form?
I dispute letter isn’t a magic bullet, and you can’t use it to attack a judgment. Once you’ve already lost your case.
If you truly believe you never got served, you need to find a lawyer immediately who can help you attack his judgment, and set it aside. Otherwise, you’ve already lost.
I know all of the Internet is telling you dispute, letters, or magic, but if you get sued, Even if you find out after the fact, you absolutely must put up a proper legal defense or you will lose and suffer all the consequences of having a judgment entered against you.
Surgical medical collection... haven’t had surgery- Dr was seen in another state, turned letter over to lawyer - I do not recall service . Doesn’t even state who the (physician)
That sounds extremely frustrating. Hope the video helps.
I am in VA. I just got this letter the other they from ERC They are in FL. Claiming that I owed this amount from that company. I do not remember that I owed money to anyone that I do not already agree to pay them. I reported an identity theft on my name last year there was some loans and credit cards application by someone on my behalf. I changed my driver's license number last Aug. When I search for my name online I have trouble locating it because there are so many names like mine out there in all states. I absolutely want to verify this loan.
If you're having problems with a debt collector based in Florida we may be able to help.
Who in Texas can you recommend? Thank you in Advance for your assistance. Great videos.
Anywhere in Texas, call Bill Clanton. We interviewed him here: ruclips.net/video/wpo7ruwu9u8/видео.html
Wow...this video is older but came right on time. Where do I find these credit collection procedure for state of Georgia ?
The new rules I’m talking about in this video or federal, so they apply to all 50 states and the District of Columbia.
I hope that helps you in this current situation. Let me know if you wanna speak to a lawyer in Georgia, because we've got a good one on speed dial.
Thank you so much for this video! Re: Maryland rules for auto loans- auto loan hasn't been paid since Oct 2019 since to expensive to fix transmission and pay loan at the same time. Vehicle still in possession of person. Per credit report, loan was closed in Dec 2020 due to charge off. Due to pandemic they couldn't reposses vehicles. The loan was opened back up in April 2022 and in good standing... how is that possible? person never received any notice of an opened account.. Vehicle still in possession of person, hasn't been repo'd. Why would the creditor report as in good standing on credit when loan hasn't been paid since oct 2019? Also, where would one find the actual laws on a state website about the statue of limitations NOT a lawyer who writes a blog about statue of limitations and tries to get your money? Thank you!
> The loan was opened back up in April 2022 and in good standing... how is that possible?
I have no idea. That might be something special under the laws of your state.
> Also, where would one find the actual laws on a state website about the statue of limitations
You should ask a lawyer in your state. If you want legal advice, you'll probably need to be prepared to pay money for it.
Hello. Thanks for the video. Do you have customers in New Jersey?
Unfortunately, we aren't legally allowed to help people outside of Florida.
Hi, first thanks for this awesome info. Is this law apply to original creditor?
It does not apply to original creditors.
Went on my credit report to look up a debt I owed. I called the collection agency and they didn’t even have a clue of what account I was talking about. They said they didn’t have my account or debt with them
So what did you do next?
Watching from Wichita,Kansas. Got a letter from Steel River Systems LLC stating I owe AvanteUSA for an collection they have for Cashnet USA for an installment loan. Seeking validation that they have the right to collect this debt.
That sounds like a very complicated chain of obligations-I wonder how they think they're going to prove that?
Do they have to prove there right to collect the debt?
If they take you to court, yes they do. Otherwise, there's no one to "prove" anything to.
I would like to know if it is possible to obtain information specifying how much a debt collection company paid for a debt from the original creditor. How can consumers find out if they are being asked to pay more than what the original debt was bought for?
Generally speaking, you're not going to get tis information, even in court.
You are 100% of the time being asked to pay more than they bought it for-usually a lot more.
Great video! I'm in a pickle and hoping for advice. I'm in the state of Florida.
I was visiting Flagstaff and had to go to the ER due to a kidney stone. I couldn't pass the stone because I couldn't keep water down due to the pain and would immediatly vomit it back up. After seeing the doctor I declined the CT scan and other scans he wanted me to do because I knew how expensive they are, this was my 6th kidney stone and I was very confident it was a kidney stone. I only needed the fluids/anti-nausea meds so I could keep water down to pass the stone. I got a denial of service from the ER doctor while I was trying to pass the stone because I would'nt do the CT scan. The Doctor left and said he'd be right back. He never came back and not long later the nurse came to tell me I was being discharged, while I was still trying to pass the kidney stone. As I was soaked in my own sweat, writhing in pain, I asked to talk to the doctor again. After a few hours he came back and I relented. I said I would do the CT scan due to pain and being unable to pass it. Now I have an 8k bill. Is there anything I can do? Should I seek a lawyer?
The detailed medical history isn’t super helpful, and it looks like all of this happened in Arizona.
Are you disputing that you received the services they charge you for? Or are you disputing whether they had you under some kind of duress when they did it?
@@RWlawFL It would be a kind of duress situation. Is that something doctors can do in the ER? Refuse care. All I needed was anti-nausea medication and some fluids. I know that an ultrasound could have proved it was a stone too for a lot cheaper but the doctor refused that alternative. It sounds like I might not have much of a case but the whole situation just still feels wrong to me. Thank you for your responses. I greatly appreciate your videos and welcome any advice.
Based on the conversations we've had elsewhere, I think you've got a clear plan of attack. Just commenting so folks online understand this thread is at an end.
Chicago, IL : Medical Collections
Lots of good lawyers in Chicago who might be able to help, maybe even for free.
Here is a great question for Florida. If you object to this debt in the beginning with the collection agency. Does this protect you from being sued for ACCOUNT STATED in Florida? Whereas if you do not object then you owe the debt as per ACCOUNT STATED? So does objecting from the start protect you from account stated?
The objection needs to be within a "reasonable time" after you receive the notice of the claim. If you never get notice of the claim until the debt collector contacts you, then yes, your dispute could defeat the account stated claim.
thank you for the Video, I followed your instruction and responded to the attorneys letter regarding the debt Validation, However I did ge a response from the attorney with the statement and all. How do I response?
Was their response accurate or not?
First of all, THANK YOU. Second, what is my purpose in disputing the charges? An ER medical bill in TX that I paid late and months later, I get a collector letter saying that the ER MD was not paid but the statement from the facility indicates that Dr. X was also part of the services rendered. I feel that the process was MISLEADING and nobody wants to hear about it.
The bill was over 2K for a medical consultation because my condition resolved itself by the time that I was evaluated by the physician. There were no IVs, NO MEDS, no tests, and labs done were flawed because the machine would not calibrate and the MD wouldn't treat erroneous results. ANYWAY, I paid the DISCOUNTED price. Therefore, I want to dispute it because the billing folks told me that the matter was resolved BUT apparently NOT. That’s my story and I'm sticking to it. When I returned the collector’s call they wanted to negotiate it to half the price but now it's a matter of principle and 1k. I got my letter yesterday so I am sending it back, certified return, without a signature, along with the billing statement, receipt of payment, and telling them I owe zippo. Then the ball will be on their court and MAYBE someone will listen to my complaint about lack of clarity and transparency. Will anything change? probably not but I will be heard.
> I feel that the process was MISLEADING and nobody wants to hear about it.
If you got billed for a service you didn't receive, that is almost always a legitimate reason to dispute. If they told you it was paid for, and it wasn't, that is almost always a legitimate reason to dispute.
Your situation may depend on Texas law, so we recommend you call a Texas lawyer to help you with this dispute.
I appreciate your advice!
You're welcome! And good luck.
My wife actually had LVNV sue her without even getting any communication beforehand. Just a certified letter stuffed in the mail we almost tossed out with the junk mail. SMH.
Had no option to even ask or send a letter for debt validation so she actually called and asked for one.
If you’ve been sued you definitely need to speak with a lawyer.
You have options better than a dispute letter under the court rules of most states.
Same thing happened to me by Midland Credit ... Their lawyer inserted one in with the summons / answer form along with a deposition and some kind of supposedly itemized statement on a piece of paper and an affidavit ... Seems very deceptive to me as if they hoping I would not fill out the answer for summons .. This is the first I have seen anything from these people, took me by surprise...
We’ve seen this happen a lot but once you’ve been sued you definitely don’t want to pin all your hopes on a dispute letter. Get professional help.
Hi! Great video. Jefferson Capital sends settlement letters that resemble checks. They are not the original creditor though. Help…
Anyone who does that is probably violating the FDCPA. The fact that they're not the original creditor helps you. If you're in Florida, contact us right away and prepare to show us the document you're talking about.
ricardolaw.com/contact/
Do you recommend using a Debt Consolidation Company to negotiate on your behalf of a collection? If not, what would be the appropriate and beneficial approach?
Debt settlement companies rarely deliver the results they promise. And they trash your credit in the process.
If you’re dealing with debt collectors, watch our Debt Collection Battle Plan video.
Thank you for taking the time to make this informative video. I just recieved a letter today United Collection Bureau. I'm from Chicago. My letter doesn't have an I ENCLOSE THIS AMOUNT option to check off.
Good, because if you want to pay off the debt you don’t want to use that form anyway.
See our “negotiate better” video for more tips.
Hey did you ever get it taken care of I got a letter from them as well and it doesn’t provide any of this
What state are you in and what letter did you get?
Thank you! I’m surprised there is no time limit for them to respond the dispute letter?
I know, right?
But "you must stop collecting" is even better than a time limit.
How do you go about finding out what they paid to buy your debt? Send freedom of information?
No. Watch our "How to get it all" video. ruclips.net/video/Cl_N_1TRCFc/видео.html
Hi! Wanted to know what you recommend for collections agency for medical bills that i was told would only be on copay basis and not a random fee for office visit. Also i don't believe i gave the original creditor permission to release my information to a third party. Is this an issue?
If the medical provider lied to you about the charges, that’s definitely an avenue to explore.
TX the account were opened past 5 years.. I understand statute of limitations has expired
That may be the case. A Texas lawyer would be able to help you figure that out.
I made a payment to midland , and then they started automatically taking payments from my account without my permission. I’m going to send them a letter to ask them to stop and validate the debt . I’m from Michigan
If a company-any company-is taking money out of your account without your permission, talk to a Michigan lawyer immediately and talk to your bank.
new york
I hope it's all working out for you.
I found that my account went into collections,but I never received a letter saying it would go into collections.My three reporting agencies where contacted.The collection agency is Eos SSA
While they don't have to send you a letter prior to going into collections, it can be frustrating to see something pop up on your account without warning.
If your report tells you who's trying to collect the debt, you can send them a debt dispute letter like the ones we give away for free here:
rwlaw.gumroad.com/l/letters
I'm in Arkansas. I'm trying to raise my credit back up BECAUSE I now have 8 accounts in collection because they billed the wrong insurance company. I have Medicare and wellcare AND medicaid, BUT the medicaid only pays my Medicare premium, so the hospital billed medicaid, medicaid denied it NOW I owe $12,000 in hospital bills. That's the ONLY negative remarks on my credit. I disputed and talked to the debt collector in person. She (while on the phone) was nice to me believed me and she said she was going to dispute it. 2 months later it's still on credit and I've not heard back.
Oh and I never received any letters EVER.
It sounds like your debt collector has already broken the law. You should look for a lawyer in your area who handles FDCPA cases. Not only could they help clear up your credit, you could even win some money for your troubles.
Thank you for the information. I received the form around first of the year. I checked the box asking for validation of the debt and the box questioning the amount . I received an email saying they got it. Basically, it says they will cease collecting until they get the info to me. I have received nothing else. But , get phone calls all day. NCBI is the collection agency.
Also, they already have reported it on my credit. It says collections $0 . So I’m confused . I want it off my credit. From what I understand, it will not typically be deleted?
Glad it helped!
If you're getting phone calls even though they said they'd stop collecting until they give you the information, and they haven't given you the information, they are breaking the law.
What state are you in?
@@RWlawFL I’m in Ohio.
Talk to a lawyer near you who handles "debt defense" or "FDCPA" cases. It sounds like those debt collectors are breaking the law, and you might have enough to sue them and wipe out your debt forever.
Is credit bureau reporting considered collection activity? And if so, what is the case law to refer to?
It Canby, in some circumstances. For example, 15 USC section 1692e (8) put limits on what debt collectors are allowed to say to a credit reporting bureau after a dispute.
There are some cases out there, but they’re very fact specific.
What exactly do you think the debt collector has done wrong?
the form that the CFBP has a sample doesn't have a printable version of the document only a sample.
you can print the PDF or in the worst case, just spend five minutes and retype it.
Worth it, right?
Other , I was told when taking oh the say credit card it would give me a better credit score witch unturn will get me a better rate , this was and or is not the case so I not paying
That’s going to be a tough decision to defend. But maybe you’ll catch them in a violation down the line.
Hi I'm from New Jersey. In debt with Kay Jewelers who has sold the debt to Resurgent. I'm looking to absolve myself of the debt. I just sent a DIY Debt Validation letter within adherence to the 30 days deadline on the letter they sent me. Currently waiting on a response.
Good luck!
In California re a residential rental issue
Final move out statement was sent to me with a company they said will reach out .. they never did so I reached out to them considering I didn’t even agree to the charges. They said the management never sent them the final bill furthermore they have no record..
fast forward two months I have a bill collector coming after me and the amount they gave me isn’t even the balance I received from my management.
I feel like I was skipped without even having a chance to dispute it even make any payment. Not sure where to even go with this because there’s errors in the amount and I want to dispute the fees.
You need to speak with a California lawyer who handles residential rental cases.
Can you please provide the law in the FCRA or the FDCPA that states that "a debt collector need only confirm in writing that the amount being demanded is what the creditor is claiming owed," is sufficient for debt verification/validation of debt? Thanks!
The courts have ruled that way time and time again. I explain more in this video at 5:22: ruclips.net/video/Cl_N_1TRCFc/видео.html
These 2 collections are being a sore in my side and effecting my credit for too long also
Besides your credit report, what else are they doing to you?
And what state are you in?
I think its important to never say i refuse to pay . Im not sure about a law that states all letters should all be signed in wet ink . Ive had so many not signed at all just company name .or logo ..is a photo copied signature acceptably by law. .
Why do you think that’s important?
Also there’s nothing requiring wet ink signatures in any state. Software licenses would be impossible if there were.
I'm in NYC and I'm sent to credit for my kids hospital bills so I need to remove it.
You can send a dispute letter to the credit bureau, (not the original creditor or the debt collector) for any account on your credit report that is inaccurate, obsolete, or incomplete. They have a duty to make a "reasonable investigation" and correct inaccurate information, and to remove information that is obsolete or cannot be verified. If they fail to make this investigation, or fail to correct or remove information that's not accurate, complete, and timely, you can sue them for any damages suffered because of that failure.
So I received a phone call from a debt collector working for waterfront solutions. It was about a couch that my ex-wife and I had gotten together over seven years ago. In his phone call he stated that that Friday they were going to file to have my wages garnished he attempted to settle for almost half of what the balance was then he stated that he had sent letters That I never received when he read the address it was the address I hadn’t lived in over two years
Unless they already have a judgment against you, they’re breaking the law by threatening to garnish your wages.
I have been haunted by Tmobile for a business account and Comenity bank refuses to remove an item that I paid 2 years ago and they even sent me a refund check. They have been reporting negatively to my credit report for the same 2 years.
Nothing on our channel applies to businesses accounts. I don’t even know where we’d start because you need to talk to your business lawyer about any business debt collection.
Thank you for the information. I am in north Carolina and dealing with Midland credit management for credit card debt, they claim to have sent stuff in the mail but I have not recieved it including any type of validation letter about the debt. How do I go about sending this form to them myself
Just copy the part of the form that includes the dispute checklist, fill it out, and mail it.
Maryland - I had a debt of $200.00 from a credit card that was used for fraud. I disputed it July 2022. The card reinserted this debt from 2016. So I lost points from my credit score now these years later due to my dispute.
If you’ve been a victim of identity theft, then you can go to www.identitytheft.gov/ and follow the steps there.