DEBT VALIDATION: the most effective strategy that no one else will tell you in 2024
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- Опубликовано: 8 июл 2024
- Debt validation letters are a tool lots of people want to use to gather information to fight off unfair or abusive debt collection. If you've tried it, you might already be frustrated trying to get the information you're asking for. But in this video, Florida lawyer Mike Wasylik tells you about the MOST EFFECTIVE way to get ALL the documents you need.
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📫 Get five sample letters, detailed instructions, and almost an hour of attorney instruction on how to use dispute letters to crush debt collection:
rwlaw.mykajabi.com/crush
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📞 Get Florida help for Florida cases! Contact us here: ricardolaw.com/contact/
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⛑️ Want help dealing with debt collection for debt that doesn't seem right? If you're in Florida, you can us at 352-567-3173 for a FREE 30-minute appointment with one of our lawyers (Mention this "getting documents through debt validation" video!) to find out how we can help you.
What you'll learn in this video:
00:00 Debt validation: How to get the documents you need to fight off abusive debt collectors
01:19 What kind of documents you might ask for
2:42 Your right to debt validation under federal law
3:41 How to punish a debt collector for refusing to provide validation
3:54 Three ways debt collectors respond to validation demands
4:48 When debt collectors give you incomplete responses
5:22 What probably WON’T work and why
6:38 How “debt verification” is defined
7:26 What a debt collector must prove and how
8:17 How to demand evidence in the most effective way
9:13 Getting a judge to order a debt collector to give up documents
10:15 How do you get to this point? TWO WAYS
11:28 What kind of things can you use to your advantage?
12:18 The most valuable documents to get
13:02 If you need more help, do this
13:31 What you need to know next
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📫 Get five sample letters, detailed instructions, and almost an hour of attorney instruction on how to use dispute letters to crush debt collection:
rwlaw.mykajabi.com/crush
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📞 Get Florida help for Florida cases! Contact us here: ricardolaw.com/contact/
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God Bless- thanks for the education!
You’re welcome!
I recently received a court letter saying there was a default judgement on me , the court records say I was served in February 4 2023 , but the default was in April 2024 and I know I was never served
If you were never served, that's a good challenge in most states. But you need to speak with a local attorney ASAP to help with that.
Can you please do a video for which letter is best for challenge/removing repos
We'll add that to the list!
I am so glad I "discovered" your videos. Would I need to discovery letter to look at my expouse's financial records? How can I obtain bank records older than 7 years. When I requested mine I was told that that's how long they are legally obligated to hold. I am challenging a debt from 1996.
If they no longer exist then there’s nothing to get.
If the debt is from 1996 how is it still even an issue for you? The statute of limitations should prevent anyone from suing you and it should be long gone from your credit report.
Powerful
Glad you liked it!
Thank you for these informative videos. Is the only way to dispute the charge and possibly get it off by taking them to court? Or can I send the request for proof of debt and take it from there?
If you’re talking about credit reporting, that's a completely different process.
Thank you so much for your very informative videos. Midland has placed a collection on my credit report for an account with Capital One. A Capital One account is not showing on my credit bureau report, just this collection from Midland. I did have a Capital One account years ago, which I closed more than 10 years ago with no balance owing so it has fallen off my credit bureau report. The only items on my credit bureau are an open credit card account with Citi and a closed/paid as agreed mortgage with BOA. Should I send a debt verification/validation letter to Midland or should I file a dispute with the three credit bureau agencies as this Midland account cannot be matched with any other account? TIA!
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.
Thank you for sharing. Question… If the debt collector doesn’t send you a verification letter are they allowed to place it on your credit report?
Check out our “debt collector sneak attack” video-we spend a lot of time answering that question completely.
The video talks about new rules that affect that practice.
When I signed up for a gym membership they make u feel out a form of what you are trying to accomplish. I wrote bc I am limited to my physical ability I wanted a trainer that also has physical therapy experience to know how to help me excercise without injuring me. Well the person that signed me up said that he was certified as both traininer and physical therapy...he waited until after my buyers remorse period and had me work out with a entire different trainer. Now I tried but I could not physically it. In the contract close if I am disabled or have limitation i could get out of my contract without cost. When i tried to do this they told me i could not cancel and for three months they would not let me out my contract so I disputed my payments. Then after 3-4 months they finally sent me a form to give my doctor as proof of disability. Also during this I have covid and pneumonia and lost my job and lost my insurance. Now they want to collect a debt. Idk where to start
What state are you in? If you're in Florida, reach out to us.
ricardolaw.com/contact/
What about the FTC opinion letter from Attorney John F. LeFevre that a printout of a bill or itemized document does not constitute verification?
The courts aren't bound by that and apparently haven't given it any weight whatsoever.
Should you freeze your account with Lexus Nexus, Core Logic,Ars,and Innovis while you working to fix your credit?
2. I sent out debt Validation letter to collection, now the remarks on my credit report. Is Dispute resolved customer disagrees, but they didn’t send what I ask for just accounts summary and payment history.
What should I do ?
My last Question:
The certified card when return back to me. The signature the put COVID 19 does this make a difference since it is not a human signature?
>Should you freeze your account with Lexus Nexus, Core Logic, Ars, and Innovis while you working to fix your credit?
That's a tactical question that depends on the unique facts and circumstances of each case.
>they didn’t send what I ask for just accounts summary and payment history. What should I do ?
I don't think they have any obligation to send you anything else.
> The certified card when return back to me. The signature the put COVID 19 does this make a difference since it is not a human signature?
Not to my knowledge.
Any recommendations for a NJ lawyer? Thanks!
In NJ, call Subhan Tariq: 718-674-1245
Calhoun County Fl.
Estoppel by Acquiescence is what sent to 2 creditors. Wemt through the whole process theough the mail.
County clerk refused to file it.
What should i do?
We don’t use that strategy.
Can I file a motion to dismiss based on debt collectors failure to attach a proof of assignment?
They only attached original creditors summary of account
No. A motion to dismiss is never directed at "proof," only at the sufficiency of the complaint and its contents.
It sounds like you need to speak to a lawyer ASAP because you're not familiar with how the court system works. You're likely to step into a procedural trap that could kill your defense.
Your videos have helped a lot. I also got help from a non profit who said I was doing a good job defending myself, and also said they were shocked the lawyer had not dropped case already. I believe the other side has violated several FDCPA and also civil code of procedure - can't find a lawyer that will help me - so wish me luck!
I'm glad we helped you and I wish you the best of luck. I'm disappointed you can't find a lawyer to help you, especially if there's a legitimate FDCPA violation.
@@RWlawFL the self help office confirmed that the lawyer messed up pretty bad, it doesn't seem to be worth the time of a lot of lawyers i contacted. oh well. gonna go it on my own. see what happens.
I’m just confused. If there’s an FDCPA violation, or multiple violations, I would think that some lawyer, somewhere would be able to help you for free.
@@RWlawFL yeah no clue.
@@RWlawFL Well, I got over confident. Where I was prepared for the attorney and the argument - was not prepared for the judge. 1- Judge notes that the other side made contradicting statements, but tells me they are a officer of court and implied they don't lie - yet didn't directly ask the attorney why the contradiction 2- Judge says FDCPA violations aren't relevant and that is another trial 3 - and the best part other attorney realizes in court that their objection is to a totally different "sorry your honor i must have misread" and the judge is like "no problem." #railroaded.
I get social security SSDI, social security told me that bill collectors can't touch the check
Are you also worried about your financial privacy?
Hi thank youfor the post. I moved 2 years ago and now I'm getting text messages from a collection company that 2 years ago mailed me a collection notice and I can't recall if i disputed it or not. Now I just want to mail a validation letter in response to their text message b/c the collection address and collection debt matches what I found on all 3 of my credit reports. Can I go and respond or should I wait for the letter. The text message came in on 3/2/22 and to date I have not received any correspondence in the mail. I'm in NY
Other than text messaging, are they bothering you in any other way? You have a right to tell them to never send you a text message.
Great video! I have a 2 collections for 2 years. Those are mine and I want to pay them. How can I pay them?
I go step-by-step through this process, in my “never pay collections“ video.
It explains when you should and should not pay collections, depending on what your ultimate goal is.
I have been recentley told to send esch creditor a letter Disputing debt Intrest rate and fees and then document each call Home or work to build future case.If they sue me. Curious of your thoughts. Kimberly
Watch our Debt Collection Battle Plan video.
So let's say that a debt collector violates the fdcpa and as a requirement they have to remove things from a credit report does this mean any negative marks caused by the original creditor will be removed as well? Should the debt collector violate the fdcpa
FDCPA violations usually don't have any effect on credit reporting, but if the credit reporting is somehow inaccurate, you have a right to have that corrected.
The actions of the debt collector almost never affect the reporting by the original creditor as long as it's accurate, complete, and timely.
Hey first off you are awesome and your advice in invaluable. I have been trying to get a debt validation from EOS CCA since December 1st I got my certified letter green card back and no communication at all from these clowns. On Jan 11th I sent the 3rd Certified letter (Sutpidly the first letter I sent was just with a first class stamp.) I have yet to receive anything from them. Do you think that if I sue them based on them not responding to me requests there's a chance I may get this non sense $350.00 collection off of my report? As always your response is much valued. Thanks in advance.
Thanks for watching!
Their non-response will prevent them from future collections but there's no connection between validation and credit reporting.
You won't be able to sue them for not responding-as we explained in this video-unless they try to collect from you after completely failing to respond.
If you think the credit reporting is inaccurate, obsolete, or otherwise improper, you can dispute it directly to the credit bureaus including the basis for your dispute and any documentation you have (proof of payment, etc.) The bureaus frequently make mistakes and get sued all the time for failing to correct those mistakes.
What can I do if I owed an electric utility bill, a cllection agency reported on my credit, and I wrote to EverSource but the sent me told it was on collection, I want to pay it off but not to the collection agency, because I want to remove that derogatory item on my report. What should i do?
Did they sell the debt outright or did they just hire a debt collector to collect on their behalf?
If it’s the second question, then you should still be able to negotiate a global pay for delete.
If it’s the first one, then you need to analyze the credit report to find out if there’s something in accurate, incomplete, or obsolete about the account listing so you can dispute that from your credit.
If you can’t get it removed from your credit report, there’s probably not much benefit to paying it off.
Is credit reporting considered collection activity?
In some circumstances, yes. One of the most important criteria is it has to be a debt collector, not the original creditor, doing the reporting.
Hi, I have business debt that in collection. I see that documents that I signed is behalf of my company name. It that the same as personal Guarantee Signature. Thanks
Almost none of what I talk about applies the business debt, unfortunately.
So what happens if the original creditor submits inaccurate information to the debt collector?
The debt collector is responsible if they are collecting amounts that you can prove R. wrong.
They usually priceless in to the deal when they acquire the rights to collect from the original creditor.
How long do they have to answer the validation
No set time. They just can’t collect until they do.
Hi, I sent the validation letter to the collection agency, on the validation i requested proof of the original contract or agreement bearing my signature but they did not send me what i asked for. I can tell that the collection agency do not have any contract or agreement signed by me. The collection agency is telling me that i need to sign the validation letter with my signature on it. DO I NEED TO SIGN THE VALIDATION LETTER? What laws under the FDCPA state that the validation letter must be sign?
Can you please give me your advice on what to respond to the collection agency on this situation.
They don’t have to give you a signed document. We’ve done several videos on debt validation and I recommend you watch each of them to get a complete answer to all these questions.
How do you get rid of the private companies that get paid to verify your debt ?….
I don't know what you mean.
Thank you for those videos, they are really helpful
.I have a question if you can answer me, please. I receive an email from a debt collector asking me to pay two invoices to the company I stop working with them in 2020
This year in August they try to cash 2 checks which I issue in 2018 for some merchandise and because I didn't have money at the moment I ask them to hold the checks for a few months until I pay the depth which I did as promised but I write a new check( one ) for both amount toughener and pay the invoices in total and forgot to ask them to return. those 2 checks.The checks number for all 3 checks are consecutive orders all from the year 2018 so they commit fraud
They put this year's date and also made fake invoices as well.
Can you please tell me if I have to respond to a debt collector and denied charges or wait for the court to call me?
And also because I leave here on my visa the debt collector treats me as if I don't pay that he will report me to the immigration office? I don't think this is legal and not sure what I should do? Thank you
Did the debt collectors tell you that about your visa? If so, they probably broke the law and you can sue them.
I recently had a university send past due tuition to a collection agency. I received the validation notice, and I sent the agency my dispute letter. A month later, they sent me another validation letter to collect the same balance from same creditor under same account number. I complained to CFPB, and collector replied that the university recalled the first collection account and opened a new collection account and started the process all over again. The University cannot send documents to validate debt to collector because it would violate FERPA. I feel like this is a tactic being used to circumvent my rights to dispute. This is mostly bullet points, but do you have any thoughts?
FERPA probably doesn't stop them from trying to collect money from you.
Your next steps depend on your goals and what they are actually dong to you: communication (letters or phone cals), credit reporting, or court action (trying to sue you)
We've got lots of videos on all three.
Richard what is the best credit monitor service to use?
We don't have any we recommend. Instead, get your three reports direct from the bureaus-watch this video to learn how: ruclips.net/video/bfWgfbLijns/видео.html
@@RWlawFL Thank You
You're welcome!
Debts have already been paid. I want to verify the accounting or tax implications for their business activity.
You'll probably need to ask an accountant or tax advisor for the implications of that.
My goal was to determine if the debt was actually paid already, as most are because there is no money, only debt and credit. For a mortgage, I wanted all documents, front and back, pertaining to the “loan” to see if they had been securitized. All the accounting and tax and insurance on the “loan” and to see who funded the “loan”. They chose not to produce the original note, and instead, “transferred” the “mortgage” to yet another servicer.
If you didn't pay the debt, no one else will have paid it for you.
@@RWlawFL all debts are pre-paid… only correct accounting need apply, but it doesn’t seem to be that our employees know what that is, or how to do it, and or, don’t want to do it because they have us all paying their taxes too. What a deal.
When did you pre-pay your debts?
@@RWlawFL I don’t understand the question. It makes no sense. Go look up the definition of payment. All your public debts are PRE-PAID because there is no money. It is a matter of correct accounting for debt by credit and discharge.
This is false, and you're setting yourself up for a very bad time when they sue you.
The good news is, if there's "no money" you won't mind that much when they take 25% of your imaginary paycheck.
What if the "debt collector" is an attorney or law firm for a credit union?? Do all these instructions still apply?
Yes.
I have not yet been served but there is a lawsuit filed against me (called the courthouse to verify)by Credit One through Cooling and Winter. Would it be a good idea to request validation and arbitration instead of court or go to court and then request?
If you're in Florida, give us a call today. If not, let's help you find someone who can stand by your side and fight back.
Can you use this to get the full purchase agreement
That's the best chance you have of getting it, yes.
What if you really got a loan but for stuff that happened in life ( hospital Death Loos of a job ) you are not able to pay that loan and goes to one of this collection agencies How you fight paying the minimum or nothing at all ??
All the videos on our channel talk about the different ways of fighting debt collection, along with many of the posts on our community tab. Start there.
Hello, Thank you for the valuable info. I lost my job due to the pandemic and with that my last three years of work. Now, I'm almost 70 years old, not feeling well to work and living with a small SS monthly income. I'm still struggling paying some credit card debts and already left two out that can't not afford to pay. I'm very nervous about my situation. Too much to handle.
When you say you’re nervous, what are you afraid might happen? You’re probably in a better position than you realize.
@@RWlawFL Hi Thank you for replying so fast. I'm nervous to lose the only property I have, my home that I worked so many years and so hard to owned it. I get so many calls and letters. Those accounts are still charged off when I check Equifax, Expedia and Transunion and not in collection. I'm confused. I'm from Florida. Thanks again. Have a blessed day.
Send us a message and we’ll schedule a call. If you’re getting calls and letters, we can probably stop those for you AND help protect your home.
ricardolaw.com/contact/
@@RWlawFL Okay, right now, I'm only getting calls and different collection letters for the same account. I'll definitely call you if they threat me. I'm also worry about paying your fees in my situation.
If they're breaking the law, you won't need to worry about fees. Let's review your calls and letters to find ways they might be breaking the law. Give us a call:
ricardolaw.com/contact/
Would you recommend anyone in the state of Texas. I have been looking for a lawyer to help with a few debts that I know could be resolved or at least negotiated.
Anywhere in Texas, call Bill Clanton. We interviewed him here: ruclips.net/video/wpo7ruwu9u8/видео.html
With junk debt buyers, i demand in the verification a copy of the purchase agreement with all its attachments, as the debt is usually sole without representation and warranty of accuracy. Secondly, i demand the privacy statement from original creditor granting my consent for them to obtain review or share my personal data. a statute of frauds affirmative defense.
We look for that representation language, too-but that's why they don't want to hand it over.
Also, it's our understanding that some of the agreements no longer have that language.
But dont they have a certain amount of time to send u verification?
No. Check out this video for a full explanation:
ruclips.net/video/Mkia9oA9i38/видео.html
I have a very complex credit issue
Collectors failed to validate fraudulent accts, formally submitted my identity theft report , TransUnion refuses to remove 2 of the accts saying they verified which is B's bcuz they couldn't even VALIDATE what can I do
Follow all the steps at identitytheft.gov and if the CRAs refuse to cooperate you can and should sue.
Okay my important question is.❓
How can I get documentation of people or persons who is using my bonds or Treasury Direct..
For example..
Not many Americans know that the courts are getting into our bonds. Who else is using my bonds and where or who can I go to get those documentation.. Like did my bonds was use for Insurance.?, Bank lending.? Mortgage and etc etc..
Please help 🙏🏼😇
I have no idea what bonds you’re talking about.
I asked for debt validation. I was sent a print out of credit card statements. The statements show two different accounts and different addresses.
If they’re trying to collect a debt using false pretenses, you may be able to sue.
I like this video and you offer a solid chunk of insight into the law. However, wouldn't a three-pronged "attack" work where you dispute and request validation of every data point in a tradeline (not all at once but one at a time) while simultaneously freezing data furnishers like CSC Credit Services, Innovis, etc. and also talking to the major bureaus to try to link certain personal information to verified negatives (hey, this old address keeps showing up on my report even after you deleted it, its gotta be linked to an acct yea?) gift of gab, maybe a little social engineering to make an inexperienced rep give you some info....and then sending letters in to try and wipe out all the "former/previous" data such as addresses, phone numbers, aliases...this method would prevent a CA from reporting for months if you go through a tradeline and dispute EVERYTHING one by one: date of last delinquency, scheduled payments, paid amounts, balance (for example Apr 2020 $200 balance) you get the idea...continuously disputing (deliberate, nothing frivolous) will create an opening, an "eye" in the storm...which is really all you need if you are trying to get an apt, a job, lease a car, etc...especially if while you submerging these entities in mounds of paperwork you have good reporting, a revolving acct like a secured card and an installment acct like Self lender (little pricey but solid)..heck you can even send in pay for delete letters (without admitting to the debt of course) to see if a CA would agree to a written contract of you paying in full in exchange for deletion of their tradeline (beware though because this wont delete the original creditor's negative reporting) before you even start disputing.
That MIGHT work, yes, and possibly does work sometimes. Have you done this successfully or are you just planning ahead?
@@RWlawFL yes but obviously this an advanced method with many "moving parts"...perseverance is the key akin to pen testing in cyber security whereas you find one opening that then can snowball into mass effects
> advanced method with many "moving parts"..
Absolutely! this is why expertise is required, just like with pen testing.
Can veteran benefits or social security be garnished? My husband is rated at 100% and none of his income is taxable. We are in Texas and from what I can see they cannot. Just looking for some insight.
Probably not, but you should talk to a Texas lawyer to be sure.
Your situation is going to depend greatly upon the state you’re in.
Even if they can’t garnish your wages, they can make your life a living hell.
What state are you in and how many lawyers have you talked to about the lawsuits you’re facing?
Got letter in mail and the amount on it doesn’t match the amount on my credit report and when I told them I made a deal with my seller and they should’ve gotten it they told me that my matco sells buddy he had no authority to make deals and was trying to force me to make a payment option and I didn’t agree to and they asked me if I had income tax coming in I told them it none of their business and they wanted my bank account number what do I do
Seller? Matco? I am having a hard time understanding what you're asking.
Okay so should I ask them for all the documents first then take them to court
You can ask for whatever you want.
Taking them to court is how you will get the documents.
My debt is in the same city that the attorney collection is in. My question is, is it possible that they can obtain the finacial records of my debt from my original debtor.
Yes, it is possible that they might.
Your videos are very good, very informative. But why does no one bring up how much the debt collector or the junk debt buyer pays for the actual debt? And why does the junk debt buyer get to keep that info A secret?
Because it’s not helpful or useful. Courts don’t care about it and it doesn’t help resolve your case.
If it was a benefit to anyone, we’d talk about it all the time.
i have three VA medical collection from 2021, 1 for $5230 2 for $65 should i send them a dispute letter or a debt validation letter ?
Who’s collecting? The VA?
@@RWlawFL
Hi no its a company called Acclaim collection agency, the VA has pass it on to collections.
If it's a private debt collector, you can send them a letter that does both.
Is Diana a family member had debt collections bank of America he is not live in USA but I was payment the first collector and stop now is another collector want to collect I receive a letter in his name what I can do?
Having trouble understanding what you’re asking.
Are you in Florida?
@@RWlawFL no am in CA
In California, call Mike Cardoza www.cardozalawcorp.com/ or Jay Rahimi: www.jrahimilaw.com/
What if they have reported wrong dates as to when the account was opened? What can I do?
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 I have disputed it. It came back verified. The original contract was signed in '17 but the collection agency, who is a sub company of the original creditor, has reported it as opened in 2020.
"Opened date" is one of the most misunderstood items in the credit report. For a debt collector, it's when THEY opened THEIR account, not when the original creditor let you open your account with them.
It came back verified because it's probably right.
You need to look for some other inaccuracy. "Open date" rarely works.
How can open date differ from the original creditor? I thought when the dates were wrong from the original creditor meant re-aging.
"Open date: is just when the company reporting revived the account. It's not "re-aging" because it has nothing to do with the age of the original account.
Shucks, I'm in Missouri. Any recommendations for representation here?
Call Bryce Bell. bell-law-kc.com/. Tell him Mike Wasylik sent you.
Question, I have someone else’s account on my credit report, I asked for validation from the collector and they sent me the proof of it being someone else’s 🤦🏻♀️. I wrote to the bureaus and they sent back “it’s yours” without actually checking. I wrote to the collector with their own proof and they still haven’t removed it! Now what do I do? The bureaus aren’t doing their jobs, no surprise and the collector is ignoring me I suppose. Thanks for your time!
If you’ve got proof of a mixed file (someone else’s debt on your report) or identity theft (someone stole your info to apply for credit) you may have a very powerful lawsuit ready to go.
Give us a call at the office so we can connect you with a good FCRA lawyer in your area.
Remind me what state you’re in?
@@RWlawFL thanks for your response! I’m in Michigan.
We definitely need to get you hooked up with someone good in Michigan
File a lawsuit u might be look at a good 30-40k east
Damages vary, but there are definitely cases where consumers recover $40k or more.
Don't they have your social security number so wouldnt that alone bind you to the contract of the debt collector for validation
Having your SSN doesn’t give them magic powers of binding. They either bought the contract or they didn’t; they either can prove it or they can’t.
@@RWlawFL Maybe im not understanding something, if they have your SSN then they would be able to bind you to the contract that was sold no matter if you send the credit bureau"s and tell them this is my name my address my phone number and my job and tell them to delete everything else not associated with the information you proved them as correct info if they have your SSN from the original contract if they have it which in a sense with your name they can bind you to the contract and try and get you to pay
I'll say again: Having your SSN doesn’t give them magic powers of binding. They either bought the contract or they didn’t; they either can prove it or they can’t.
I have a medical debt but don't remember going to that hospital, they charged me $331, and it's been 7 years but it's still there what should i do? i received a letter but it was not from the hospital that's on my report
Most negative reporting should roll off your report after seven years from the date of the nonpayment.
Once it’s past the seven year mark, confirm it’s been removed by checking your report again. If it’s still there you can send a dispute letter to the specific credit reporting agency (Experian, TransUnion, and/or Equifax) and ask them to remove it.
If they refuse, you may be able to sue them for any damages that caused.
@@RWlawFL ok, I'm reading the letter and I'm confused. the letter I was sent was from the actual hospital but not for $331. can another hospital buy the debt and add more money to it? it popped up on my credit report last year and I'm trying to find the date of service?
Without looking at your bill and knowing about the details of your report and the alleged bill it’s very difficult for me to know the right answer.
Again, after seven years it should be gone. Don’t you have any way of knowing when and what services you should have gotten from this provider? Your medical records might contain a clue and you have a right to request those.
Hello again, I am not being sued but last month I got a letter from a law firm that is trying to collect on behalf of a debt collection agency. I sent them a verification letter and today I received a summary and terms and conditions of the loan. On the summary page my name, address, amount is correct.
My question is can I ask them for validation of an agreement between myself and the collection agency? Do they have to provide me with a written agreement between me and the collection agency? Are they required to provide me with written documentation showing they are the owners and have a legal right to collect?
I live in California.
Sounds like you’re barking up the wrong tree. You can ask for anything you want, but they don’t have to give you what you’re asking for.
Only if they sue you do they have to “prove “anything.
@@RWlawFL thank you for the information.
I do have another question. The letter they sent me they are asking me to pay the balance “immediately.” Should I bother responding or wait to see if they sue me?
I plan to look at all three credit bureaus to see if I can find anything that they did wrong. But what if I don’t find anything? Should I look for a lawyer? I don’t believe I owe the collection agency because the original creditor told me they sold my file to them when I called. I don’t have a written agreement with the collection agency. I found out that the statute of limitation in California is 4 years. July 2024 they won’t be able to claim anything.
"Immediately" sounds like it might be a violation of the FDCPA depending on what other communications you've received. Definitely contact a California consumer lawyer to help you out with this.
@@RWlawFL thank you and I agree. I’m in the process of looking for one. Thank you
Good luck!
I requested the actual or copies of signed receipts from the original credit card company, and was denied access. The copies would prove that I never signed a single receipt. I have no authorized user on the account.
Did you do this in court? If you watched the whole video, you'll understand better how you can get these.
Also, the receipt issue probably doesn't help you. More than half of my credit card transactions nowadays don't have any signed receipt. the credit card company probably never got them to begin with.
"...that one one else..." LOL!
Fixed, thanks.
@@RWlawFL Great channel, by the way.
Glad you're enjoying!
In 2020 My wife received a letter from a debt collecting company staten they are suing her For a debt that was from 1997. They came to And agreement to garnish ONLY $50.00 BI weekly. SO for Approximately 12-13 months They were garnishing the wages per the Judge. She found a better job and Approximately 9 months into the job They started to take out 25% of her pay for 2 & half months. The original agreement was $50. Her job didn't even notify her, she didn't receive any emails letters anything. So they started taking out over $230.00 bi weekly. After the original deductions like taxes insurance and so forth they take out over $400 every 2 weeks. And now the additional $230.00 On top of that. They were taken out so much money she had to leave that job too Find Another job only because of that deduction. I think it was illegal I want to Is counter sue them. I want their blood. Just like they took our blood I want their blood. She was bullied She was intimidated. Now I want their blood I want to hire you
If they broke their agreement with her, that's a violation of law. Call the office first thing Monday and let's set up a time to talk.
I live in Tennessee my father lives in Illinois. We both have the same first and last name. 3rd party debt Collector served a summons to my dads house in Illinois but I live in Tennessee. It’s a credit account that was taken out in Tennessee. Can they sue me legally in Illinois when I live in Tennessee. I’ve never lived at my dads. Collection agency isn’t licensed in TN.
They can only legally sue you in two places: where the account was taken out and where you live.
This is almost certainly a violation of the FDCPA and you would probably win if you sued them under the FDCPA.
@@RWlawFL can I hire you for this. The court date isn’t until 05/23
The credit card debt was taken out online in Tennessee and I live in Tennessee. The court date is in Illinois. Should I file a answer with the Illinois court showing I live in Tennessee? The debt is 1,215. My dad got the attorney representing the third party debt buyer to send him a letter by email showing it isn’t his debt based on the last 4 digits of his social. My dad tried to get them to drop the lawsuit after they sent him the letter but they wouldn’t do it. They’re trying to make it look like they served me there and thinking I won’t show for court so they can get a default judgement. They don’t know we’re father and son.
I can't handle TN cases.
John Watts can work with you on TN cases. I did a live Q&A with John here: ruclips.net/video/IZfm9B2Uwzw/видео.html
I don't know TN or IL law, but if someone got sued in Florida that didn't live here, I'd probably file some kind of motion to dismiss based on lack of jurisdiction or improper venue.
They gave me Zero proof that the debt is mine, but the credit reporting agency claims it is validated. I do not see how that can be? It is Not my debt!
They don’t have to give you proof.
If it’s not yours, and you can prove that, you can sue to recover any damages and to get the item removed.
@@RWlawFLi have a serious chronic health condition and my life partner also has a serious chronic condition… we have no money and no time to be going to court!!! This is too stressful…. My symptoms and his symptoms are unpredictable this really freaks me out!!!!! And a verizon customer 24yrs ago?!?! I can’t verify it is not mine if they dont give me dates!!!! And how it got to $10k….. 😭😭😭😭😭
@hahakittymsms1183 If they've sued you, check with a local legal aid program-you may qualify for help.
So a validation letter only serves the purpose of maybe possibly getting a debt collector to fold because they can’t validate within the allotted time?
And with regard to suing the debt collector, I can’t see anyone being successful knowing full well that the debt is owned by the plaintiff.
Also, wouldn’t FDCPA be a separate claim unrelated to validation or litigation that arises from the actual debt owed? For example, you owe money and it’s been validated, but the agent violated FDCPA.
You go to trial on the amount owed which would be independent of a FDCPA violation which would be its own trial unless it’s settled or addressed during negotiations on the amount owed.
It seems like the video casts a wide net in terms of different creditor issues, but the net doing the catching is unrealistic to the complexities of debt ,validation, FDCPA, and litigation that has no real merit or value.
There is much you don’t understand. There is no allotted time. Watch the video again.
We sue debt collectors all the time and win, whether the debt is owed or not. That's legally irrelevant to whether they have broken the law during the collection phase.
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Can a dept collector take my home
In Florida, no, except for your mortgage HOA fees, or construction and repair of the home.
Other states may have different laws.
@@RWlawFL I live in ohio
An Ohio lawyer would be the best person to ask. We don’t know Ohio law and aren’t licensed there.
Hello thank you for this video. Back in 2020 we received a letter from LLC Stating that they are suing my wife for a dEPT from 1997. My wife filed a motion, they went in front of the judge and they are Agreed to take out $50 from her pay every two weeks. So for approximately 12-13 month they have been garnishing the wages. It was good. But then she found a better job. And after approximately 9 months or so They started garnishing 25% of her pay. That was not the agreement. My wife did not receive any notifications any letters emails About them taken 25%. Even her work did not notify her on this matter. So after regular deductions taxes and so forth and then add in the 25% her check is $900.00. They have been taken money out of her direct deposit for approximately t
3 months. They have Garnished over $1400.00. She didn't know what to do, she quit that job because of this debt collecting company. Because there was nothing She thought she could do but to ONLY have to find a different job. which she did. By them garnishing all that money turned our lives upside down just like a blink of an eye. It is So hard to build up your credit and Establish a good name. But with a snap of a finger they can take everything. Our rent for a 1 bedroom in florida was $1450. Then in 2021 Our rent went up 2075.00. Due to high rent, Car payment, insurance and so forth. We couldn't afford to have $500 Deducted every month. So the judge ordered to pay $50.00. Now they just went without our Knowledge And against what the judge had originally settled on. I feel this was so illegal. What can I do? Should I call you? Should I hire you? I want to go after them. I want blood. I want to sue them I want to see blood
If they broke their agreement with her, that's a violation of law. Call the office first thing Monday and let's set up a time to talk.
I got a personal loan through FREEDOM FINANCIAL which 2 months later changed name to Achieve personal loan.
However, the personal loan was originated by Cross River Bank.
I got a letter from Axion Acquisition Ventures on July 3,2023.
I responded by phone and requested more info. The rep kept offering deals from the beginning. Nothing was done i had to go .
2 days later call back ,I asked for the same rep, however, the second rep wanted my personal info including SSN.
I ended up talking with the first rep i spoke before and requested a Validation letter .The rep kept telling me that it was going to take 15 days or 20 days. Then He said they might not be the owner of the account by then . He wanted me to take advantage of the deals.
Also the account/debt was sold prior to another collection company i never heard of .It seems to me they may sell this account again . The question is why. What are the chances to be sued by whoever collection company ends up buyind this account,
Also The letter shows the name Freedom Financial but mi credit report show Achieve personal loans. The balances are different as well.
Watch our Debt Collection Battle Plan video to see what you should do next.