I'm studying your videos because I have a lot of credit card debt that I can't pay and I may get sued soon by a debt collector. I can say that you can initially tell the judge that you deny the debt not to lie, but rather to give both sides enough time to really examine the evidence and to come up with any legal defences. Its kindof like pleading not guilty at the first arraignment at a criminal case even if you may think you are guilty of the crime that you are being charged with, and then you proceed to pretrial. I think you should only admit the debt only if you are filing for bankruptcy but not if you are trying to defend yourself.
@@RWlawFL really have to be careful what we say to the judge. I know if you defend yourself, you would want to initially deny the debt simply to give both sides enough time to review the evidence and look for any defenses.
What about a medical debt ? My primary insurance paid most and the rest should have been paid by secondary insurance that they refused to collect from instead of filing with secondary instead sold debt to collection and charged me when should not have. What should I do ?
Who's trying to collect from you right now? If insurance should have paid for that, it means they're trying to collect a debt you don't owe. If you're in Florida, that is something we could help you with.
Thanks for helping, I have a large credit card debt, not small claims. The bank sent notification that the debt has a new servicer. This new servicer then assigned/transferred to LVNV (Plaintiff - who also has same letter). My answer to the court is that I denied the allegations, the response from court was to go to mediation as the next step, in Colorado it is like an automatic response from the court. My defense is that it clearly says on the bank notification who the new servicer is and it further states this new servicer may not transfer title to my account to a subsequent transferee. Therefore I do not owe LVNV. I know I owe the money, but I do not owe LVNV this money, I owe the new servicer. Do I have a good defense? Should I file motion to dismissed with prejudice and attach this letter that states may not be transferred? Should I continue with the mediation process, see what LVNV has to say and then explain to mediator what the letter says, then file motion?
Because you’re involved in a large lawsuit in Colorado, you’d be shooting yourself in the foot if you didn’t get the help of a Colorado lawyer. We don’t have anyone specific to recommend but anyone who handles debt defense cases should be able to help you.
I wonder what happens if you get a judgment from a debt collector for $2,000 and they seize you bank account, but you only have $50. Does that mean that you will have a -$1,950 balance in your bank account?
If They can write off the small Amount of debt and let's say hypothetically That person decides they want to pay it, and they do. Isn't that a double payment? Or it doesn't matter.
I got a summons a year and 1/2 ago from Capital One, I am a client of HELPS NON PROFIT LAW FIRM, they are a Law firm that helps seniors who have debt, I was told NOT to answer the summons because "you do owe the debt" I am on SS Benefits and a Pension, HELPS sent the Attorney the letter stating I am on protected income and the Law suit was dropped. You saying "you should show up in court" it's not the same for Seniors who's income is protected, in other words, your judgment proof
Is it OK ? , when you ask collectors.. send me please ON EMAIL validation letter and proof that if I pay 50%, I don't owe you anything.. they say they don't work by EMAIL. isn't it strange? It's 21 century. Then I told them .. ok send it to my address, but they DON'T KNOW my address.. .isn't it strange 🤔? What to do in this situation?( Medical debt , few months old . Collection agency name HRRG, it's our debt for sure, it wa s just confused situation).
Validation is almost always going to come by U.S. mail, although some debt collectors might email you. If you don't want them to have your physical address then don't ask for validation. Or, hire a lawyer to request validation for you.
Great video attorney, question? isn't it better for someone with no money to hire you to defend them or doesn't have the knowledge themselves to just avoid service altogether? I have seen it work and eventually years go by and the statute of limitations is over, it would be great to hire an attorney but kind of hard if you have no money, your thoughts please sir
Avoiding service is difficult and risky for most people. But it can be one way to avoid a judgment. Also, if the debt collector has broken the law, usually a lawyer can take the case for free and just get paid how did the proceeds of the lawsuit against the debt collector.
![Texas vs. Florida: What to Do When Debt Collectors Attack [Midland, Portfolio, LVNV, Cache LLC]](http://i.ytimg.com/vi/wpo7ruwu9u8/mqdefault.jpg)
![Texas vs. Florida: What to Do When Debt Collectors Attack [Midland, Portfolio, LVNV, Cache LLC]](/img/tr.png)
I'm studying your videos because I have a lot of credit card debt that I can't pay and I may get sued soon by a debt collector. I can say that you can initially tell the judge that you deny the debt not to lie, but rather to give both sides enough time to really examine the evidence and to come up with any legal defences. Its kindof like pleading not guilty at the first arraignment at a criminal case even if you may think you are guilty of the crime that you are being charged with, and then you proceed to pretrial. I think you should only admit the debt only if you are filing for bankruptcy but not if you are trying to defend yourself.
Avoid mentioning the word “lie” when talking to the judge. I don’t think you meant that, but just in case…
And exactly, it’s like pleading not guilty.
@@RWlawFL really have to be careful what we say to the judge. I know if you defend yourself, you would want to initially deny the debt simply to give both sides enough time to review the evidence and look for any defenses.
i got served papers by the creditor not a debt collector, what is the best move to do?
If you've been served, you need a lawyer right away. Find one in your state. If you're in Florida, call us.
Hi Mike…great video!
Thanks!
Have you dealt with any collections cases with Rausch Sturm LLP law group?
Yes, lots.
What about a medical debt ? My primary insurance paid most and the rest should have been paid by secondary insurance that they refused to collect from instead of filing with secondary instead sold debt to collection and charged me when should not have. What should I do ?
Who's trying to collect from you right now? If insurance should have paid for that, it means they're trying to collect a debt you don't owe. If you're in Florida, that is something we could help you with.
Our interview with Texas lawyer Bill Clanton: ruclips.net/video/wpo7ruwu9u8/видео.html
Thanks for helping, I have a large credit card debt, not small claims. The bank sent notification that the debt has a new servicer. This new servicer then assigned/transferred to LVNV (Plaintiff - who also has same letter).
My answer to the court is that I denied the allegations, the response from court was to go to mediation as the next step, in Colorado it is like an automatic response from the court.
My defense is that it clearly says on the bank notification who the new servicer is and it further states this new servicer may not transfer title to my account to a subsequent transferee. Therefore I do not owe LVNV.
I know I owe the money, but I do not owe LVNV this money, I owe the new servicer. Do I have a good defense?
Should I file motion to dismissed with prejudice and attach this letter that states may not be transferred?
Should I continue with the mediation process, see what LVNV has to say and then explain to mediator what the letter says, then file motion?
Because you’re involved in a large lawsuit in Colorado, you’d be shooting yourself in the foot if you didn’t get the help of a Colorado lawyer. We don’t have anyone specific to recommend but anyone who handles debt defense cases should be able to help you.
I wonder what happens if you get a judgment from a debt collector for $2,000 and they seize you bank account, but you only have $50. Does that mean that you will have a -$1,950 balance in your bank account?
No. They can't "seize" what's not there. They just apply the money towards the balance.
So sad I missed this live 😔
We plan to do more! Hopefully with more notice.
Good video
Thanks!
If They can write off the small Amount of debt and let's say hypothetically That person decides they want to pay it, and they do. Isn't that a double payment? Or it doesn't matter.
They only get paid once, and have to pay taxes on any payment they receive from you.
I got a summons a year and 1/2 ago from Capital One, I am a client of HELPS NON PROFIT LAW FIRM, they are a Law firm that helps seniors who have debt, I was told NOT to answer the summons because "you do owe the debt" I am on SS Benefits and a Pension, HELPS sent the Attorney the letter stating I am on protected income and the Law suit was dropped. You saying "you should show up in court" it's not the same for Seniors who's income is protected, in other words, your judgment proof
What you did that got you the result was to get a lawyer, which is what I recommend to everyone in your situation.
To contact us for help in Florida: ricardolaw.com/contact/
How to defend an Account Stated claim in Florida: ruclips.net/video/M0JHAP1O-1Q/видео.html
Is it OK ? , when you ask collectors.. send me please ON EMAIL validation letter and proof that if I pay 50%, I don't owe you anything.. they say they don't work by EMAIL. isn't it strange? It's 21 century. Then I told them .. ok send it to my address, but they DON'T KNOW my address.. .isn't it strange 🤔? What to do in this situation?( Medical debt , few months old . Collection agency name HRRG, it's our debt for sure, it wa s just confused situation).
Validation is almost always going to come by U.S. mail, although some debt collectors might email you.
If you don't want them to have your physical address then don't ask for validation. Or, hire a lawyer to request validation for you.
Great video attorney, question? isn't it better for someone with no money to hire you to defend them or doesn't have the knowledge themselves to just avoid service altogether? I have seen it work and eventually years go by and the statute of limitations is over, it would be great to hire an attorney but kind of hard if you have no money, your thoughts please sir
Avoiding service is difficult and risky for most people. But it can be one way to avoid a judgment.
Also, if the debt collector has broken the law, usually a lawyer can take the case for free and just get paid how did the proceeds of the lawsuit against the debt collector.
@@RWlawFL How does a consumer know for sure when a debt collector broke the law? Is consultation usually free before opening a case?
Yes, for debt collection violations, our consultation-and the case, if there is one-are both free for Florida residents.