I am in Washington state. A lawyer once told me that I can safely issue the cease and desist order and not worry about being sued. The reason for this is because I am on Social Security disability and it’s not garnishable income. So, even if I lose the case, I still win!
Hey I'm in Florida I'm on social security disability and I have got involved with a debt consolidation company I can't do this I'm dinking like crazy. What do I do
Just because you’re on SS DOESN’T MEAN they can’t place a lien on any property. Also, depending, if they get a judgement they can EXECUTE and TAKE it out of your bank account.
When receiving a letter from a 3rd party debt collector immediately send them a letter back stating they MUST provide you with your original debt document and that ALL future communications MUST be in writing and that they MUST cease all telephonic communications. FDCPA outlines ALL of this.
I did pay a small legit debt that occurred at the time of becoming disabled. It took a while, But I did it. Now I have excellent credit above 800 for over 7 years in a row.
IMO, it depends on the consumers education about law and debt collecting whether they would/should pay to delete negative accounts on their credit report, or whether they would pay a debt collector who sends them a demand for payment. That said, it pays for consumers to listen and learn from the content you and other attorneys provide in your youtube videos. In my personal experience, in 2004 I paid a large amount of $$ to debt collectors so they would NOT ruin my credit, I did this through lack of knowledge about the law and how debt collectors easily violate the FDCPA. Then one day I decided to buy a book from NOLO all about disputing debt and holding debt collectors accountable. Suffice it to say, I no longer pay debt collectors and I will not hesitate to sue them when they violate my rights and the FDCPA. A simple education goes a long way. I will never stop learning.
> it pays for consumers to listen and learn from the content you and other attorneys provide in your youtube videos. Thank you! > I will not hesitate to sue them when they violate my rights and the FDCPA. If more people decided to do this, fewer debt collectors would break the law. > A simple education goes a long way. I will never stop learning. Good for you!
I live in Tennessee. I've always just ignored collections and contact attempts from debt collectors. This was never a problem until I had a card with Bank of America, and I had two local creditors try to collect from me. All 3 went to court against me. One my lawyer was able to get thrown out. One they won a request for garnishment, so I went to my local court and filed a motion to have it setup on a payment plan. Bank of America I ended up settling.
@@RWlawFL Thanks for all your helpful information. Do you know anything about this IRS intercept thing, where certain agencies can request a direct intercept of your tax return and take an amount out of your tax refund that is owed for a traffic ticket? This recently happened to me, despite the fact that I sent a letter to the collector objecting on several grounds, including the fact that the statute of limitations had run out on that debt. They didn't have to sue me to get the funds.
We don't know much about IRS intercepts because they seem to relate mostly to government-based claims. Those aren't covered by the FDCPA and so they're really not related to what we do.
I'm in Georgia. My wife totaled a car we only owned for about a year and a half. The insurance only covered half of the loan and we didn't have gap. I initially made payment arrangements, but then the economy collapsed and rent sky rocketed. They told me to contact them when I'm able to make some sort of payment. Then they immediately sold the debt to a collection agency. I haven't paid anything since and it's now with a second collection company. I rarely hear anything from this collection agency. So I'm kinda ignoring it. I disputed the debt and it stayed in my credit report with a note that it's scheduled to fall off in 2027. My credit score has stayed in the 700s. At this point, I might just wait the time limit.
I love your videos. The one thing that people should be aware of also and if you can talk about this in one of your videos is zombie debts. I had someone contact me telling me that they were hired by the original creditor to sue me for a so called debt that I owed from 15 years ago, but they wouldn’t give out any information like their location just what state that they were in and wouldn’t send a letter of validation when asked. It turned out that they are scammers and prey on people who don’t know their consumer rights. That deeply needs to be addressed
As far as I know.. A Collection Agency can not pursue you for a debt that is over 7 Years old.. It happened to me.. A Debt I had for 9 years.. A Collection Agency came after me for.. But I have not paid them because I know that the debt I owed is out of bounds now..They Haven’t Bothered Me Anymore About It
always interesting watching these videos. The first thing that I would look at is contract law when considering paying out to a debt collector. A debt collector is a 3rd party not privy to the original contract which was arranged. Due to this, the only means to which a debt collector can legally obtain a reimbursement to the debt which they've just purchased, is to make a contract with you. There may be many means to which they may try and strong arm you into making this contract, but when you stick with basic contract law, all of these measures are protected under law. Even if they are to take you to court, the simple response to "why aren't you paying this debt" is .. I have no contract with these people, and there is no judge who can argue against that, as otherwise they will be breaking the law. By stating in court that you have no contract, they have to prove otherwise. Because of the fact that they purchased the debt there is no evidence that there is any contract between yourself and the debt collector.
Unfortunately, this isn’t Correct under Florida law. Any contract can be sold are assigned. Whether you have a contract with a debt collector or not, if they purchased a debt, they have a legal right to come after you. Sometimes it’s difficult to prove that they have purchase a debt, and that is why we get so many cases dismissed. But to come in a quart and say “I don’t have a contract with this debt collector “is just going to get you in trouble. There are a lot of people online who promote this theory because they’re trying to make money off it or because it’s wishful thinking. Unfortunately, people can get hurt if they have the wrong legal ideas. That’s why it’s so important to get accurate legal information before you try to defend yourself in court.
I’m in Florida, dealing with letters and phone calls and I’m so tired of hearing my phone ring almost every 2-3 hours per day INCLUDING WEEKENDS. My goal is to remove negative items (made during COVID) from my credit report to finally bring my score up to 750+ so I can buy a home
Hiring a lawyer is so expensive unless you have a friend or family relative. My times you can negotiate before a bill reaches collections. Especially a medical bill. You can file for financial hardship by writing a letter to the billing dept on the bill Try not to let debts go to collections. Try to resolve before that happens. It will save you a lot of money. Many people including me cannot afford a lawyer
Dealing with debt and looking to improve your credit score in Mississippi can be challenging, but it's definitely achievable. First, ensure that any debts are valid and accurate. You have the right to dispute any inaccuracies on your credit report. Additionally, consider working with a consumer rights attorney in Mississippi who can provide specific guidance on your situation.
I’m in NC. I canceled my service with DISH. I was told I would be charged with partial month service, I expected that, was told to destroy my receiver. I got the email for thr partial month service, I paid it. Next month, they billed me for full month service. Apparently they removed my card from their records. I called and was told I had to pay it as when I paid the partial month, it re-opened my account. I told them this not what I was told. I got nowhere with them. A month later I received a call from them saying I was going to collections, as I owed over $200! I told I canceled ervice. I was told pay thr $200 and they would close the account. Three ,on this later I get letter from collections company. Disputed the bill. Now, another month later anew collections company has “billed” me.
Hey Mike, From California here, I received a debt collection letter from a Debt collector, Stating I owe 4 grand for Car repair for an Accident I was not involved. They said I did not have insurance, I always had insurance from my car. Now they want to suspend my Driver License. Maybe Im a victim of Identity theft. I already sent a dispute letter from your vids. Wish me luck.
If you have car insurance, you'd better give them notice of the claim right now. It might be a scam, or it might be real-either way, that's why you have insurance.
@@RWlawFL I already did, called my insurance about it and also called the insurance they said was their client. They have no idea how they got my info. Guess i’ll wait and see what happens.
I live here in Florida also about sixteen years ago I didn't pay my CC debt it went in to collections. One company was try to collect a payment from me and I almost paid it. But the company called my parents house told them I was rude to them called them a bunch names. But when I was going to agree to the payments over the phone the guy kept telling to speak louder and I think I was being recorded. So I got an attorney and it hold them off for awhile. After about eleven years after that it did show up on my Credit score but it didn't effect on my score at the time I had a 730 score. And I would get mail from other companies trying to collect and that was about three years ago. My girl friend at the time told me not to pay it.
20k business card personally guaranteed, and received debt collectors letter 04:15 fight (dispute) or forget (do nothing) Must add that this card was obtained by a third-party company that specializes in high credit balances, not connected to my LLC, and can't find it on any of my CRs, including business report - Georgia
It sounds like you're in a tricky situation. If the business card was personally guaranteed, you could still be held responsible for the debt, even if it's not showing up on your credit reports. Ignoring the debt collector's letter might lead to further legal action, so it's usually better to address the issue head-on. You should speak with a business attorney in Georgia abut your options and the best course of action.
I have a Debt for a hospital bill that I had insurance to pay (Part A) Medicare and Medicaid for being on social security disability. The Hospital was calling me about the Debt by Voice mail with a recorded message. I called the Hospital 3 times and said please mail me the bill that i owe and to stop calling me (TCPA). Because I haven;t received a bill from them. However they then after telling them I never seen a Bill and I paid 3500 before having the surgery done. They should have seen that I had insurance to cover the (Medical necessary need) for Part A to cover the bill. The Hospital even called my mom and she paid them 1k. However they sent me to a Collector while I was fighting against them. So I told the collector that the bill was being challenged and if (Collector) didn;t want to be stung with the hospital they need to back off. I am in Florida and owe 27k for a 3 hour surgery and I didn't stay the night at the hospital it was an outpatient Surgery
I just found you today and I’d like to thank you for speaking so clearly. Unfortunately I’ve lost most of my hearing but I heard every word you said just like in the good old days. Good job!
I've been sued by Jefferson capital system almost three years ago and I'm still paying. I lost in court unfortunately, I didn't have an attorney present because I'm poor and attorney's are very expensive!!
Or they start calling relatives to embarrass you or put pressure on you for a debt that was attached to a car accident that insurance settled 12 years ago.
I live in Texas. I saw a previous comment about it being illegal for a debt collector to collect a debt when the original creditor never informed you of the debt to begin with. If this is correct, what recourse do I have since the debt collector has already reported this debt to the credit bureau? The debt is mine but I was totally unaware of it until I received the collection letter. I received nothing from the original creditor regarding this debt. I'm trying to buy a house and this has thrown a monkey wrench into the process. I was set to tell them I'm willing to pay up just to get it removed from my credit report. But now I'm not so sure. Any advice is appreciated.
I have an emergency room medical bill that has fallen of my credit report and is more then seven years old and has recently been placed back on my credit report by two separate creditors for the same debt. I have been working on my credit and this has send me way back from when I started, how should I proceed?
If it's more than seven years old, the debt collector has probably already broken the law. If you're in Florida, give us a call today and we can work out a strategy. If not, let me know what state you're in.
Thats right, Cease And Desist letter because most laws state you dont have to do business with 3rd party collection agencies!!! Collection agencies are powerless unless you do what they say. They have no law backing them in Oklahoma and many other states. Its state law in Oklahoma. Check your state's laws!
I can't speak for Oklahoma but federal law allows you to send a C&D to third-party debt collectors. That doesn't mean you can stop them from suing you. In Florida, that's where we come in and turn the tables.
I live in Ohio, Ive been getting phone calls and I got a letter. I am most certain this is related to my hospital and medical bills, which I have been paying monthly, to the hospital. One bill is from 2019. I had a verbal agreement over the phone to pay "x" amount per month, and I kept up on my end of deal.
I’m in Georgia and have been sued for credit card debt. I negotiated with them to settle and paid that amount in Nov 29 2023. The court had set a date of Jan 22, 2024 for me to appear. They have not dismissed the case. I sent the letter from them that my balance is $0 to the court mediation person requesting the court date be canceled. The court notified me I cannot cancel the case. The collection agent says they began dismissal on Jan 4,2024 but it has not yet been filed with the court. What can I do? They have sent a letter about another card , no suit just a letter less than 30 days old. I am filing the cease and desist form but need to address the first issue now. I am SO grateful for your video and help.
@@RWlawFL Thanks for the response. However I got a copy of the dismissal letter yesterday in the mail(Saturday). It is addressed to the clerk and appears to be a copy of what was sent to the court. I am supposed to be in court tomorrow at 9am? Do I still have to go??
Florida here, I got sick, got laid off while in hospital, Disabled, lost home had to move to Florida . Trying to get SSID, been denied once already, sued from creditors for inability to pay. I'm also a disabled veteran , only receive disability from VA. Don't want them to try to take my disability away because it the only income I have. currently staying with family, to avoid homelessness.
I am dealing with an incompetent law firm. They garnished my wages for a stupid $800, my HR has been holding it for 6 months, i have informed the law firm how to address my HR to get their money, but instead they filed another Writ with the Court.
If you are paying a debt collector that bought your debt from the original so-called "creditor", that "creditor" has to provide you the copy B of the 1099C that should have been submitted for a tax wright-off. If it has not been provided, tell them that you will file one on their behalf, this will result in penalties, fines, and/or fee(s) from the IRS for failure to file. Also, that original creditor has to properly transfer the 'holder in due course' to the next third party to collect your debt. That third party then needs to inform you of your consumer rights, full disclosure... etc.
Creditors only issue a 1099C if the debt is forgiven. They do not issue it for a charge-off, which is merely an accounting device. But if they did file one with the IRS, they were required to give a copy to you, so you should already have one in your file.
@@RWlawFL So am I comprehending this correctly, the creditors can sell the debt as a tax wright-off and have the leisure to forgive the debt if they feel like it?
They can't have their cake and eat it too. They either send it to collections, and try to collect it, or they forgive some or all of it it and issue a 1099-C.
@@RWlawFL Weren't the original creditors the debt collector prior to sending it to collections? I'm trying to understand your explanation here since you're saying that a bank won't issue a 1099C yet have the ability to send it to a 3rd party for collections? To be clear, the amount has to be more than $600 to issue a 1099C. So it sounds like this is wrong as it states "any person" 15 U.S. Code § 1692a - Definitions - (6)The term “debt collector” means any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. Notwithstanding the exclusion provided by clause (F) of the last sentence of this paragraph, the term includes any creditor who, in the process of collecting his own debts, uses any name other than his own which would indicate that a third person is collecting or attempting to collect such debts.
> Weren't the original creditors the debt collector prior to sending it to collections? No, not under the FDCPA. > bank won't issue a 1099C yet have the ability to send it to a 3rd party for collections They can't issue a 1099-C unless they've forgiven debt. A charge-off is not forgiveness. > So it sounds like this is wrong as it states "any person" Look again. The debt collector must be collecting "debts owed or due or asserted to be owed or due another." Creditors collecting their own debts are not "debt collectors" under the law except in some very rare situations listed in the rest of 1692a.
It’ll stay in your credit score for 7 years and applying for anything will show it. If you don’t care getting denied anything then just wait for 7 years. I did on a medical bill which we didn’t get good service at all so we didn’t pay. It fell off after 7 years.
I had open heart surgery a little over a year ago. My wife and I are in our 70's. I had medicare A, but not B. So Medicare paid $350k, but left me owing $170k. We live on social security and a $150 a month small pension. We own our home free and clear. My friend who actually used to work in the operating room at the hospital said that we could probably ignore it, because that sort of thing is factored into the pricing system at the hospital. We have no debt and really don't care about our credit score (though I care enough to know it is over 800. It's still in the hospital's "internal" collection department. I'm tempted to ignore it. I don't care about phone calls and letters. I have a delete button and a garbage can. BTW, we now have Medicare B, which now reduces our income by another $500 or so a month. If we had had it at the time we'd owe almost nothing.
Yesterday, a collection agency called me over 86$, and they said I owed it from 2 years ago from a toll road. There's nothing on my credit in collections. I'm in Texas. Should i just ignore them?
You'll need to speak to someone about Texas law. Also, none of the consumer law remedies we talk about here are likely to apply to toll roads or traffic infractions.
The hospital keeps suing me and garnishing me in montana gave me saline and sent me home now im getting garnished twice each check last time they took every cent i had
So I am experiencing a range of different issues regarding collections. So I just wanted to start with this question. What if you receive a letter from a debt collector requesting for you to pay a debt that has already been paid, but you no longer have any proof of the debt being paid because it was so long ago?
I received a summons from attorney office representing original creditor and am thinking if I should respond with answer or not cause I believe I am judgement proof. If I respond and also request validation of debt at the same time (did not request at the initial contact prior), are they obligated to still provide validation within 5 days? In California. Thanks
I thank them for paying and settling my debt I do not have a contract with them I had a contract with original creditor they paid the loan when they purchased the debt I thank them for paying the debt
What do you do in Pennsylvania, when you have a judgement on the creditor’s favor, and you are working with a debt settlement agency. All the offers they have sent to the agency do not work for me they basically want a lump sum of everything owed. What can I do next to resolve that issue outside of the debt settlement agency? I called the creditor to see if we could work something out and they said it was deemed uncollectible and I should talk to the agency.. nothing is working out, what are my rights ? I stopped paying that credit card a year and half ago here in Pennsylvania. Any ideas? Thoughts?
I don’t know about the Pennsylvania part, but once you get tangled up with debt settlement companies, it can be very, very difficult to undo the damage. I don’t have any idea what to recommend you at this point.
I live in Texas have a debt collector/law firm who first sent me a letter on April 14th with a form on either disputing the debt or paying the debt. The debt collector then called me on April 17, they tried to take payment on the first call and I just denied the debt. The debt in question was a 20k loan from last year that I never made a payment on which has been closed/written off. They sent me some supporting documents for a "debt validation" on the 19th and now im not sure how I want to tackle this. So far I've received a few phone calls from them since the first one. What I want to do is get this off my credit, but this item that's affecting my credit is coming from the original creditor not the debt collector itself so I doubt that paying them would even do anything for my credit.
You are right, paying off the debt after it's become a CO, will have less of a negative effect on your FICO than not paying it at all (you could get sued), but it will still be a black mark on your credit report until the statute of limitation. BTW, setting up a "payment plan" will re-start the clock for the statute of limitation.
Im helping a family member that had 5 collection accounts. He wants to improve his credit score for a future loan he wants to get. He already started calling the debt collector companies to negotiate reduced settlements. Do you think he should follow this path for all 5 or duspute them with the credit bureaus? Also, is it better to pay higher settlements for a delete agreement? Thanks
What about medical debt? We recently got a 1000+ hospital bill that we couldn't pay then forgot about because we're going through alot of stress with health issues atm with cancer etc, we got a letter in the mail from a collector trying to get payment on behalf of the ambulance service etc. Could we contact the hospital that originally had the bill first and try paying them instead? We cannot deal with this added stress of possible lawsuits and court. Plus we're disabled etc.
Sorry to hear about your cancer and other medical issues. You might try to contact the hospital, but they might no longer own the debt. For medical debt, I always would want to check: 1. Was this supposed to be covered by insurance? 2. Was I provided all the services they billed me for? 3. Is there some forgiveness program this debt qualifies for? 4. Has the debt collector broken the law in some other way?
i live in new jersey and i have a bankruptcy. being held up by john deere . the payoff for the piece of equiptment was 12000 dollars their lawyers are fighting me for a non dischargeable dept . the laywers have raised the debt to 16000 and going up by the day. my attorney says i cannot win in court to sign a letter of nondischargeble debt, to stop the rize in the dept do to the attorney fees. what can i do. i need help.
I have 2 collections from LVNV funding that were literally resold to another collection agency called resurgent capital services. Is that allowed , does the collection clock of seven years restart and what are the laws?
LVNV and Resurgent are affiliated companies that share ownership so they're just moving htings around internally. The seven year clock is a limit on reporting, not collecting. Any limit on collecting would be a state-based statute of limitations. If you're in Florida, give us a call right away.
Suppose your wife died after being in a hospital for months, she was not on my insurance, her name was not on the deed, we had no joint accounts not any joint credit cards. What happens to the hospital debt?
In Florida, any debt could be claimed from the estate after she passed. If the estate doesn't have enough assets to satisfy the debt, they would not be able to pursue anyone else for it, unless someone agreed to be responsible.
I’m in NJ and I’m being forced the abandon an apartment lease due to job reasons but my landlord is abusive and was trying her best to stop me from moving out. I have moved out and am trying to give the keys to them but they refuse any packages sent by me. Now they’re sending my past due rent into collections. Can they keep sending every months rent to collections? Is this debt treated the same in collections as any other debt?
I'm in KS. I am 58yo. My only income is SSDI ($1,700) and a small monthly pension ($300). I have a credit card debt of $25K. This amount is spread out over 5-6 cards. I am judgement proof. Some balances I can handle (under $1K) and some I cannot (over $4K). I have not paid on the larger balances for about 2-3 months now. Should I default on ALL of my cards or just the big balance ones? When should I send a 'judgement proof' letter? When the debt goes to collection agencies? Wait and see if I get sued and THEN send them the judgement proof letter? I don't answer unknown phone numbers. They are calling me, snail-mailing me, emailing me. I haven't read any of the former yet. Thank you. PS: I love your videos!
Glad you like the videos! We typically don't send so-called "judgment proof" letters. And we do not generally advise anyone to ever default on purpose. Have you spoken to any Kansas lawyers about your issue?
Had a 24k utility debt in NY from Eastern Account systems. I was able to negotiate the balance down to to 50% but the qorst part was it wasnt my debt but i had to cover for the person whos it was. Now that i just paid the 50% off it will show as settled for less on the credit report. Will it still disappear at the alloted time and can i reqeust a delete from the credit agency showing it was paid?
Dealing with someone else’s debt is always a tough situation, and it's good to hear you were able to negotiate the balance down. Regarding your questions: • Credit Reporting: When a debt is marked as "settled for less" on your credit report, it indicates that you didn't pay the full amount, which can still have a negative impact on your credit score. However, it will still fall off your credit report after the allotted time, typically seven years from the date of the first delinquency. • Requesting Deletion: You can request a goodwill deletion from the credit reporting agencies, explaining the situation and that you've now settled the debt. While they are not obligated to remove it, sometimes they might as a gesture of goodwill, especially if you have a good credit history otherwise. But it's always best to negotiate a "pay for delete" BEFORE you pay any money, and to get that agreement in writing. • Other Deletion: If a debt collector makes any false report on a credit report, that's a violation of the FDCPA, and you can sue them for that violation. If it's not your debt, then it would be a false report for them to report it on your credit.
Ok I am getting sued by debt collector, can I negotiate with them on amount plus delete from credit report. I want to settle this before court date. I live in Florida
Ok so I contacted Ricardo & Wasylik and I have never been so happy to contact a lawyer. They took my case and not only did they get this resolved with no monies owed but they also had the item removed from my credit report. Everyone that I spoke and had interaction with was very kind and helpful. I highly recommend them with full confidence that they will achieve the best results possible for you!
A lot of this depends on the state you live in, it’s all different from state to state, in some states they can garnish your wages like in Texas they can’t touch your paycheck
Good afternoon. This is just for reflection, but here in the UK we have some established laws that offer protection. The Bills of Exchange Act section 23 almost certainly stipulates that there would need to be a signed contract between us and the collector. We have entered into no contract (this is like the theory you refer to), but the bill, from 1882 seems quite clear. We also have a Statute Barred Debt situation which means that if they haven’t got you in six years, they have taken too long. I think that the theory is helpful. Even the academic literature discusses the difficulties of a third party extracting money from you. When they buy the debt, and with it, personal data, this appears to be a breach of data protection law. In court they would have to prove that you owed them money. Presumably a photocopy of a document would be insufficient. Black’s Law Dictionary is a reference tool that defines terms like Proof and Verification and these are more demanding than what most collectors would be able to do. Cheers Peter
Im getting sued for credit card debt by US Bank and discover etc. i filed answers denying everything now case is being transferred to arbitration. What should I expect next and do can you recommend an attorney in southern Oregon?
I have been finding collection threat actions from a lawyer, then a different law firm and so on. It's for some payday loan place I never heard of. Then I looked at list the company alias loan places and I recognized one I did apply for but never received. Oh and all the emails were in spam. Can they garnish if I'm on social security? I am dealing also with long term identity theft
Hi. I wonder what happens if they take you to court and they win and let’s say they sat payments and you still do not pay the payments? And if you have no income, or property, what happens than?
In Florida, if someone wins a lawsuit, they get a judgment against you. Then they get to investigate all your finances-copies of all your bank statements, tax returns, and so on-until they find something they can take from you. They don't always find something, but having to let them look is usually pretty unpleasant.
I m from CALIFORNIA. My mom 88 yrs old was told by the Solar panel salesman company that she didn’t have to pay for the solar panels because it was a county project. Then 2 yrs later she got a ltr from a lawyer stating she owes $36,000 . This was in 2021 but this solar co was bought by another company and now this a collection company is calling her. What she should do? Thank you
I hate solar panel companies. They’re just scum who prey on the elderly. Lots of lawyers handle this type of fraud, and I’m sure there’s one near you in California.
my question is that i live in alabama, i recently had a fluke accident and broke my ankle, i had to have surgery so i could walk again. my issue is medical debt. i do not have any income nor do i have any insurance. i have no assets what should i do?
So far I am only dealing with letters and phones calls for a medical debt from 2022 and I'd like to a. settle for as less as possible and b. prevent it from getting on my credit report. I am in Iowa.
Hello, I live in California last February I was in the hospital for a life-threatening condition, was making small payments, but they sent me to collections anyway, i’m going to call them and make a very low offer to pay it off, the doctor gave me a 30% chance of being alive in 10 years from last February. If they say no, what should I do?
I applied for ASU masters degree, then before the lessons started I transferred to another university. After a year I received letters from ASU that I owe them $1330 for health insurance that I didn’t even receive insurance card. I called and wrote emails stating that I didn’t even start school nor enrolled classes, answers took couple of months. Then I started receiving mails and calls from debt collectors. I explained them the situation they said they would send proof of my debts, then disappeared. What should I do? I don’t want to pay for the mistake of university for not canceling it when I withdrew.
I was on a debt settlement program several years ago. One of the creditors negotiated and agreed to a settlement offer. Payments were successfully completed in full. When I ended the program, the same creditor filed a lawsuit seeking a judgment for the remaining balance although they entered into an agreement. Is this ethical?
Question,, I live on Social Security as my only source of income , had to move from the United States to a Third World country in Asia years ago because I couldn’t afford to live in the United States, well now because of worldwide inflation it’s gotten to the point to where I’ve had to use my credit cards to assist my Social Security just to be able to live, pretty much basic needs in life, food ,shelter, helping out with utilities, typical small monthly bills that come up.. my question is if I have to file chapter 7, bankruptcy on all this unsecured debt that I may be unable to pay will I have to pay for a $2000 airline ticket back to the United States to see a bankruptcy attorney or could I file from over here in Asia where I live so that I could avoid an airline ticket and hotel stay and any other expenses that would come with that trip?
If you are now living in a Third World country, and don’t have any assets back here at home, there’s probably not much they can do to you. And there’s probably not much reason you’d want to file a chapter 7.
I live in Cali. I have been paying the hospital my hospital bill, they said that i had to pay off less than 9 months. I paid every month, on time and still sent it to collection still had 2 months left bc i didn't call them every month. No one told me that I had to call every month? and the collection company would not take off the interest even though i paid it, I wish i knew before i paid the hospital. I had like $278 left over. if i'm gonna get a ding on my credit, i might as well have just not paid at all!!!shoot!!!
I have 2 accounts that I never remember that I did it, collection agency have the 2 accounts on my credit report. I believe its not mine . what I should do? what is the 1st step to do? the original creditor have no info about those accounts, I called them a lot of time but they say we have zero information about your name . should i despite it?or I send validation letter to the collection agency ? thank you for your time.
Check out our Debt Collection Battle Plan video. If the credit report tells you who the debt collector is, (it should!) you can send that debt collector a dispute letter. Send it Certified Mail, Return Receipt Requested. (Get the green card back!) Once they got your letter, look again at your credit report. See if they reported again, after getting your letter. If they don't list it as "disputed" they're breaking the law. That gives you leverage.
Why is the time limit for debt collection in Massachusetts also 20k for student loan do I have to pay that when I am a senior citizen I’m 62 years old now and living on retirement from the usps any help would be greatly appreciated Dennis
I really can’t answer questions about Massachusetts since I’m not licensed there but there are probably lawyers in your area who specialize in student loans.
In Florida, even if you are sued, how can a debt collector force you to pay in you are "head of household" and have nominally disposable income. Are you exempt from wage garnishment? Furthermore, if your home and car are jointly owned with a spouse and the debt is in your name alone, they can not even put a lien on your property. Correct?
A judgment lasts twenty years and can be renewed. That means that they'll just wait until you're no longer head of household, no longer hold your vehicles jointly, and no longer qualify for other exemptions. And every time you get a new job, they'll try to garnish your new wages-exposing your situation to your new boss-and make you prove once again that you qualify for an exemption. In addition, they can periodically-usually about once a year-make you fill out a detailed questionnaire about your finances, and if you fail to respond or fail to give complete and truthful disclosures, they'll ask the judge to hold you in contempt of court. Also, for the twenty-plus years that judgment is sitting there, you can't get a home loan. You might not be able to get a car loan-at least not one you'd want. It will show up every time you apply for anything financial or sensitive. For some people, none of this matters. For most of the people I talk to, it's better to stop the problem as soon as you can. Check out our Debt Collection Battle Plan video for more information.
I had a debt that happened some years ago back in 2015 and the debt collection company continues to renew it even though I have not reached out to them haven’t talked to them haven’t done anything but it’s still showing active on my credit report
I live in Florida and am currently disputing a medical debt (I have med insurance but they decided not to pay) I’m receiving numerous bills and I’ve been calling them explaining it’s in appeal. My worry is if I end up responsible for this large debt, can my NY pension be garnished? Currently my only source of income. Thanks!
I am in Virginia. I have a payday loan with Net Credit. I am behind. They have the inflated amount on my credit report. These loans are illegal in Virginia. The amount is hurting my debt to income ratio. Experian will not take this off of my credit report. Do I have any options? Thank You in advance Kathy Jackson
I don't know Virginia law about payday loans but if you're right about the loan being illegal you should definitely talk to a lawyer ASAP who handles this type of case in your state.
I was willing to try to pay mines if they would’ve been willing to settle for less. I understand they don’t have to but still. I just hit the 2 year mark so at this point I don’t care because I’ve still been able to raise my credit score.
I am in Florida, have a collection on credit report. Called the colector to pay full amount in leud of a deleting on credit report. Colector says no longer has this debt. How to get this off my report? Is A 4 year old collection, $3,000
I live in FL. I have a hospital bill that was sent to collections by MediCredit. It was a bill that we never paid. I have a "verification latter" from them with a itemized bill from the hospital. Not sure what we can do next. Validation letter or what?
It's not the first thing I'd try because there's a low chance they'll accept the offer. Check out our recent Debt Collection Battle Plan video for more ideas.
I have portfolio bothering me harassing my phone every single day , i never pick up but I’m working on it getting them out the way , I don’t have a contract stating i owe a debt to them nor they can’t provide any info on me , once your information is sold over is there a great chance of not paying anything back ?? Since your consumer rights been violated?
It's ALWAYS a necessity to have them prove the debt to you, ask them questions like. "Who is this debt for?" "How much is the debt?" "What date did this occur" Ect... The number of times "Debt collectors" Have called me and demanded payment before even introducing themselves is stupid. Most of those were scams, CONFIRM the debt is legit first before doing what the video says :)
Every state has different laws about service, but if they don’t know where you are, it's hard for them to obey the law requiring them to sue you where you live.
Can I call them and ask if what they sent me is valid? Or do I have to write them? My insurance said I’d be passed to collections and I just got a letter from them.
pleasure watching your video I really learned a lot, yet I have some questions regarding my situation. I've recently received a call from a collector about a 2012 student loan that I had no knowledge of, but then she proceeds to tell me that she has a signed promissory note (my signature) so I told her to send it to me. (she said, "30-45 days before I receive the mail") I was under the impression that all of my debt was cleared because I applied for the Total and Permanent disability discharge. (I checked my credit report no student debt!)
I live in Texas, and had a car repo a little over a year ago. And just got a debt collection citation. Saying (You have been sued) Can they levy my bank account?
I have debts that the last payments were in 2018. State of PA has four year statue of limitations so now in 2024, getting phone calls from MCM trying to collect those debts. Can i tell them that debt is over, not going to pay them as statue of limitations is over in 2022. Will i reset the debt in talking to them or confirming that i am that person on the debt
![We TEAR APART a debt collector lawsuit [Midland Credit Management]](http://i.ytimg.com/vi/ZyYx7L1EKmc/mqdefault.jpg)
![We TEAR APART a debt collector lawsuit [Midland Credit Management]](/img/tr.png)
![How much time do debt collectors have to sue you? [statute of limitations]](http://i.ytimg.com/vi/TeK09B6IVBo/mqdefault.jpg)
![It's GOOD to get sued in 2024-find out why! [Midland, Portfolio, LVNV, Cache LLC]](/img/1.gif)
I am in Washington state. A lawyer once told me that I can safely issue the cease and desist order and not worry about being sued. The reason for this is because I am on Social Security disability and it’s not garnishable income. So, even if I lose the case, I still win!
I hope that lawyer is also familiar with the FDCPA so you can sue if they break the law.
Hey I'm in Florida I'm on social security disability and I have got involved with a debt consolidation company I can't do this I'm dinking like crazy. What do I do
What is your goal?
Just because you’re on SS DOESN’T MEAN they can’t place a lien on any property. Also, depending, if they get a judgement they can EXECUTE and TAKE it out of your bank account.
When receiving a letter from a 3rd party debt collector immediately send them a letter back stating they MUST provide you with your original debt document and that ALL future communications MUST be in writing and that they MUST cease all telephonic communications. FDCPA outlines ALL of this.
I did pay a small legit debt that occurred at the time of becoming disabled. It took a while, But I did it. Now I have excellent credit above 800 for over 7 years in a row.
Congrats!
IMO, it depends on the consumers education about law and debt collecting whether they would/should pay to delete negative accounts on their credit report, or whether they would pay a debt collector who sends them a demand for payment. That said, it pays for consumers to listen and learn from the content you and other attorneys provide in your youtube videos. In my personal experience, in 2004 I paid a large amount of $$ to debt collectors so they would NOT ruin my credit, I did this through lack of knowledge about the law and how debt collectors easily violate the FDCPA. Then one day I decided to buy a book from NOLO all about disputing debt and holding debt collectors accountable. Suffice it to say, I no longer pay debt collectors and I will not hesitate to sue them when they violate my rights and the FDCPA. A simple education goes a long way. I will never stop learning.
> it pays for consumers to listen and learn from the content you and other attorneys provide in your youtube videos.
Thank you!
> I will not hesitate to sue them when they violate my rights and the FDCPA.
If more people decided to do this, fewer debt collectors would break the law.
> A simple education goes a long way. I will never stop learning.
Good for you!
This channel is definitely providing informative and accurate information.
Glad you like it!
I live in Tennessee. I've always just ignored collections and contact attempts from debt collectors. This was never a problem until I had a card with Bank of America, and I had two local creditors try to collect from me. All 3 went to court against me. One my lawyer was able to get thrown out. One they won a request for garnishment, so I went to my local court and filed a motion to have it setup on a payment plan. Bank of America I ended up settling.
Getting sued can be a good thing (your first lawsuit) or end up badly (garnishment) or somewhere in the middle (payment plan).
@@RWlawFL Thanks for all your helpful information. Do you know anything about this IRS intercept thing, where certain agencies can request a direct intercept of your tax return and take an amount out of your tax refund that is owed for a traffic ticket? This recently happened to me, despite the fact that I sent a letter to the collector objecting on several grounds, including the fact that the statute of limitations had run out on that debt. They didn't have to sue me to get the funds.
We don't know much about IRS intercepts because they seem to relate mostly to government-based claims. Those aren't covered by the FDCPA and so they're really not related to what we do.
I am from India,. Is this applicabe in India?
Everything we talk about on this channel is USA only, based on US law. I doubt any of it would be useful in India.
In Florida, Just called and left a message for a call back. Will keep you guys posted.
Looking forward to speaking with you!
I'm in Georgia. My wife totaled a car we only owned for about a year and a half. The insurance only covered half of the loan and we didn't have gap. I initially made payment arrangements, but then the economy collapsed and rent sky rocketed. They told me to contact them when I'm able to make some sort of payment. Then they immediately sold the debt to a collection agency. I haven't paid anything since and it's now with a second collection company. I rarely hear anything from this collection agency. So I'm kinda ignoring it. I disputed the debt and it stayed in my credit report with a note that it's scheduled to fall off in 2027. My credit score has stayed in the 700s. At this point, I might just wait the time limit.
That's one option.
I love your videos. The one thing that people should be aware of also and if you can talk about this in one of your videos is zombie debts. I had someone contact me telling me that they were hired by the original creditor to sue me for a so called debt that I owed from 15 years ago, but they wouldn’t give out any information like their location just what state that they were in and wouldn’t send a letter of validation when asked. It turned out that they are scammers and prey on people who don’t know their consumer rights. That deeply needs to be addressed
We talk about time limits in other videos, and scamming is definitely illegal.
The real problem is catching the scammers.
As far as I know.. A Collection Agency can not pursue you for a debt that is over 7 Years old.. It happened to me.. A Debt I had for 9 years.. A Collection Agency came after me for.. But I have not paid them because I know that the debt I owed is out of bounds now..They Haven’t Bothered Me Anymore About It
I can’t get enough of your content! 😆
Glad you like it!
always interesting watching these videos. The first thing that I would look at is contract law when considering paying out to a debt collector. A debt collector is a 3rd party not privy to the original contract which was arranged. Due to this, the only means to which a debt collector can legally obtain a reimbursement to the debt which they've just purchased, is to make a contract with you.
There may be many means to which they may try and strong arm you into making this contract, but when you stick with basic contract law, all of these measures are protected under law. Even if they are to take you to court, the simple response to "why aren't you paying this debt" is .. I have no contract with these people, and there is no judge who can argue against that, as otherwise they will be breaking the law.
By stating in court that you have no contract, they have to prove otherwise. Because of the fact that they purchased the debt there is no evidence that there is any contract between yourself and the debt collector.
Unfortunately, this isn’t Correct under Florida law.
Any contract can be sold are assigned. Whether you have a contract with a debt collector or not, if they purchased a debt, they have a legal right to come after you.
Sometimes it’s difficult to prove that they have purchase a debt, and that is why we get so many cases dismissed. But to come in a quart and say “I don’t have a contract with this debt collector “is just going to get you in trouble.
There are a lot of people online who promote this theory because they’re trying to make money off it or because it’s wishful thinking. Unfortunately, people can get hurt if they have the wrong legal ideas.
That’s why it’s so important to get accurate legal information before you try to defend yourself in court.
Thank you for sharing your knowledge.
You’re welcome.
I’m in Florida, dealing with letters and phone calls and I’m so tired of hearing my phone ring almost every 2-3 hours per day INCLUDING WEEKENDS. My goal is to remove negative items (made during COVID) from my credit report to finally bring my score up to 750+ so I can buy a home
Call us today.
Hiring a lawyer is so expensive unless you have a friend or family relative. My times you can negotiate before a bill reaches collections.
Especially a medical bill. You can file for financial hardship by writing a letter to the billing dept on the bill
Try not to let debts go to collections. Try to resolve before that happens. It will save you a lot of money. Many people including me cannot afford a lawyer
I've got great news for you.
The lawyer is free: ruclips.net/user/postUgkxACHB4abWDwc4bBhIeYUE7QKWaZ98AXSO
In MO, I had old credit card debt that got charged off and is reporting through my report from collectors as “active”
A debt collector reporting false information to the credit bureaus is violating the FDCPA, section §6192e (8)
I bought furniture at 22 for $600. Made minimum payment for a year and still owed $657. Stopped paying immediately. Ruin my credit score. I’ll live.
Well, that's one approach. Not one we usually recommend.
Dealing with all three in the state of Mississippi wanting to clear the debt and improve score
Dealing with debt and looking to improve your credit score in Mississippi can be challenging, but it's definitely achievable. First, ensure that any debts are valid and accurate. You have the right to dispute any inaccuracies on your credit report. Additionally, consider working with a consumer rights attorney in Mississippi who can provide specific guidance on your situation.
I’m in NC. I canceled my service with DISH. I was told I would be charged with partial month service, I expected that, was told to destroy my receiver. I got the email for thr partial month service, I paid it. Next month, they billed me for full month service. Apparently they removed my card from their records. I called and was told I had to pay it as when I paid the partial month, it re-opened my account. I told them this not what I was told. I got nowhere with them. A month later I received a call from them saying I was going to collections, as I owed over $200! I told I canceled ervice. I was told pay thr $200 and they would close the account. Three ,on this later I get letter from collections company. Disputed the bill. Now, another month later anew collections company has “billed” me.
In Florida, we’ve sued TV providers for stuff like this and their debt collectors, too.
“Never” negative energy
“Pay” negative energy
“Always Receive” positive energy
You might enjoy our extremely positive videos about how to "Make Them Pay You"!
ruclips.net/video/KGBxlwKZ3Ro/видео.html
Definitely the best in the business as far as I'm concerned. Hope you guys have a happy holiday!!
Earl, thanks a bunch! We hope you have a great Thanksgiving.
Hey Mike, From California here, I received a debt collection letter from a Debt collector, Stating I owe 4 grand for Car repair for an Accident I was not involved. They said I did not have insurance, I always had insurance from my car. Now they want to suspend my Driver License. Maybe Im a victim of Identity theft. I already sent a dispute letter from your vids. Wish me luck.
If you have car insurance, you'd better give them notice of the claim right now. It might be a scam, or it might be real-either way, that's why you have insurance.
@@RWlawFL I already did, called my insurance about it and also called the insurance they said was their client. They have no idea how they got my info. Guess i’ll wait and see what happens.
I hope they're able to take care of it for you. That's what insurance is for.
This chap is correct, the other option which I propose is do not use credit, and sue when invalid actions come against you. win , win.
Glad you liked it! Also, check out our Debt Collection Battle Plan video.
Thank you for this video. Very, very helpful.
Glad it was helpful!
I live here in Florida also about sixteen years ago I didn't pay my CC debt it went in to collections. One company was try to collect a payment from me and I almost paid it. But the company called my parents house told them I was rude to them called them a bunch names. But when I was going to agree to the payments over the phone the guy kept telling to speak louder and I think I was being recorded. So I got an attorney and it hold them off for awhile. After about eleven years after that it did show up on my Credit score but it didn't effect on my score at the time I had a 730 score. And I would get mail from other companies trying to collect and that was about three years ago. My girl friend at the time told me not to pay it.
Smart move, getting a lawyer.
Glad it all worked out.
20k business card personally guaranteed, and received debt collectors letter
04:15 fight (dispute) or forget (do nothing)
Must add that this card was obtained by a third-party company that specializes in high credit balances, not connected to my LLC, and can't find it on any of my CRs, including business report - Georgia
It sounds like you're in a tricky situation. If the business card was personally guaranteed, you could still be held responsible for the debt, even if it's not showing up on your credit reports. Ignoring the debt collector's letter might lead to further legal action, so it's usually better to address the issue head-on. You should speak with a business attorney in Georgia abut your options and the best course of action.
I have a Debt for a hospital bill that I had insurance to pay (Part A) Medicare and Medicaid for being on social security disability. The Hospital was calling me about the Debt by Voice mail with a recorded message. I called the Hospital 3 times and said please mail me the bill that i owe and to stop calling me (TCPA). Because I haven;t received a bill from them. However they then after telling them I never seen a Bill and I paid 3500 before having the surgery done. They should have seen that I had insurance to cover the (Medical necessary need) for Part A to cover the bill. The Hospital even called my mom and she paid them 1k. However they sent me to a Collector while I was fighting against them. So I told the collector that the bill was being challenged and if (Collector) didn;t want to be stung with the hospital they need to back off. I am in Florida and owe 27k for a 3 hour surgery and I didn't stay the night at the hospital it was an outpatient Surgery
I just found you today and I’d like to thank you for speaking so clearly. Unfortunately I’ve lost most of my hearing but I heard every word you said just like in the good old days. Good job!
I’m glad you’re enjoying.
I've been sued by Jefferson capital system almost three years ago and I'm still paying.
I lost in court unfortunately, I didn't have an attorney present because I'm poor and attorney's are very expensive!!
Attorneys are cheaper - much cheaper - than losing.
Or they start calling relatives to embarrass you or put pressure on you for a debt that was attached to a car accident that insurance settled 12 years ago.
Yeah, they can’t do that. We’d sue a debt collector for that.
I live in Texas. I saw a previous comment about it being illegal for a debt collector to collect a debt when the original creditor never informed you of the debt to begin with. If this is correct, what recourse do I have since the debt collector has already reported this debt to the credit bureau? The debt is mine but I was totally unaware of it until I received the collection letter. I received nothing from the original creditor regarding this debt. I'm trying to buy a house and this has thrown a monkey wrench into the process. I was set to tell them I'm willing to pay up just to get it removed from my credit report. But now I'm not so sure. Any advice is appreciated.
In Texas, lawyers Bill Clanton and Daniel Ciment can tell you what you can do next to protect your rights.
I have an emergency room medical bill that has fallen of my credit report and is more then seven years old and has recently been placed back on my credit report by two separate creditors for the same debt. I have been working on my credit and this has send me way back from when I started, how should I proceed?
If it's more than seven years old, the debt collector has probably already broken the law.
If you're in Florida, give us a call today and we can work out a strategy.
If not, let me know what state you're in.
Thats right, Cease And Desist letter because most laws state you dont have to do business with 3rd party collection agencies!!! Collection agencies are powerless unless you do what they say. They have no law backing them in Oklahoma and many other states. Its state law in Oklahoma. Check your state's laws!
I can't speak for Oklahoma but federal law allows you to send a C&D to third-party debt collectors.
That doesn't mean you can stop them from suing you. In Florida, that's where we come in and turn the tables.
I live in Ohio, Ive been getting phone calls and I got a letter. I am most certain this is related to my hospital and medical bills, which I have been paying monthly, to the hospital. One bill is from 2019. I had a verbal agreement over the phone to pay "x" amount per month, and I kept up on my end of deal.
Sounds like they might be violating federal law. Save all your phone records and voice mails, and see if you can find a lawyer to review them for you.
I’m in Georgia and have been sued for credit card debt. I negotiated with them to settle and paid that amount in Nov 29 2023. The court had set a date of Jan 22, 2024 for me to appear. They have not dismissed the case. I sent the letter from them that my balance is $0 to the court mediation person requesting the court date be canceled. The court notified me I cannot cancel the case. The collection agent says they began dismissal on Jan 4,2024 but it has not yet been filed with the court. What can I do? They have sent a letter about another card , no suit just a letter less than 30 days old. I am filing the cease and desist form but need to address the first issue now. I am SO grateful for your video and help.
Talk to Georgia lawyer Steve Koval.
@@RWlawFL
Thanks for the response. However I got a copy of the dismissal letter yesterday in the mail(Saturday). It is addressed to the clerk and appears to be a copy of what was sent to the court. I am supposed to be in court tomorrow at 9am? Do I still have to go??
I can't tell you how Georgia handles this, but in Florida, once a case is dismissed, court hearings would stop. Check with the clerk if you can.
Florida here, I got sick, got laid off while in hospital, Disabled, lost home had to move to Florida . Trying to get SSID, been denied once already, sued from creditors for inability to pay. I'm also a disabled veteran , only receive disability from VA. Don't want them to try to take my disability away because it the only income I have. currently staying with family, to avoid homelessness.
They almost certainly can't take away your disability.
What, if anything, are they threatening you with?
I am dealing with an incompetent law firm. They garnished my wages for a stupid $800, my HR has been holding it for 6 months, i have informed the law firm how to address my HR to get their money, but instead they filed another Writ with the Court.
That's very strange. Have you told this to the court?
If you are paying a debt collector that bought your debt from the original so-called "creditor", that "creditor" has to provide you the copy B of the 1099C that should have been submitted for a tax wright-off. If it has not been provided, tell them that you will file one on their behalf, this will result in penalties, fines, and/or fee(s) from the IRS for failure to file.
Also, that original creditor has to properly transfer the 'holder in due course' to the next third party to collect your debt. That third party then needs to inform you of your consumer rights, full disclosure... etc.
Creditors only issue a 1099C if the debt is forgiven. They do not issue it for a charge-off, which is merely an accounting device.
But if they did file one with the IRS, they were required to give a copy to you, so you should already have one in your file.
@@RWlawFL So am I comprehending this correctly, the creditors can sell the debt as a tax wright-off and have the leisure to forgive the debt if they feel like it?
They can't have their cake and eat it too. They either send it to collections, and try to collect it, or they forgive some or all of it it and issue a 1099-C.
@@RWlawFL
Weren't the original creditors the debt collector prior to sending it to collections? I'm trying to understand your explanation here since you're saying that a bank won't issue a 1099C yet have the ability to send it to a 3rd party for collections? To be clear, the amount has to be more than $600 to issue a 1099C.
So it sounds like this is wrong as it states "any person"
15 U.S. Code § 1692a - Definitions -
(6)The term “debt collector” means any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. Notwithstanding the exclusion provided by clause (F) of the last sentence of this paragraph, the term includes any creditor who, in the process of collecting his own debts, uses any name other than his own which would indicate that a third person is collecting or attempting to collect such debts.
> Weren't the original creditors the debt collector prior to sending it to collections?
No, not under the FDCPA.
> bank won't issue a 1099C yet have the ability to send it to a 3rd party for collections
They can't issue a 1099-C unless they've forgiven debt. A charge-off is not forgiveness.
> So it sounds like this is wrong as it states "any person"
Look again. The debt collector must be collecting "debts owed or due or asserted to be owed or due another." Creditors collecting their own debts are not "debt collectors" under the law except in some very rare situations listed in the rest of 1692a.
It’ll stay in your credit score for 7 years and applying for anything will show it. If you don’t care getting denied anything then just wait for 7 years. I did on a medical bill which we didn’t get good service at all so we didn’t pay. It fell off after 7 years.
That’s true. We have quicker and better options
I had open heart surgery a little over a year ago. My wife and I are in our 70's. I had medicare A, but not B. So Medicare paid $350k, but left me owing $170k. We live on social security and a $150 a month small pension. We own our home free and clear. My friend who actually used to work in the operating room at the hospital said that we could probably ignore it, because that sort of thing is factored into the pricing system at the hospital. We have no debt and really don't care about our credit score (though I care enough to know it is over 800. It's still in the hospital's "internal" collection department. I'm tempted to ignore it. I don't care about phone calls and letters. I have a delete button and a garbage can.
BTW, we now have Medicare B, which now reduces our income by another $500 or so a month. If we had had it at the time we'd owe almost nothing.
If it's internal, you may not be too bothered by it.
I am being taken to court by Zwicker and associates. I do not want to go to court. I just received the letter yesterday here in Utah
You need a Utah lawyer to take care of this for you.
Good video Mike!
Thanks John! Missed you at the conference this weekend. Hope you had a productive week. Let's chat soon!
Yesterday, a collection agency called me over 86$, and they said I owed it from 2 years ago from a toll road. There's nothing on my credit in collections. I'm in Texas. Should i just ignore them?
You'll need to speak to someone about Texas law. Also, none of the consumer law remedies we talk about here are likely to apply to toll roads or traffic infractions.
The hospital keeps suing me and garnishing me in montana gave me saline and sent me home now im getting garnished twice each check last time they took every cent i had
When you get sued check with a lawyer. Otherwise you’re in for more garnishment.
So I am experiencing a range of different issues regarding collections. So I just wanted to start with this question. What if you receive a letter from a debt collector requesting for you to pay a debt that has already been paid, but you no longer have any proof of the debt being paid because it was so long ago?
We would very likely sue the debt collector for that. If you’re in Florida, reach out to us. ricardolaw.com/contact/
I received a summons from attorney office representing original creditor and am thinking if I should respond with answer or not cause I believe I am judgement proof. If I respond and also request validation of debt at the same time (did not request at the initial contact prior), are they obligated to still provide validation within 5 days? In California. Thanks
That’s not the way validation works.
You should talk to a lawyer in California.
I live in Florida. I am being suited. I was not home and they gave the letter to my dad. Letter stated that I have 20 days to respond.
Call us right away… 352-568-3173 to schedule an appointment.
The dreaded Hernando County.@@RWlawFL
Hernando County can be pretty good for consumers.
We recommend US mail, certified, return receipt requested.
Email is too easy for them to ignore.
They can also cancel the debt and send you a 1099-C. You can file form 982 from the IRS if you're insalvant.
That may be an option for them, yes.
Budd Hibbs wrote an excellent book about debt collectors. It has been out of print for a long time. "Stop It".
The book is 32 years old, so there's a lot of changes to the law that it wouldn't cover.
I thank them for paying and settling my debt I do not have a contract with them I had a contract with original creditor they paid the loan when they purchased the debt I thank them for paying the debt
Do you really believe that’s what happened?
Because a lot of people who are getting sued right now, probably thought that way too, once upon a time.
What do you do in Pennsylvania, when you have a judgement on the creditor’s favor, and you are working with a debt settlement agency. All the offers they have sent to the agency do not work for me they basically want a lump sum of everything owed. What can I do next to resolve that issue outside of the debt settlement agency? I called the creditor to see if we could work something out and they said it was deemed uncollectible and I should talk to the agency.. nothing is working out, what are my rights ? I stopped paying that credit card a year and half ago here in Pennsylvania. Any ideas? Thoughts?
I don’t know about the Pennsylvania part, but once you get tangled up with debt settlement companies, it can be very, very difficult to undo the damage.
I don’t have any idea what to recommend you at this point.
I'm getting the letters notifications over years and years passed credit I live in Arkansas
If they are tyring to collect a debt that's beyond the time limit, that's probably a violation.
I live in Texas have a debt collector/law firm who first sent me a letter on April 14th with a form on either disputing the debt or paying the debt. The debt collector then called me on April 17, they tried to take payment on the first call and I just denied the debt. The debt in question was a 20k loan from last year that I never made a payment on which has been closed/written off. They sent me some supporting documents for a "debt validation" on the 19th and now im not sure how I want to tackle this. So far I've received a few phone calls from them since the first one.
What I want to do is get this off my credit, but this item that's affecting my credit is coming from the original creditor not the debt collector itself so I doubt that paying them would even do anything for my credit.
In Texas, call Bill Clanton or Daniel Ciment. Those lawyers can help you figure out what to do.
You are right, paying off the debt after it's become a CO, will have less of a negative effect on your FICO than not paying it at all (you could get sued), but it will still be a black mark on your credit report until the statute of limitation. BTW, setting up a "payment plan" will re-start the clock for the statute of limitation.
@ozthewiz True!
Im helping a family member that had 5 collection accounts. He wants to improve his credit score for a future loan he wants to get. He already started calling the debt collector companies to negotiate reduced settlements. Do you think he should follow this path for all 5 or duspute them with the credit bureaus? Also, is it better to pay higher settlements for a delete agreement? Thanks
If you watched the video you already know how I feel about that.
What about medical debt? We recently got a 1000+ hospital bill that we couldn't pay then forgot about because we're going through alot of stress with health issues atm with cancer etc, we got a letter in the mail from a collector trying to get payment on behalf of the ambulance service etc. Could we contact the hospital that originally had the bill first and try paying them instead? We cannot deal with this added stress of possible lawsuits and court. Plus we're disabled etc.
Sorry to hear about your cancer and other medical issues.
You might try to contact the hospital, but they might no longer own the debt.
For medical debt, I always would want to check:
1. Was this supposed to be covered by insurance?
2. Was I provided all the services they billed me for?
3. Is there some forgiveness program this debt qualifies for?
4. Has the debt collector broken the law in some other way?
i live in new jersey and i have a bankruptcy. being held up by john deere . the payoff for the piece of equiptment was 12000 dollars their lawyers are fighting me for a non dischargeable dept . the laywers have raised the debt to 16000 and going up by the day. my attorney says i cannot win in court to sign a letter of nondischargeble debt, to stop the rize in the dept do to the attorney fees. what can i do. i need help.
If you already have a lawyer, that's who you need to ask about this.
I have 2 collections from LVNV funding that were literally resold to another collection agency called resurgent capital services. Is that allowed , does the collection clock of seven years restart and what are the laws?
LVNV and Resurgent are affiliated companies that share ownership so they're just moving htings around internally.
The seven year clock is a limit on reporting, not collecting. Any limit on collecting would be a state-based statute of limitations.
If you're in Florida, give us a call right away.
Suppose your wife died after being in a hospital for months, she was not on my insurance, her name was not on the deed, we had no joint accounts not any joint credit cards. What happens to the hospital debt?
In Florida, any debt could be claimed from the estate after she passed. If the estate doesn't have enough assets to satisfy the debt, they would not be able to pursue anyone else for it, unless someone agreed to be responsible.
I’m in NJ and I’m being forced the abandon an apartment lease due to job reasons but my landlord is abusive and was trying her best to stop me from moving out. I have moved out and am trying to give the keys to them but they refuse any packages sent by me. Now they’re sending my past due rent into collections.
Can they keep sending every months rent to collections?
Is this debt treated the same in collections as any other debt?
You’re going to need a NJ lawyer who handles landlord/tenant cases
thank you for the info I will be looking for your website god bless you
Link is in the description!
I'm in KS. I am 58yo. My only income is SSDI ($1,700) and a small monthly pension ($300). I have a credit card debt of $25K. This amount is spread out over 5-6 cards. I am judgement proof. Some balances I can handle (under $1K) and some I cannot (over $4K). I have not paid on the larger balances for about 2-3 months now. Should I default on ALL of my cards or just the big balance ones? When should I send a 'judgement proof' letter? When the debt goes to collection agencies? Wait and see if I get sued and THEN send them the judgement proof letter? I don't answer unknown phone numbers. They are calling me, snail-mailing me, emailing me. I haven't read any of the former yet. Thank you. PS: I love your videos!
Glad you like the videos!
We typically don't send so-called "judgment proof" letters.
And we do not generally advise anyone to ever default on purpose.
Have you spoken to any Kansas lawyers about your issue?
Had a 24k utility debt in NY from Eastern Account systems. I was able to negotiate the balance down to to 50% but the qorst part was it wasnt my debt but i had to cover for the person whos it was. Now that i just paid the 50% off it will show as settled for less on the credit report. Will it still disappear at the alloted time and can i reqeust a delete from the credit agency showing it was paid?
Dealing with someone else’s debt is always a tough situation, and it's good to hear you were able to negotiate the balance down. Regarding your questions:
• Credit Reporting: When a debt is marked as "settled for less" on your credit report, it indicates that you didn't pay the full amount, which can still have a negative impact on your credit score. However, it will still fall off your credit report after the allotted time, typically seven years from the date of the first delinquency.
• Requesting Deletion: You can request a goodwill deletion from the credit reporting agencies, explaining the situation and that you've now settled the debt. While they are not obligated to remove it, sometimes they might as a gesture of goodwill, especially if you have a good credit history otherwise. But it's always best to negotiate a "pay for delete" BEFORE you pay any money, and to get that agreement in writing.
• Other Deletion: If a debt collector makes any false report on a credit report, that's a violation of the FDCPA, and you can sue them for that violation. If it's not your debt, then it would be a false report for them to report it on your credit.
Ok I am getting sued by debt collector, can I negotiate with them on amount plus delete from credit report. I want to settle this before court date. I live in Florida
Please give us a call today at 352-567-3173 to hear about your options for getting rid of this debt collector. You’ll be pleasantly surprised!
@@RWlawFL I will call inthe am...thank you!
Glad to hear it!
Ok so I contacted Ricardo & Wasylik and I have never been so happy to contact a lawyer. They took my case and not only did they get this resolved with no monies owed but they also had the item removed from my credit report. Everyone that I spoke and had interaction with was very kind and helpful. I highly recommend them with full confidence that they will achieve the best results possible for you!
Wow! Thanks for the high praise.
We’re grateful for your trust in us AND that we could deliver like that.
A lot of this depends on the state you live in, it’s all different from state to state, in some states they can garnish your wages like in Texas they can’t touch your paycheck
Every state law is different.
Good afternoon. This is just for reflection, but here in the UK we have some established laws that offer protection. The Bills of Exchange Act section 23 almost certainly stipulates that there would need to be a signed contract between us and the collector. We have entered into no contract (this is like the theory you refer to), but the bill, from 1882 seems quite clear.
We also have a Statute Barred Debt situation which means that if they haven’t got you in six years, they have taken too long.
I think that the theory is helpful. Even the academic literature discusses the difficulties of a third party extracting money from you.
When they buy the debt, and with it, personal data, this appears to be a breach of data protection law.
In court they would have to prove that you owed them money. Presumably a photocopy of a document would be insufficient. Black’s Law Dictionary is a reference tool that defines terms like Proof and Verification and these are more demanding than what most collectors would be able to do.
Cheers
Peter
This is why I don’t talk about UK law-I know so little about it!
Im getting sued for credit card debt by US Bank and discover etc. i filed answers denying everything now case is being transferred to arbitration. What should I expect next and do can you recommend an attorney in southern Oregon?
I don't have anyone in Southern Oregon at the moment. But look for a lawyer near you who handles "debt defense" or "FDCPA" cases.
I have been finding collection threat actions from a lawyer, then a different law firm and so on. It's for some payday loan place I never heard of. Then I looked at list the company alias loan places and I recognized one I did apply for but never received. Oh and all the emails were in spam. Can they garnish if I'm on social security? I am dealing also with long term identity theft
If this is a "real" debt collector, they're probably breaking the law, along with the payday loan place.
What if you’re unemployed? How do you pay with something you don’t have?
Watch our Debt Collection Battle Plan video.
Hi. I wonder what happens if they take you to court and they win and let’s say they sat payments and you still do not pay the payments? And if you have no income, or property, what happens than?
In Florida, if someone wins a lawsuit, they get a judgment against you. Then they get to investigate all your finances-copies of all your bank statements, tax returns, and so on-until they find something they can take from you.
They don't always find something, but having to let them look is usually pretty unpleasant.
New York city send me to the collections department for a camara bus line ticket, do I have to pay it?
I'm not even sure what that is, so I don't know.
I m from CALIFORNIA. My mom 88 yrs old was told by the Solar panel salesman company that she didn’t have to pay for the solar panels because it was a county project. Then 2 yrs later she got a ltr from a lawyer stating she owes $36,000 . This was in 2021 but this solar co was bought by another company and now this a collection company is calling her. What she should do? Thank you
I hate solar panel companies. They’re just scum who prey on the elderly.
Lots of lawyers handle this type of fraud, and I’m sure there’s one near you in California.
my question is that i live in alabama, i recently had a fluke accident and broke my ankle, i had to have surgery so i could walk again. my issue is medical debt. i do not have any income nor do i have any insurance. i have no assets what should i do?
Talk to Alabama Consumer Lawyer John Watts. He'll know exactly what do to.
So far I am only dealing with letters and phones calls for a medical debt from 2022 and I'd like to a. settle for as less as possible and b. prevent it from getting on my credit report. I am in Iowa.
Watch our Debt Collection Battle Plan video.
Hello, I live in California last February I was in the hospital for a life-threatening condition, was making small payments, but they sent me to collections anyway, i’m going to call them and make a very low offer to pay it off, the doctor gave me a 30% chance of being alive in 10 years from last February. If they say no, what should I do?
Watch our Debt Collection Battle Plan video.
I applied for ASU masters degree, then before the lessons started I transferred to another university. After a year I received letters from ASU that I owe them $1330 for health insurance that I didn’t even receive insurance card. I called and wrote emails stating that I didn’t even start school nor enrolled classes, answers took couple of months. Then I started receiving mails and calls from
debt collectors. I explained them the situation they said they would send proof of my debts, then disappeared.
What should I do? I don’t want to pay for the mistake of university for not canceling it when I withdrew.
Talk to Arizona lawyer John Skiba - he may be able to help.
I was on a debt settlement program several years ago. One of the creditors negotiated and agreed to a settlement offer. Payments were successfully completed in full. When I ended the program, the same creditor filed a lawsuit seeking a judgment for the remaining balance although they entered into an agreement.
Is this ethical?
No, it's not ethical or legal.
If you're in Florida, give us a call and let us know what happened with the lawsuit.
I am in Florida..I got a letter from O&L law group stating they have been retained for the collectors. I cant pay this debt anyway, what should I do?
We deal with O&L all the time. Give us a call: ricardolaw.com/contact/
I live in Florida. I am trying to have Portfolio removed from CR, but they will not accept a settlement. SOL has passed.
Is the reporting accurate and complete?
Question,, I live on Social Security as my only source of income , had to move from the United States to a Third World country in Asia years ago because I couldn’t afford to live in the United States, well now because of worldwide inflation it’s gotten to the point to where I’ve had to use my credit cards to assist my Social Security just to be able to live, pretty much basic needs in life, food ,shelter, helping out with utilities, typical small monthly bills that come up.. my question is if I have to file chapter 7, bankruptcy on all this unsecured debt that I may be unable to pay will I have to pay for a $2000 airline ticket back to the United States to see a bankruptcy attorney or could I file from over here in Asia where I live so that I could avoid an airline ticket and hotel stay and any other expenses that would come with that trip?
If you are now living in a Third World country, and don’t have any assets back here at home, there’s probably not much they can do to you.
And there’s probably not much reason you’d want to file a chapter 7.
What about if am already getting letters from the lawyers.? Because in getting sued .. Phoenix Arizona
Definitely lawyer up. In Arizona try John Skiba.
There's a statue of limitations on debt.each state have a time limit.where a person no longer owe the collector or where the debt originated.
We did a whole video on just that topic: ruclips.net/video/TeK09B6IVBo/видео.html
I live in Cali. I have been paying the hospital my hospital bill, they said that i had to pay off less than 9 months. I paid every month, on time and still sent it to collection still had 2 months left bc i didn't call them every month. No one told me that I had to call every month? and the collection company would not take off the interest even though i paid it, I wish i knew before i paid the hospital. I had like $278 left over. if i'm gonna get a ding on my credit, i might as well have just not paid at all!!!shoot!!!
In California, give these guys a call:
Mike Cardoza: www.cardozalawcorp.com/
Jay Rahimi: www.jrahimilaw.com/
I have 2 accounts that I never remember that I did it, collection agency have the 2 accounts on my credit report. I believe its not mine . what I should do? what is the 1st step to do? the original creditor have no info about those accounts, I called them a lot of time but they say we have zero information about your name . should i despite it?or I send validation letter to the collection agency ? thank you for your time.
Check out our Debt Collection Battle Plan video.
If the credit report tells you who the debt collector is, (it should!) you can send that debt collector a dispute letter. Send it Certified Mail, Return Receipt Requested. (Get the green card back!)
Once they got your letter, look again at your credit report. See if they reported again, after getting your letter. If they don't list it as "disputed" they're breaking the law. That gives you leverage.
Why is the time limit for debt collection in Massachusetts also 20k for student loan do I have to pay that when I am a senior citizen I’m 62 years old now and living on retirement from the usps any help would be greatly appreciated
Dennis
I really can’t answer questions about Massachusetts since I’m not licensed there but there are probably lawyers in your area who specialize in student loans.
In Florida, even if you are sued, how can a debt collector force you to pay in you are "head of household" and have nominally disposable income. Are you exempt from wage garnishment? Furthermore, if your home and car are jointly owned with a spouse and the debt is in your name alone, they can not even put a lien on your property. Correct?
A judgment lasts twenty years and can be renewed. That means that they'll just wait until you're no longer head of household, no longer hold your vehicles jointly, and no longer qualify for other exemptions. And every time you get a new job, they'll try to garnish your new wages-exposing your situation to your new boss-and make you prove once again that you qualify for an exemption.
In addition, they can periodically-usually about once a year-make you fill out a detailed questionnaire about your finances, and if you fail to respond or fail to give complete and truthful disclosures, they'll ask the judge to hold you in contempt of court.
Also, for the twenty-plus years that judgment is sitting there, you can't get a home loan. You might not be able to get a car loan-at least not one you'd want. It will show up every time you apply for anything financial or sensitive.
For some people, none of this matters. For most of the people I talk to, it's better to stop the problem as soon as you can.
Check out our Debt Collection Battle Plan video for more information.
I had a debt that happened some years ago back in 2015 and the debt collection company continues to renew it even though I have not reached out to them haven’t talked to them haven’t done anything but it’s still showing active on my credit report
That sounds like a violation.
I live in Florida and am currently disputing a medical debt (I have med insurance but they decided not to pay) I’m receiving numerous bills and I’ve been calling them explaining it’s in appeal. My worry is if I end up responsible for this large debt, can my NY pension be garnished? Currently my only source of income. Thanks!
If you're in Florida, give us a call today. If you're being billed for something they can't bill you for, that's a problem for them.
Good infor
I want to ask something Sir, I have updated prescribed account on my credit report, it won’t punish me in future?
I'm not sure what you mean.
What should I do when I received 50% off on my bill from collection agency attorney lawyer. Should I pay it? I am NJ state.
What are they offering you in return?
Are they putting it in writing first or do you have to pay first?
I live in Louisiana and national service bureau says they are going try to get get me and my daughters drivers license suspended. Can they do that
That sounds like a violation to me.
I am in Virginia. I have a payday loan with Net Credit. I am behind. They have the inflated amount on my credit report. These loans are illegal in Virginia. The amount is hurting my debt to income ratio. Experian will not take this off of my credit report. Do I have any options? Thank You in advance Kathy Jackson
I don't know Virginia law about payday loans but if you're right about the loan being illegal you should definitely talk to a lawyer ASAP who handles this type of case in your state.
I was willing to try to pay mines if they would’ve been willing to settle for less. I understand they don’t have to but still.
I just hit the 2 year mark so at this point I don’t care because I’ve still been able to raise my credit score.
Debt, collectors office shoot themselves in the foot this way.
Good luck with your financial future!
I am in Florida, have a collection on credit report. Called the colector to pay full amount in leud of a deleting on credit report. Colector says no longer has this debt. How to get this off my report? Is A 4 year old collection, $3,000
Watch our most recent video.
If the report is accurate, timely, and complete, you may be stuck with it.
I live in FL. I have a hospital bill that was sent to collections by MediCredit. It was a bill that we never paid. I have a "verification latter" from them with a itemized bill from the hospital. Not sure what we can do next. Validation letter or what?
Call our office at 352-567-3173 for an appointment with me.
I live in NC and a collection was just placed on my credit report about 3 weeks ago. I want to do a pay for deletion. Is this the way to go?
It's not the first thing I'd try because there's a low chance they'll accept the offer. Check out our recent Debt Collection Battle Plan video for more ideas.
I have portfolio bothering me harassing my phone every single day , i never pick up but I’m working on it getting them out the way , I don’t have a contract stating i owe a debt to them nor they can’t provide any info on me , once your information is sold over is there a great chance of not paying anything back ?? Since your consumer rights been violated?
It sounds like you'd really get a lot of useful info from our recent Debt Collection Battle Plan video.
It's ALWAYS a necessity to have them prove the debt to you, ask them questions like.
"Who is this debt for?"
"How much is the debt?"
"What date did this occur" Ect...
The number of times "Debt collectors" Have called me and demanded payment before even introducing themselves is stupid. Most of those were scams, CONFIRM the debt is legit first before doing what the video says :)
Or.... never talk to debt collectors on the phone. They have to give you all that information in writing anyway.
@@RWlawFL Also true!
Exactly!
@@RWlawFLWhat about when you negotiate? Don't you need to call them?
We do it in writing. Phone calls can't protect you.
How can a cc company sue you and take you to court if you moved out of state, they don’t know your address, and therefore can’t serve you?
Every state has different laws about service, but if they don’t know where you are, it's hard for them to obey the law requiring them to sue you where you live.
Can I call them and ask if what they sent me is valid? Or do I have to write them? My insurance said I’d be passed to collections and I just got a letter from them.
Watch our Debt Collection Battle Plan video to see what you should do next.
pleasure watching your video I really learned a lot, yet I have some questions regarding my situation. I've recently received a call from a collector about a 2012 student loan that I had no knowledge of, but then she proceeds to tell me that she has a signed promissory note (my signature) so I told her to send it to me. (she said, "30-45 days before I receive the mail")
I was under the impression that all of my debt was cleared because I applied for the Total and Permanent disability discharge. (I checked my credit report no student debt!)
If you got a discharge, your bankruptcy lawyer should be able to tell you if this violates the bankruptcy discharge, and whether you can sue.
@Ricardo & Wasylik PL this isn't a bankruptcy procedure, it's a discharge program. It can be found on the Federal student loan website.
Understood. I don't deal much with student loans, and there are a number of other lawyers who specialize in that area.
I live in Texas, and had a car repo a little over a year ago. And just got a debt collection citation. Saying (You have been sued) Can they levy my bank account?
I don't know how Texas law handles that.
I have debts that the last payments were in 2018. State of PA has four year statue of limitations so now in 2024, getting phone calls from MCM trying to collect those debts. Can i tell them that debt is over, not going to pay them as statue of limitations is over in 2022. Will i reset the debt in talking to them or confirming that i am that person on the debt
In PA you’ll want to speak with PA lawyer Dan DeLiberty.