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.
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.
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'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
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 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.
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.
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!!
I am in ny state. I am a marine veteran was not getting care from the VA. I am a nurse had terrible insurance. At work I had an acute gallbladder attack. Surgery. After the insurance paid I have a $58,000 bill. I am 57 years old with a mortgage car payment and 20k in credit card debt. I have $11.00 in my savings account and live pay check to pay check I need help. I thought about filing bankruptcy don't know if it's a good idea
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 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.
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.
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?
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 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.
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.
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!
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 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 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.
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.
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’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??
I got sued by UHG and the judge decided in my favor. The attorney they hired wasn’t ready but I was at the court date. They said they wanted more time to gather more information. I disagreed and was ready to go to trial. The judge ruled in my favor and gave them 30 days to appeal.
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.
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.
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 have college debt without student loan from a college in Oklahoma and a debt collection agency in Kansas has it now. I live in South Dakota and I don’t want to pay it
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.
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.
i got a letter from a debt collector claiming money for a account which was closed 8 years ago. They now saying a payment of 0.75p was made in 2022 (lie) and they see this payment as last acknowledgment
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.
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.
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.
I received a summons for a debt. It wasn’t in my legal name just the first and last name. They served my son’s girlfriend because my son name is similar to minds and she thought it was his mail at a family home in a gated community. There was no signed contract in the summons just the last 4 digits of my SS#, payment history and electronic contract with name similar to minds. The name doesn’t match my legal IDs. I responded to every item basically saying prove it and 2 months has went by and I haven’t heard anything. Clark County NV
The name matching issue may only be important if the debt belongs to someone else with a similar name. It doesn’t have to match your ID. I’d recommend speaking to a lawyer in your area about this lawsuit.
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
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
I'm in Pa and just got sued by a law firm in NJ last week for a credit card debt now "owned" by midland credit. When first contacted by midland i did the verification disputing the debt and asking for proof they own the debt, detailed accounting, etc. i got copies of 2 random statements from the original creditor. I sent a second request for the info and got nothing. That was April and now being sued. What options are there to defend to win the suit and not pay?
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.
I live in Florida. I have credit card, personal loan, and later payment on mortgage debt. Three of my credit cards have been charged off, two are under credit protection, which ends in two months. Want to get these off my credit report to clear up my credit history. Hoping to start a business soon and need to clear up my and my wife's personal credit.
You have a few options. You can negotiate for delete, which sometimes works. You can wait until they roll off, which takes time but is guaranteed to work. Or you can follow the steps in our Debt Collection Battle Plan video.
@@RWlawFL Thank you for the information on the video you mentioned. It looks as if I have my work cut out for me. However, I can do it and wipe out this dept. Greatly appreciated!
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
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'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?
Hi Mike, from Virginia right here. How do I afford a lawyer if I don’t have thousands lying in the bank? I’m a young adult still going through college.
If the debt collector has violated the FDCPA, your lawyer should be free to you. We have a free debt-collection violation resource here: ricardolaw.com/fdcpa-course-sign-up/
san diego california getting emails only use to get letters i think i answered the phone and said cease and desist from all contact and they started emailing and updating a 2016 medical bill for a procedure i didnt get because they almost killed me during the procedure beforehand
I have an aunt and uncle lived in different state. They are in their 70's. This guy sold service for cable company. He told them they had 30 days cancel service. If they did not lk service they could cancelled. Uncle called less thn 30 days cancelled the service. They still told him. He had to pay. One time company told my uncle disconnect the camera. At the time he was in his sixties. In addition to that they tried get money off his card. He did not had any money on account. What can they do
Thanks for you great Video; it's full of useful information. My friend receives Social Security Disability Insurance(SSDI) monthly benefits. The State Of Vermont involuntarily committed my friend to a psychiatric facility in Vermont for which he was charged Rent. My friend refused to pay the Rent and each month the State Of Vermont sent him Letters saying that the Rent amount was due and it began to accrue. The Letters also said to contact the State Agency if a payment Arrangement is needed. A few of the Letters were sent certified and threatened further action if the Rent Money was not paid. My question is this: isn't Social Security Disability Insurance Money exempt from garnishment and bank levy if my friend is Sued and the State Of Vermont wins? Because Social Security Disability Insurance Money is my friend's only source of income, would a Judge rule in my friend's favor if my friend is Sued by the State Of Vermont? What Statutes and Case Law protect Social Security Disability Insurance Money from Lawsuits, etc.? Please respond, Thank You Sir.
When you're dealing with the State, different rules apply. Check your local laws in Vermont about how to handle that. (As a Florida lawyer, I'd have no clue)
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?
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 Arizona and am currently in a situation where I am being contacted constantly over the phone and twice by mail. The phone calls go directly to voice mail (my phone identiies them as high risk spam) but the voice-mails I receive are never complete and simply say to "please call us Monday through Friday" and that it's a recording. I am currently in a long term care health facility which takes the major of my SSDI check and leaves about $110.00 a month. I tried to set up a payment plan with my bank as soon as I realized this would become a problem but they refused and suggested I work it out with debt collections. I received a letter from the debt collector yesterday saying that they have lowered the amount of the debt but I would need to send them a check within two weeks. I don't even make enough to hire an attorney. Any suggestions? Thank you.
I live in NY. Signed up for an online course thinking it was a subscription. Took if for two months and realized it was not for me. I tried to cancel. They insisted that I pay the full year's feel. They are a company based in Germany and have now hired a collection agency.
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 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.
We never received any notice or letter or even email stating we had a debt , now we're here in court trying to dispute it when I did not even have the chance to dispute it before being taken to court, some of the complaints state that we were given multiple chances to dispute this debt and we refused to pay it, when we only found out about this debt from the court case. We never received written notice of this debt or even verification of the debt, (they only have the agreement my boyfriend & I signed.) Not one person holding our collection contacted us or wrote to us. Does this go against the FDCPA? If so which one? We have no car, no property, my boyfriend does not work, I make less than $120 a week, whatever I make goes towards rent and my family member pays the rest of the rent, sometimes I make none, and we have no assets. Am I judgement proof even if I lose? I'm in Nevada
When a debt collector says things in a lawsuit that simply aren't true, I would sue them for FDCPA violations under 15 USC 1692e. If you were in Florida, I'd tell you to call me, but since you're not, I'll suggest you call a local lawyer who specializes in FDCPA claims.
I have a court action lawsuit with a junk debt collector. I have a court date on Friday. I tried to settlement but they refused. I really don’t care much about it but I was told to show up so I don’t get defaulted but it’s not on my credit I’m in Maryland
Good luck! We always recommend you speak to a lawyer in your state who handles "Debt Defense" or "FDCPA" cases, just to make sure you're not missing something that could be very painful later on.
Is it possible to sue a collection agency for damages if the collection agency creates a false debt? If so, are damages fixed or in proportion to harm done?
Yes, it is absolutely possible. You’re generally allowed to recover “actual damages“ for any false statements made by a debt collector that caused damages.
@@RWlawFL Is November 2020 in scope? The collection agency claims a Master Card debt. I did not have a Master Card account at that time or any time prior. Master Card confirmed that there was no account in their records in my name (not identity theft). That is the "debt" was invented by the collection agency. The collection agency is a Canadian subsidiary of a Florida based company that has real and substantial assets. My time and opportunity cost is very high. In 2020, I authored 12 US patents which implicitly places a very high value on my time (market value of patents divided by time spent). Can I claim an hourly rate applied to each of 50 documented calls?
This may not be a real debt collector but a scam company. Have they sent you letters demanding payment? If they are real, and just invented the debt, it might be worth going after them. But it would have to be within the last year when they demanded payment.
@@RWlawFL No letters. I avoided responding by post and giving an address. I would respond only through a third party. I blocked their telephone number, so I don't know if they have made demands within the last year. I also filed a complaint with the RCMP commercial crime division, but I am not optimistic the RCMP will take action as they have many other pressing priorities. The company is Common Collection Agency Inc.(CCA) based in Toronto. The company has a brick and mortar presence and the company officers own real estate in Toronto.
I live in Brockton Mass, I received letters and phone calls by the IRS, I have been dealing with tax debt, to make a long story short I was told that I was labeled as a dependent with children but I don't have any children, I haven't done my taxes in a couple years even though I usually do but the last couple years I've been having issues because it's too far back now can't do on the computer by myself because I can't get into the account from a couple of years ago and I need help from someone but it's going to cost me, I didn't know they put this information on my file I don't know how they made that mistake but I never told him that I had kids cuz I don't, but there was charging me as a dependent, so now I'm looking at a bill that I can't afford, I don't know how to go about it I don't know what I should do if I should pay it back and I really don't want to be hauled away for tax evasion can you give me any advice
I had a third party debt collector go to court without my knowledge and somehow put a lien on my house for 3K in debt I never owed PREDITORY DEBT COLLECTOR now how do I get rid of this lien?? I live in Colorado
To get rid of a lien in Colorado you’ll need to speak with a Colorado lawyer. I don’t have any names for you but ask local lawyers who handles debt collection defense.
I'm currently being harassed by a Rental car agency stating that I owe money for a rental car that was damaged but I had full coverage Insurance through them. Also the day before was the day I was to return the vehicle but due to poor maintenance on one if the vehices I had to change it out while out of town on vacation. So they gave me a free day a courtesy free day. The vehicle was damaged and NIW there saying I owe them. How do I go about these letters and calls which are non stop?
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!)
In many cases, yes-but the real question is how. Stay tuned-we're working on our next video that talk about the steps to take to beat the debt collection.
I just started getting a bunch of phone calls that I owe money from 2015 around 900$ but haven’t received any mail and they have threatened to sue and garnish my wages but nothing is showing on my credit report I’m in SC
Getting unexpected phone calls about a debt from several years ago can be frustrating and overwhelming. Here are a few tips that might help: 1. You should research theSouth Carolina statute of limitations on various types of debt. It may be that a creditor or collector can't sue you to collect on the debt after this time period has passed. 2. If a debt collector threatens to sue or garnish wages for stale debt, that's a violation of the FDCPA and you may be able to sue. 3. If you haven't received any mail or notice from the creditor, it may be that they don't have your current address, or that they are trying to collect a debt that's past the statute of limitations. 4. You should verify the debt and ask for validation that the debt is yours and the amount they are claiming you owe is accurate. If the creditor or collector is threatening to sue or garnish your wages and you believe the debt is not valid or past the statute of limitations, it's important to take action quickly to protect your rights and your paycheck. When debt collectors break the law in this way, you can level the playing field-and maybe even make a profit-by suing them for their illegal conduct.
I understand there are 3 states that have laws that actually eliminates the debt completely meaning no continuing efforts suing or otherwise can be made by debt collectors, do you know what states they are?
@@RWlawFL On another video like yours, they go into debt collections a bit further not just stop at the statute of limitations on the ability to obtain a judgment, to ensure they know that doesn't eliminate or dismiss the Debt just the ability to legally attach their assets to obtain repayment. It is legal for Collections to still pursue repayment of the debt which can remain on your credit report for years because it has not been dismissed just because the statute of limitations has been reached., just that you can no longer go through the court system to obtain a judgment. This is true in all but 3 states I understand, where their laws are the exception where the expiration of the statute does eliminate the debt too. I can't seem to find the video now so I thought I would ask you what 3 states they are?
If I understand you, you're saying that three states have laws about the statute of limitations that don't merely bar a lawsuit, they actually eliminate the debt. I know Florida does not have that rule, and I'm not aware of any other state that does. But for practical purposes, it's very difficult for a debt collector to pursue a time-barred debt in any way without breaking the law somehow.
Hi, im in UK, had a letter today from debt collectors saying i owe £7000 for car finance about 5 years ago. I gave them the car back. Also it says on this letter its down as 2022! I plan on just ignoring them if they come knocking
Everything we talk about is based on US law only and wouldn't apply in the UK unless you have some similar law, so check with your local legal expert to be sure of your rights.
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?
Medical collections require a slightly different approach, and will vary from state to state. Have you been able to find anyone in Indiana who can help you with that?
Please tell me which law states that they can only report for 7 years . Because this doesn’t seem to be true the sol only applies to the time they have to sue you…
Hello, I'm in California but my old vehicle was registered in AZ. However the issue I am having is this : I was traveling with my vehicle to move to California but my car completely broke down and was not drivable. So a junk yard picked it up. This junkyard told me if I pay the amount it was held at the junk yard and sign the vehicle over to them they would not have me pay anything with collections. However now a few weeks after the sale of the vehicle I have a collection notice of over 2 grand!! And I called my local DMV to see if this was a smart choice and if I needed anything in writing.. and I was told nothing should go past the deal we made and I called the junk yard and they said the same.. so what should I do? I have to call or set a payment plan really soon!! Help.
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.
Thank you for your videos. What is the impact of a debt collection agency that isn't licensed in the state of the debtor (also the state where were the "debt" occurred)?
If they are violating a state licensing law, the consequences will vary depending on the law of that specific state. It probably doesn't affect the validity of the debt they are trying to collect.
I used to own a collection agency, the only state I know of that requires a collection agency to have an office in their state is CT. Otherwise wherever they are located they can collect nationwide, but if their violate the FDPCA, report it to your state's attorney's office.
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?
I need advice on what to do with my situation. My grandparents moved out of a rental they lived in for 10+ years in 23 paid for a contractor to fix the place up, my grandpa died soon after moving from the rental and the landlord is trying to charge my grandma 3,900, he first sent debt collectors and then switched to a law firm.. my grandma is on social security she gets 2,800, thats her only income. ON TOP of all that we are currently fighting my grandpa's son in Probate, he wants half of the house my grandparents just bought, where my grams lives. That is costing 5k +
I get letters and they are on my credit report. My goal is to get them off my report and stop the letter. I'm disabled so can't really write letter. I disputed with the cred bureus it's on and with the debt collector n afraid they might take me to court which didn't happen yet. I don't haveoney to pay them. I love in NY! 6:376:376:376:37
I'm 15k in dept collection its one for 12k and some Change and the other us 2k and some change. I live in Chicago. I'm unsure about where it came from. But when I noticed it I disputed it right away. I'm waiting to hear back from the company I hired. Also it was two address on my credit report, well 3. 2 old ones and all three bearous don't share the same info as I was told.
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!
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.
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!
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.
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 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
“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
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.
Thank you for this video. Very, very helpful.
Glad it was helpful!
Thank you for sharing your knowledge.
You’re welcome.
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.
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.
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.
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.
I am in ny state. I am a marine veteran was not getting care from the VA. I am a nurse had terrible insurance. At work I had an acute gallbladder attack. Surgery. After the insurance paid I have a $58,000 bill. I am 57 years old with a mortgage car payment and 20k in credit card debt. I have $11.00 in my savings account and live pay check to pay check I need help. I thought about filing bankruptcy don't know if it's a good idea
You might be a candidate. You should probably speak with a NY bankruptcy attorney to find out.
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 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.
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.
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.
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/
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
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!
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.
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.
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 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 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?
I can’t get enough of your content! 😆
Glad you like it!
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.
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.
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.
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’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.
I got sued by UHG and the judge decided in my favor. The attorney they hired wasn’t ready but I was at the court date. They said they wanted more time to gather more information. I disagreed and was ready to go to trial. The judge ruled in my favor and gave them 30 days to appeal.
Congrats!
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.
But are you saying that we should pay off charge offs when the original creditor received a tax right off?
No.
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 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?
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.
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 have college debt without student loan from a college in Oklahoma and a debt collection agency in Kansas has it now. I live in South Dakota and I don’t want to pay it
Check out 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 $1330 for health insurance that I didn’t even receive insurance card. I called and wrote emails stating that I didn’t even start school nor enrolled classes, answers took couple of months. Then I started receiving mails and calls from
debt collectors. I explained them the situation they said they would send proof of my debts, then disappeared.
What should I do? I don’t want to pay for the mistake of university for not canceling it when I withdrew.
Talk to Arizona lawyer John Skiba - he may be able to help.
Yesterday, a collection agency called me over 86$, 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.
i got a letter from a debt collector claiming money for a account which was closed 8 years ago. They now saying a payment of 0.75p was made in 2022 (lie) and they see this payment as last acknowledgment
In Florida, I’d strongly consider suing any debt collector who did that. Possibly a class action.
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.
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.
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.
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.
Good video Mike!
Thanks John! Missed you at the conference this weekend. Hope you had a productive week. Let's chat soon!
I received a summons for a debt. It wasn’t in my legal name just the first and last name. They served my son’s girlfriend because my son name is similar to minds and she thought it was his mail at a family home in a gated community. There was no signed contract in the summons just the last 4 digits of my SS#, payment history and electronic contract with name similar to minds. The name doesn’t match my legal IDs. I responded to every item basically saying prove it and 2 months has went by and I haven’t heard anything. Clark County NV
The name matching issue may only be important if the debt belongs to someone else with a similar name. It doesn’t have to match your ID.
I’d recommend speaking to a lawyer in your area about this lawsuit.
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.
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.
I'm in Pa and just got sued by a law firm in NJ last week for a credit card debt now "owned" by midland credit.
When first contacted by midland i did the verification disputing the debt and asking for proof they own the debt, detailed accounting, etc. i got copies of 2 random statements from the original creditor. I sent a second request for the info and got nothing. That was April and now being sued.
What options are there to defend to win the suit and not pay?
You’ll need to find a lawyer in your state who specializes in debt defense or FDCPA cases.
thank you for the info I will be looking for your website god bless you
Link is in the description!
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 live in Florida. I have credit card, personal loan, and later payment on mortgage debt. Three of my credit cards have been charged off, two are under credit protection, which ends in two months. Want to get these off my credit report to clear up my credit history.
Hoping to start a business soon and need to clear up my and my wife's personal credit.
You have a few options. You can negotiate for delete, which sometimes works. You can wait until they roll off, which takes time but is guaranteed to work. Or you can follow the steps in our Debt Collection Battle Plan video.
@@RWlawFL Thank you for the information on the video you mentioned. It looks as if I have my work cut out for me. However, I can do it and wipe out this dept. Greatly appreciated!
Good luck!
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.
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'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?
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.
What if the lender doesn't have a promissory note on file, they can't pull it up, and refuse to mail the borrower a copy of it?
That might cause them some problems but it depends on how they’re interacting with you.
Hi Mike, from Virginia right here. How do I afford a lawyer if I don’t have thousands lying in the bank? I’m a young adult still going through college.
If the debt collector has violated the FDCPA, your lawyer should be free to you.
We have a free debt-collection violation resource here: ricardolaw.com/fdcpa-course-sign-up/
Isn’t there a law that protect consumers from debt collectors would there be a reason why the ppl you listed say you don’t have to pay any debts?
There are a lot of laws like that. Watch the rest of the videos on the channel to learn more about those laws.
san diego california getting emails only use to get letters i think i answered the phone and said cease and desist from all contact and they started emailing and updating a 2016 medical bill for a procedure i didnt get because they almost killed me during the procedure beforehand
Watch our Debt Collection Battle Plan video to see what you should do next.
I have an aunt and uncle lived in different state. They are in their 70's. This guy sold service for cable company. He told them they had 30 days cancel service. If they did not lk service they could cancelled. Uncle called less thn 30 days cancelled the service. They still told him. He had to pay. One time company told my uncle disconnect the camera. At the time he was in his sixties. In addition to that they tried get money off his card. He did not had any money on account. What can they do
They need to speak with Legal Aid in their state, or perhaps a consumer lawyer who has experience battling the cable companies.
Thanks for you great Video; it's full of useful information. My friend receives Social Security Disability Insurance(SSDI) monthly benefits. The State Of Vermont involuntarily committed my friend to a psychiatric facility in Vermont for which he was charged Rent. My friend refused to pay the Rent and each month the State Of Vermont sent him Letters saying that the Rent amount was due and it began to accrue. The Letters also said to contact the State Agency if a payment Arrangement is needed. A few of the Letters were sent certified and threatened further action if the Rent Money was not paid. My question is this: isn't Social Security Disability Insurance Money exempt from garnishment and bank levy if my friend is Sued and the State Of Vermont wins? Because Social Security Disability Insurance Money is my friend's only source of income, would a Judge rule in my friend's favor if my friend is Sued by the State Of Vermont? What Statutes and Case Law protect Social Security Disability Insurance Money from Lawsuits, etc.? Please respond, Thank You Sir.
When you're dealing with the State, different rules apply. Check your local laws in Vermont about how to handle that. (As a Florida lawyer, I'd have no clue)
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.
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 Arizona and am currently in a situation where I am being contacted constantly over the phone and twice by mail. The phone calls go directly to voice mail (my phone identiies them as high risk spam) but the voice-mails I receive are never complete and simply say to "please call us Monday through Friday" and that it's a recording. I am currently in a long term care health facility which takes the major of my SSDI check and leaves about $110.00 a month. I tried to set up a payment plan with my bank as soon as I realized this would become a problem but they refused and suggested I work it out with debt collections. I received a letter from the debt collector yesterday saying that they have lowered the amount of the debt but I would need to send them a check within two weeks. I don't even make enough to hire an attorney. Any suggestions? Thank you.
In Arizona, you should talk to John Skiba
I live in NY. Signed up for an online course thinking it was a subscription. Took if for two months and realized it was not for me. I tried to cancel. They insisted that I pay the full year's feel. They are a company based in Germany and have now hired a collection agency.
Read the contract you signed and see what you agreed to. Might need to speak to a lawyer in NY.
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/
My wife and I are getting sued for a property we foreclosure vac in 2010 and is 2022 and they are coming with that now Florida
Sounds like a deficiency judgment. Please give us a call. : ricardolaw.com/contact/
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.
We never received any notice or letter or even email stating we had a debt , now we're here in court trying to dispute it when I did not even have the chance to dispute it before being taken to court, some of the complaints state that we were given multiple chances to dispute this debt and we refused to pay it, when we only found out about this debt from the court case. We never received written notice of this debt or even verification of the debt, (they only have the agreement my boyfriend & I signed.) Not one person holding our collection contacted us or wrote to us. Does this go against the FDCPA? If so which one?
We have no car, no property, my boyfriend does not work, I make less than $120 a week, whatever I make goes towards rent and my family member pays the rest of the rent, sometimes I make none, and we have no assets. Am I judgement proof even if I lose? I'm in Nevada
When a debt collector says things in a lawsuit that simply aren't true, I would sue them for FDCPA violations under 15 USC 1692e.
If you were in Florida, I'd tell you to call me, but since you're not, I'll suggest you call a local lawyer who specializes in FDCPA claims.
I have a court action lawsuit with a junk debt collector. I have a court date on Friday. I tried to settlement but they refused. I really don’t care much about it but I was told to show up so I don’t get defaulted but it’s not on my credit
I’m in Maryland
Good luck!
We always recommend you speak to a lawyer in your state who handles "Debt Defense" or "FDCPA" cases, just to make sure you're not missing something that could be very painful later on.
Is it possible to sue a collection agency for damages if the collection agency creates a false debt? If so, are damages fixed or in proportion to harm done?
Yes, it is absolutely possible.
You’re generally allowed to recover “actual damages“ for any false statements made by a debt collector that caused damages.
@@RWlawFL Is November 2020 in scope? The collection agency claims a Master Card debt. I did not have a Master Card account at that time or any time prior. Master Card confirmed that there was no account in their records in my name (not identity theft). That is the "debt" was invented by the collection agency. The collection agency is a Canadian subsidiary of a Florida based company that has real and substantial assets. My time and opportunity cost is very high. In 2020, I authored 12 US patents which implicitly places a very high value on my time (market value of patents divided by time spent). Can I claim an hourly rate applied to each of 50 documented calls?
This may not be a real debt collector but a scam company. Have they sent you letters demanding payment? If they are real, and just invented the debt, it might be worth going after them. But it would have to be within the last year when they demanded payment.
@@RWlawFL No letters. I avoided responding by post and giving an address. I would respond only through a third party. I blocked their telephone number, so I don't know if they have made demands within the last year. I also filed a complaint with the RCMP commercial crime division, but I am not optimistic the RCMP will take action as they have many other pressing priorities. The company is Common Collection Agency Inc.(CCA) based in Toronto. The company has a brick and mortar presence and the company officers own real estate in Toronto.
Sounds like a scam. If you're in Canada, though, remember that US law doesn't protect you.
I live in Brockton Mass, I received letters and phone calls by the IRS, I have been dealing with tax debt, to make a long story short I was told that I was labeled as a dependent with children but I don't have any children, I haven't done my taxes in a couple years even though I usually do but the last couple years I've been having issues because it's too far back now can't do on the computer by myself because I can't get into the account from a couple of years ago and I need help from someone but it's going to cost me, I didn't know they put this information on my file I don't know how they made that mistake but I never told him that I had kids cuz I don't, but there was charging me as a dependent, so now I'm looking at a bill that I can't afford, I don't know how to go about it I don't know what I should do if I should pay it back and I really don't want to be hauled away for tax evasion can you give me any advice
Nothing we talk about here applies to taxes. You should immediately talk to a tax law expert, either a lawyer or a CPA.
I had a third party debt collector go to court without my knowledge and somehow put a lien on my house for 3K in debt I never owed PREDITORY DEBT COLLECTOR now how do I get rid of this lien?? I live in Colorado
To get rid of a lien in Colorado you’ll need to speak with a Colorado lawyer. I don’t have any names for you but ask local lawyers who handles debt collection defense.
I'm currently being harassed by a Rental car agency stating that I owe money for a rental car that was damaged but I had full coverage Insurance through them. Also the day before was the day I was to return the vehicle but due to poor maintenance on one if the vehices I had to change it out while out of town on vacation. So they gave me a free day a courtesy free day. The vehicle was damaged and NIW there saying I owe them. How do I go about these letters and calls which are non stop?
What happened to the insurance claim?
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.
If you incur the debt, shouldn't you be responsible enough to face your obligation?
If a debt collector breaks the law, shouldn't they have to pay for their lawbreaking?
If a debt collector does not have license in your state can you use this as a reason for reason to get debt deleted?
In many cases, yes-but the real question is how. Stay tuned-we're working on our next video that talk about the steps to take to beat the debt collection.
I just started getting a bunch of phone calls that I owe money from 2015 around 900$ but haven’t received any mail and they have threatened to sue and garnish my wages but nothing is showing on my credit report I’m in SC
Getting unexpected phone calls about a debt from several years ago can be frustrating and overwhelming. Here are a few tips that might help:
1. You should research theSouth Carolina statute of limitations on various types of debt. It may be that a creditor or collector can't sue you to collect on the debt after this time period has passed.
2. If a debt collector threatens to sue or garnish wages for stale debt, that's a violation of the FDCPA and you may be able to sue.
3. If you haven't received any mail or notice from the creditor, it may be that they don't have your current address, or that they are trying to collect a debt that's past the statute of limitations.
4. You should verify the debt and ask for validation that the debt is yours and the amount they are claiming you owe is accurate.
If the creditor or collector is threatening to sue or garnish your wages and you believe the debt is not valid or past the statute of limitations, it's important to take action quickly to protect your rights and your paycheck. When debt collectors break the law in this way, you can level the playing field-and maybe even make a profit-by suing them for their illegal conduct.
I understand there are 3 states that have laws that actually eliminates the debt completely meaning no continuing efforts suing or otherwise can be made by debt collectors, do you know what states they are?
I'd need more information to figure out what you're talking about.
@@RWlawFL On another video like yours, they go into debt collections a bit further not just stop at the statute of limitations on the ability to obtain a judgment, to ensure they know that doesn't eliminate or dismiss the Debt just the ability to legally attach their assets to obtain repayment. It is legal for Collections to still pursue repayment of the debt which can remain on your credit report for years because it has not been dismissed just because the statute of limitations has been reached., just that you can no longer go through the court system to obtain a judgment. This is true in all but 3 states I understand, where their laws are the exception where the expiration of the statute does eliminate the debt too. I can't seem to find the video now so I thought I would ask you what 3 states they are?
If I understand you, you're saying that three states have laws about the statute of limitations that don't merely bar a lawsuit, they actually eliminate the debt. I know Florida does not have that rule, and I'm not aware of any other state that does.
But for practical purposes, it's very difficult for a debt collector to pursue a time-barred debt in any way without breaking the law somehow.
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
Hi, im in UK, had a letter today from debt collectors saying i owe £7000 for car finance about 5 years ago. I gave them the car back. Also it says on this letter its down as 2022! I plan on just ignoring them if they come knocking
Everything we talk about is based on US law only and wouldn't apply in the UK unless you have some similar law, so check with your local legal expert to be sure of your rights.
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’m dealing with medical debt collection in Indiana I was sent to collections after paying monthly payments.
Medical collections require a slightly different approach, and will vary from state to state. Have you been able to find anyone in Indiana who can help you with that?
@@RWlawFL no the hospital is in Illinois they sent it to Attorney’s in IL although I live in Indiana
It’s not clear to me which state law would apply.
Please tell me which law states that they can only report for 7 years . Because this doesn’t seem to be true the sol only applies to the time they have to sue you…
It’s contained in the Fair Credit Reporting Act.
Hello, I'm in California but my old vehicle was registered in AZ. However the issue I am having is this : I was traveling with my vehicle to move to California but my car completely broke down and was not drivable. So a junk yard picked it up. This junkyard told me if I pay the amount it was held at the junk yard and sign the vehicle over to them they would not have me pay anything with collections. However now a few weeks after the sale of the vehicle I have a collection notice of over 2 grand!! And I called my local DMV to see if this was a smart choice and if I needed anything in writing.. and I was told nothing should go past the deal we made and I called the junk yard and they said the same.. so what should I do? I have to call or set a payment plan really soon!! Help.
You'll probably need to speak to a lawyer in the state where the junkyard is, because that's going to be a question of state law.
Hello I’m in Ohio I’m looking to clear debt and
Exercise my consumer rights as a consumer
Check out our Debt Collection Battle Plan video.
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.
Thank you for your videos. What is the impact of a debt collection agency that isn't licensed in the state of the debtor (also the state where were the "debt" occurred)?
If they are violating a state licensing law, the consequences will vary depending on the law of that specific state. It probably doesn't affect the validity of the debt they are trying to collect.
I used to own a collection agency, the only state I know of that requires a collection agency to have an office in their state is CT. Otherwise wherever they are located they can collect nationwide, but if their violate the FDPCA, report it to your state's attorney's office.
@@markscott5421 I know know about states other than Florida, but we don't require a local office here.
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 need advice on what to do with my situation.
My grandparents moved out of a rental they lived in for 10+ years in 23 paid for a contractor to fix the place up, my grandpa died soon after moving from the rental and the landlord is trying to charge my grandma 3,900, he first sent debt collectors and then switched to a law firm.. my grandma is on social security she gets 2,800, thats her only income. ON TOP of all that we are currently fighting my grandpa's son in Probate, he wants half of the house my grandparents just bought, where my grams lives. That is costing 5k +
Sounds like you need a lawyer in your state, fast. What state are you in?
I get letters and they are on my credit report. My goal is to get them off my report and stop the letter. I'm disabled so can't really write letter. I disputed with the cred bureus it's on and with the debt collector n afraid they might take me to court which didn't happen yet. I don't haveoney to pay them. I love in NY! 6:37 6:37 6:37 6:37
Check out our Debt Collection Battle Plan video.
I'm 15k in dept collection its one for 12k and some Change and the other us 2k and some change. I live in Chicago. I'm unsure about where it came from. But when I noticed it I disputed it right away. I'm waiting to hear back from the company I hired. Also it was two address on my credit report, well 3. 2 old ones and all three bearous don't share the same info as I was told.
Good luck on your dispute!