I am in Washington state. A lawyer once told me that I can safely issue the cease and desist order and not worry about being sued. The reason for this is because I am on Social Security disability and it’s not garnishable income. So, even if I lose the case, I still win!
Hey I'm in Florida I'm on social security disability and I have got involved with a debt consolidation company I can't do this I'm dinking like crazy. What do I do
Just because you’re on SS DOESN’T MEAN they can’t place a lien on any property. Also, depending, if they get a judgement they can EXECUTE and TAKE it out of your bank account.
When receiving a letter from a 3rd party debt collector immediately send them a letter back stating they MUST provide you with your original debt document and that ALL future communications MUST be in writing and that they MUST cease all telephonic communications. FDCPA outlines ALL of this.
I did pay a small legit debt that occurred at the time of becoming disabled. It took a while, But I did it. Now I have excellent credit above 800 for over 7 years in a row.
IMO, it depends on the consumers education about law and debt collecting whether they would/should pay to delete negative accounts on their credit report, or whether they would pay a debt collector who sends them a demand for payment. That said, it pays for consumers to listen and learn from the content you and other attorneys provide in your youtube videos. In my personal experience, in 2004 I paid a large amount of $$ to debt collectors so they would NOT ruin my credit, I did this through lack of knowledge about the law and how debt collectors easily violate the FDCPA. Then one day I decided to buy a book from NOLO all about disputing debt and holding debt collectors accountable. Suffice it to say, I no longer pay debt collectors and I will not hesitate to sue them when they violate my rights and the FDCPA. A simple education goes a long way. I will never stop learning.
> it pays for consumers to listen and learn from the content you and other attorneys provide in your youtube videos. Thank you! > I will not hesitate to sue them when they violate my rights and the FDCPA. If more people decided to do this, fewer debt collectors would break the law. > A simple education goes a long way. I will never stop learning. Good for you!
I live in Tennessee. I've always just ignored collections and contact attempts from debt collectors. This was never a problem until I had a card with Bank of America, and I had two local creditors try to collect from me. All 3 went to court against me. One my lawyer was able to get thrown out. One they won a request for garnishment, so I went to my local court and filed a motion to have it setup on a payment plan. Bank of America I ended up settling.
@@RWlawFL Thanks for all your helpful information. Do you know anything about this IRS intercept thing, where certain agencies can request a direct intercept of your tax return and take an amount out of your tax refund that is owed for a traffic ticket? This recently happened to me, despite the fact that I sent a letter to the collector objecting on several grounds, including the fact that the statute of limitations had run out on that debt. They didn't have to sue me to get the funds.
We don't know much about IRS intercepts because they seem to relate mostly to government-based claims. Those aren't covered by the FDCPA and so they're really not related to what we do.
I 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
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.
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 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!
Hiring a lawyer is so expensive unless you have a friend or family relative. My times you can negotiate before a bill reaches collections. Especially a medical bill. You can file for financial hardship by writing a letter to the billing dept on the bill Try not to let debts go to collections. Try to resolve before that happens. It will save you a lot of money. Many people including me cannot afford a lawyer
Dealing with debt and looking to improve your credit score in Mississippi can be challenging, but it's definitely achievable. First, ensure that any debts are valid and accurate. You have the right to dispute any inaccuracies on your credit report. Additionally, consider working with a consumer rights attorney in Mississippi who can provide specific guidance on your situation.
I 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.
So I am experiencing a range of different issues regarding collections. So I just wanted to start with this question. What if you receive a letter from a debt collector requesting for you to pay a debt that has already been paid, but you no longer have any proof of the debt being paid because it was so long ago?
I live in Texas. I saw a previous comment about it being illegal for a debt collector to collect a debt when the original creditor never informed you of the debt to begin with. If this is correct, what recourse do I have since the debt collector has already reported this debt to the credit bureau? The debt is mine but I was totally unaware of it until I received the collection letter. I received nothing from the original creditor regarding this debt. I'm trying to buy a house and this has thrown a monkey wrench into the process. I was set to tell them I'm willing to pay up just to get it removed from my credit report. But now I'm not so sure. Any advice is appreciated.
I live in Ohio, Ive been getting phone calls and I got a letter. I am most certain this is related to my hospital and medical bills, which I have been paying monthly, to the hospital. One bill is from 2019. I had a verbal agreement over the phone to pay "x" amount per month, and I kept up on my end of deal.
I had an interesting conversation with a debt collector. I told her that I think that I may have to file bankruptcy and then she said that how are you going to file bankruptcy if you don't have money? What I could've said was if you really think that I don't even have money to file bankruptcy, how can you possibly expect to sue me in court and force money out of me that I don't have? To me this makes no sense at all. They can't just drag me into court, get a judgment against me and then bam, magically all the money that I owe will just magically appear in my wallet to pay my debt. Debt collectors are so delusional.
> I had an interesting conversation with a debt collector. No such thing, really. > Debt collectors are so delusional. Correct. Don't waste a single second of your life talking to a debt collector on the phone. Instead, find ways they're breaking the law, sue them, put money in your pocket, and get them out of your life forever.
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'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!!
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!
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.
Hi. I wonder what happens if they take you to court and they win and let’s say they sat payments and you still do not pay the payments? And if you have no income, or property, what happens than?
In Florida, if someone wins a lawsuit, they get a judgment against you. Then they get to investigate all your finances-copies of all your bank statements, tax returns, and so on-until they find something they can take from you. They don't always find something, but having to let them look is usually pretty unpleasant.
I’m 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 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 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.
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.
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 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.
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 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.
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.
It's ALWAYS a necessity to have them prove the debt to you, ask them questions like. "Who is this debt for?" "How much is the debt?" "What date did this occur" Ect... The number of times "Debt collectors" Have called me and demanded payment before even introducing themselves is stupid. Most of those were scams, CONFIRM the debt is legit first before doing what the video says :)
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!)
Hi Mike, I keep getting calls from Portfolio Associates. They never leave a message and I also get letters to pay a percentage of the debt by a certain date and amount, what do you suggest?
If you set up a payment plan, you re-start the 6yr(in WI) clock for statute of limitations. If you ignore them, they will sue you. If they win, they can take out funds from your bank without even notifying you. So, the best thing you can do is to go to court and win!
We live in a post covid world where a whole lot of people lost their jobs and fell on hard times. Debt collectors smell the blood and are sharks circling the waters. Credit , debt is only as powerful as you allow it to be. It’s a human construct. If you want to pay it, pay it, if you don’t want to, don’t do it. I personally don’t believe in it so i won’t be paying. Don’t play their game. Rise above, take the power back.
That's a great philosophy as long as you don't get sued. Then you need to pay attention or you'll find yourself having money removed from you by force.
@@RWlawFL I work under the table, they'll have to come into my bedroom and look under the mattress... I'd shoot them in the head before they got in through the front door.
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
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 get text messages from a debit collector. I click block, they are not in my contacts. The message keeps coming. I don’t know what it’s for. The only way to find out is to respond to the text. Then they got me locked in. Could be a hospital bill from when I had Covid. I did not have insurance at the time. I’m a senior now on Medicare but I’m still working. I feel like any day I’ll get served. Then what do I do. I live paycheck to paycheck. I live in NE.
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!
In Florida, even if you are sued, how can a debt collector force you to pay in you are "head of household" and have nominally disposable income. Are you exempt from wage garnishment? Furthermore, if your home and car are jointly owned with a spouse and the debt is in your name alone, they can not even put a lien on your property. Correct?
A judgment lasts twenty years and can be renewed. That means that they'll just wait until you're no longer head of household, no longer hold your vehicles jointly, and no longer qualify for other exemptions. And every time you get a new job, they'll try to garnish your new wages-exposing your situation to your new boss-and make you prove once again that you qualify for an exemption. In addition, they can periodically-usually about once a year-make you fill out a detailed questionnaire about your finances, and if you fail to respond or fail to give complete and truthful disclosures, they'll ask the judge to hold you in contempt of court. Also, for the twenty-plus years that judgment is sitting there, you can't get a home loan. You might not be able to get a car loan-at least not one you'd want. It will show up every time you apply for anything financial or sensitive. For some people, none of this matters. For most of the people I talk to, it's better to stop the problem as soon as you can. Check out our Debt Collection Battle Plan video for more information.
I had 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 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.
In CALIFORNIA. Oliphant has been bugging me to pay a debt. Never have had a collection in my life. Have sent several letters with pay to delete. All they do is send me a letter verification of debt for $134.
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?
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?
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 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.
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.
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?
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/
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
Hey Mike. Mr B in Alabama. I helped my grand daughter get a car. She sais she would make the payments. Well she lost her job, got 4 payments behind and told me to pick up the car. I did and the credit bank came and repoed the car. Now I think they are going to sue. Im on social security but I also have a part time job. Im a bit afraid of what is to come. Bankruptsy?
Good afternoon. This is just for reflection, but here in the UK we have some established laws that offer protection. The Bills of Exchange Act section 23 almost certainly stipulates that there would need to be a signed contract between us and the collector. We have entered into no contract (this is like the theory you refer to), but the bill, from 1882 seems quite clear. We also have a Statute Barred Debt situation which means that if they haven’t got you in six years, they have taken too long. I think that the theory is helpful. Even the academic literature discusses the difficulties of a third party extracting money from you. When they buy the debt, and with it, personal data, this appears to be a breach of data protection law. In court they would have to prove that you owed them money. Presumably a photocopy of a document would be insufficient. Black’s Law Dictionary is a reference tool that defines terms like Proof and Verification and these are more demanding than what most collectors would be able to do. Cheers Peter
i live in nevada they have to prove this .What do debt collectors need to provide as proof of debt? This usually means producing proof that the debt was assigned to it. Often such proof will be a bill of sale, an "assignment", or a receipt between the last creditor holding the debt and the entity suing you. i found this out watching all your videos an what to look for in the laws. thank you so much you have taught me so much
Oregon, I have a debt collector claiming a credit debt i was told it was establishing in 2010 its now 2024 oregon Has a 6 yr statue of limitations. They have threatened to place a lien on my property I'm homesteading.Im on SSDI, this has not been on my credit report. An as of 2010 I had separated from my husband. I believe he took out the Credit using my social, he died 4months to the day after divorce in 2011 A short time after.he passed my daughter used my social, i discovered 14 phones an 7 apartments over a few years, It has been devastating. An now this threat of a lien on my acre of land. HELP ADVISE APPRECIATED! Im Scared I can't afford to be homeless or this extra expense thank you. They claim 1,500 an reduced to 650 if I paid them.100 as of today or else.
I always had excellent credit. I am 77. In the last 4-5 months, I have been unable to pay my bills due to an unfortunate situation. My only income is worker's compensation. I rec'd a letter from an attorney debt collector. I don't know if I should write back explaining that. Can they try to take my house for credit card debt? My credit score has been slashed in half.
In Florida, they can't take your house. Other states have different rules. Check out our dispute letter videos and consider talking to a lawyer in your state who handles FDCPA cases.
I have been finding collection threat actions from a lawyer, then a different law firm and so on. It's for some payday loan place I never heard of. Then I looked at list the company alias loan places and I recognized one I did apply for but never received. Oh and all the emails were in spam. Can they garnish if I'm on social security? I am dealing also with long term identity theft
Hello I’m in Texas this for payday that was 300 now it’s 720 they been calling about a claim that I had nothing about and then I called the number to talk to them and then this lady kept calling me saying they were gonna go to my old job that I don’t work at but she said they have proof. I still worked there when that’s a lie I tried to make an agreement because I don’t wanna go to court but now I don’t know what to do. Should I pay them? I haven’t been served so I don’t know if it’s a scam.
@@RWlawFL Seriously thinking about pay for delete. I need it done yesterday. It's affecting my ability to get great financing for real estate deals. In addition, adding a secured card with a substantial deposit to mix will help as well.
@@RWlawFL You are correct - we're getting them on the phone next week to take care of this. On the off chance they won't delete...what do you think of the "...Endorsement of this check settles the debt...delete within 30 days..." note written at bottom of the check? Also, I really appreciate your engagement on this post.:)
We're glad our engagement helps! I don't think much of the endorsement tactic, unless there's a genuine agreement to do that. The courts will see through it and consider it an unfair trick. If they don't take your offer, check out some of our other videos on wiping out debt through finding FDCPA violations, and using the FCRA to remove inaccurate, obsolete, and incomplete information.
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.
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?
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)
I have medical collections that are heavily impacting my credit score. I'm on a payment plan but just found out they will not delete these even when paid off. What should I do
> just found out they will not delete these even when paid off Who's telling you that? Most medical will be removed, but if someone is lying to you, that's a problem.
@@RWlawFL The collection company told me that. I have 3 accounts in credit bureau but they also have a few more that are not there yet because I am paying on them. I wanted to pay the 3 off to remove and that's when they said they don't delete
What a dumb thing for them to say. Why would you pay, if it’s not going to be removed from your credit report? What they’re not telling you, is that the bureaus generally (but not always) remove medical debt once it’s paid off. But I wouldn’t trust these debt collectors, since they obviously don’t know what they’re talking about.
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.
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.
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.
Florida here, I got sick, got laid off while in hospital, Disabled, lost home had to move to Florida . Trying to get SSID, been denied once already, sued from creditors for inability to pay. I'm also a disabled veteran , only receive disability from VA. Don't want them to try to take my disability away because it the only income I have. currently staying with family, to avoid homelessness.
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.
If you’re getting garnished you’ve already lost the case, unfortunately. In Florida, (and in most states) you’ll be able to claim certain exemptions if you’re eligible. These are all contained on the form Florida requires to be given to you. If you don’t qualify for any exemptions, what little money you do have maybe taken from you.
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
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
Thats right, Cease And Desist letter because most laws state you dont have to do business with 3rd party collection agencies!!! Collection agencies are powerless unless you do what they say. They have no law backing them in Oklahoma and many other states. Its state law in Oklahoma. Check your state's laws!
I can't speak for Oklahoma but federal law allows you to send a C&D to third-party debt collectors. That doesn't mean you can stop them from suing you. In Florida, that's where we come in and turn the tables.
I 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 have 2 collections from LVNV funding that were literally resold to another collection agency called resurgent capital services. Is that allowed , does the collection clock of seven years restart and what are the laws?
LVNV and Resurgent are affiliated companies that share ownership so they're just moving htings around internally. The seven year clock is a limit on reporting, not collecting. Any limit on collecting would be a state-based statute of limitations. If you're in Florida, give us a call right away.
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 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
In the state of Nevada, Dad died in March of 2023, the attorney recommended not to pay, there are only 2 credit cards, a family member put charges over years on one, I used the other for household expenses, paid $1000 on the day he passed. Then told not to pay. Dad was in the hospital for over a year...I think we should over to settle...any suggestions, thanku...
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!!!
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.
![How much time do debt collectors have to sue you? [statute of limitations]](http://i.ytimg.com/vi/TeK09B6IVBo/mqdefault.jpg)
![How much time do debt collectors have to sue you? [statute of limitations]](/img/tr.png)
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!
In Florida, Just called and left a message for a call back. Will keep you guys posted.
Looking forward to speaking with you!
IMO, it depends on the consumers education about law and debt collecting whether they would/should pay to delete negative accounts on their credit report, or whether they would pay a debt collector who sends them a demand for payment. That said, it pays for consumers to listen and learn from the content you and other attorneys provide in your youtube videos. In my personal experience, in 2004 I paid a large amount of $$ to debt collectors so they would NOT ruin my credit, I did this through lack of knowledge about the law and how debt collectors easily violate the FDCPA. Then one day I decided to buy a book from NOLO all about disputing debt and holding debt collectors accountable. Suffice it to say, I no longer pay debt collectors and I will not hesitate to sue them when they violate my rights and the FDCPA. A simple education goes a long way. I will never stop learning.
> it pays for consumers to listen and learn from the content you and other attorneys provide in your youtube videos.
Thank you!
> I will not hesitate to sue them when they violate my rights and the FDCPA.
If more people decided to do this, fewer debt collectors would break the law.
> A simple education goes a long way. I will never stop learning.
Good for you!
I live in Tennessee. I've always just ignored collections and contact attempts from debt collectors. This was never a problem until I had a card with Bank of America, and I had two local creditors try to collect from me. All 3 went to court against me. One my lawyer was able to get thrown out. One they won a request for garnishment, so I went to my local court and filed a motion to have it setup on a payment plan. Bank of America I ended up settling.
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.
I love your videos. The one thing that people should be aware of also and if you can talk about this in one of your videos is zombie debts. I had someone contact me telling me that they were hired by the original creditor to sue me for a so called debt that I owed from 15 years ago, but they wouldn’t give out any information like their location just what state that they were in and wouldn’t send a letter of validation when asked. It turned out that they are scammers and prey on people who don’t know their consumer rights. That deeply needs to be addressed
We talk about time limits in other videos, and scamming is definitely illegal.
The real problem is catching the scammers.
As far as I know.. A Collection Agency can not pursue you for a debt that is over 7 Years old.. It happened to me.. A Debt I had for 9 years.. A Collection Agency came after me for.. But I have not paid them because I know that the debt I owed is out of bounds now..They Haven’t Bothered Me Anymore About It
I'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.
“Never” negative energy
“Pay” negative energy
“Always Receive” positive energy
You might enjoy our extremely positive videos about how to "Make Them Pay You"!
ruclips.net/video/KGBxlwKZ3Ro/видео.html
Definitely the best in the business as far as I'm concerned. Hope you guys have a happy holiday!!
Earl, thanks a bunch! We hope you have a great Thanksgiving.
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)
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 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 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.
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
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 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.
Thank you for this video. Very, very helpful.
Glad it was helpful!
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 can’t get enough of your content! 😆
Glad you like it!
So I am experiencing a range of different issues regarding collections. So I just wanted to start with this question. What if you receive a letter from a debt collector requesting for you to pay a debt that has already been paid, but you no longer have any proof of the debt being paid because it was so long ago?
We would very likely sue the debt collector for that. If you’re in Florida, reach out to us. ricardolaw.com/contact/
I live in Texas. I saw a previous comment about it being illegal for a debt collector to collect a debt when the original creditor never informed you of the debt to begin with. If this is correct, what recourse do I have since the debt collector has already reported this debt to the credit bureau? The debt is mine but I was totally unaware of it until I received the collection letter. I received nothing from the original creditor regarding this debt. I'm trying to buy a house and this has thrown a monkey wrench into the process. I was set to tell them I'm willing to pay up just to get it removed from my credit report. But now I'm not so sure. Any advice is appreciated.
In Texas, lawyers Bill Clanton and Daniel Ciment can tell you what you can do next to protect your rights.
I live in Ohio, Ive been getting phone calls and I got a letter. I am most certain this is related to my hospital and medical bills, which I have been paying monthly, to the hospital. One bill is from 2019. I had a verbal agreement over the phone to pay "x" amount per month, and I kept up on my end of deal.
Sounds like they might be violating federal law. Save all your phone records and voice mails, and see if you can find a lawyer to review them for you.
I had an interesting conversation with a debt collector. I told her that I think that I may have to file bankruptcy and then she said that how are you going to file bankruptcy if you don't have money? What I could've said was if you really think that I don't even have money to file bankruptcy, how can you possibly expect to sue me in court and force money out of me that I don't have? To me this makes no sense at all. They can't just drag me into court, get a judgment against me and then bam, magically all the money that I owe will just magically appear in my wallet to pay my debt. Debt collectors are so delusional.
> I had an interesting conversation with a debt collector.
No such thing, really.
> Debt collectors are so delusional.
Correct. Don't waste a single second of your life talking to a debt collector on the phone. Instead, find ways they're breaking the law, sue them, put money in your pocket, and get them out of your life forever.
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.
Good video Mike!
Thanks John! Missed you at the conference this weekend. Hope you had a productive week. Let's chat soon!
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.
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.
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!
Hi. I wonder what happens if they take you to court and they win and let’s say they sat payments and you still do not pay the payments? And if you have no income, or property, what happens than?
In Florida, if someone wins a lawsuit, they get a judgment against you. Then they get to investigate all your finances-copies of all your bank statements, tax returns, and so on-until they find something they can take from you.
They don't always find something, but having to let them look is usually pretty unpleasant.
I’m 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 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 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?
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.
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 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.
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.
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!
I am being taken to court by Zwicker and associates. I do not want to go to court. I just received the letter yesterday here in Utah
You need a Utah lawyer to take care of this for you.
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.
It's ALWAYS a necessity to have them prove the debt to you, ask them questions like.
"Who is this debt for?"
"How much is the debt?"
"What date did this occur" Ect...
The number of times "Debt collectors" Have called me and demanded payment before even introducing themselves is stupid. Most of those were scams, CONFIRM the debt is legit first before doing what the video says :)
Or.... never talk to debt collectors on the phone. They have to give you all that information in writing anyway.
@@RWlawFL Also true!
Exactly!
@@RWlawFLWhat about when you negotiate? Don't you need to call them?
We do it in writing. Phone calls can't protect you.
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.
Hi Mike, I keep getting calls from Portfolio Associates. They never leave a message and I also get letters to pay a percentage of the debt by a certain date and amount, what do you suggest?
See my other comment about the phone calls.
Forget about the offers they’re making and watch our “Negotiate Better” video.
If you set up a payment plan, you re-start the 6yr(in WI) clock for statute of limitations. If you ignore them, they will sue you. If they win, they can take out funds from your bank without even notifying you. So, the best thing you can do is to go to court and win!
Check out our recent posts about "Total Victory."
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.
We live in a post covid world where a whole lot of people lost their jobs and fell on hard times. Debt collectors smell the blood and are sharks circling the waters. Credit , debt is only as powerful as you allow it to be. It’s a human construct. If you want to pay it, pay it, if you don’t want to, don’t do it. I personally don’t believe in it so i won’t be paying. Don’t play their game. Rise above, take the power back.
That's a great philosophy as long as you don't get sued. Then you need to pay attention or you'll find yourself having money removed from you by force.
@@RWlawFL I work under the table, they'll have to come into my bedroom and look under the mattress... I'd shoot them in the head before they got in through the front door.
And now the IRS knows. Maybe skip the part where you talk about things online that the Feds might want to arrest you for.
@@RWlawFL I'm not afraid of the FED or the IRS. They are both cancer and should be treated accordingly.
You do you.
For most people, this would be a bad plan.
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.
In Texas they can not garnish wages. Per the Texas constitution.
That's great.
What CAN they take from you?
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.
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.
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 get text messages from a debit collector. I click block, they are not in my contacts.
The message keeps coming. I don’t know what it’s for. The only way to find out is to respond to the text. Then they got me locked in. Could be a hospital bill from when I had Covid. I did not have insurance at the time. I’m a senior now on Medicare but I’m still working. I feel like any day I’ll get served. Then what do I do. I live paycheck to paycheck. I live in NE.
They might be breaking the law. Look fora lawyer in NE who handles FDCPA cases.
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!
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 live in NC and was never contacted once about the debt owed. A 500 plane ticket is now 8000 dollars owed.
That sounds pretty extreme.
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 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.
In CALIFORNIA. Oliphant has been bugging me to pay a debt. Never have had a collection in my life. Have sent several letters with pay to delete. All they do is send me a letter verification of debt for $134.
If they’re not doing anything besides sending letters, sounds like you might be able to ignore them. But check with a California lawyer.
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?
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.
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 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.
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.
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.
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/
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.
Hey Mike. Mr B in Alabama. I helped my grand daughter get a car. She sais she would make the payments. Well she lost her job, got 4 payments behind and told me to pick up the car. I did and the credit bank came and repoed the car. Now I think they are going to sue. Im on social security but I also have a part time job. Im a bit afraid of what is to come. Bankruptsy?
No BK just yet. Go talk to Alabama lawyer John Watts.
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?
Good afternoon. This is just for reflection, but here in the UK we have some established laws that offer protection. The Bills of Exchange Act section 23 almost certainly stipulates that there would need to be a signed contract between us and the collector. We have entered into no contract (this is like the theory you refer to), but the bill, from 1882 seems quite clear.
We also have a Statute Barred Debt situation which means that if they haven’t got you in six years, they have taken too long.
I think that the theory is helpful. Even the academic literature discusses the difficulties of a third party extracting money from you.
When they buy the debt, and with it, personal data, this appears to be a breach of data protection law.
In court they would have to prove that you owed them money. Presumably a photocopy of a document would be insufficient. Black’s Law Dictionary is a reference tool that defines terms like Proof and Verification and these are more demanding than what most collectors would be able to do.
Cheers
Peter
This is why I don’t talk about UK law-I know so little about it!
i live in nevada they have to prove this .What do debt collectors need to provide as proof of debt?
This usually means producing proof that the debt was assigned to it. Often such proof will be a bill of sale, an "assignment", or a receipt between the last creditor holding the debt and the entity suing you. i found this out watching all your videos an what to look for in the laws. thank you so much you have taught me so much
We're glad we could help!
The MAIN thing to do if you are sued, is to SHOW UP for court. If you don't., the collection attorney WINS by default!
Agreed!
Oregon, I have a debt collector claiming a credit debt i was told it was establishing in 2010 its now 2024 oregon Has a 6 yr statue of limitations. They have threatened to place a lien on my property I'm homesteading.Im on SSDI, this has not been on my credit report. An as of 2010 I had separated from my husband. I believe he took out the Credit using my social, he died 4months to the day after divorce in 2011 A short time after.he passed my daughter used my social, i discovered 14 phones an 7 apartments over a few years, It has been devastating. An now this threat of a lien on my acre of land. HELP ADVISE APPRECIATED! Im Scared I can't afford to be homeless or this extra expense thank you. They claim 1,500 an reduced to 650 if I paid them.100 as of today or else.
You've got to contact an Oregon lawyer right away. This may just be a scam, but if it's real, an Oregon lawyer can help you sort it out.
I always had excellent credit. I am 77. In the last 4-5 months, I have been unable to pay my bills due to an unfortunate situation. My only income is worker's compensation. I rec'd a letter from an attorney debt collector. I don't know if I should write back explaining that. Can they try to take my house for credit card debt? My credit score has been slashed in half.
In Florida, they can't take your house. Other states have different rules. Check out our dispute letter videos and consider talking to a lawyer in your state who handles FDCPA cases.
I have been finding collection threat actions from a lawyer, then a different law firm and so on. It's for some payday loan place I never heard of. Then I looked at list the company alias loan places and I recognized one I did apply for but never received. Oh and all the emails were in spam. Can they garnish if I'm on social security? I am dealing also with long term identity theft
If this is a "real" debt collector, they're probably breaking the law, along with the payday loan place.
thank you for the info I will be looking for your website god bless you
Link is in the description!
Hello I’m in Texas this for payday that was 300 now it’s 720 they been calling about a claim that I had nothing about and then I called the number to talk to them and then this lady kept calling me saying they were gonna go to my old job that I don’t work at but she said they have proof. I still worked there when that’s a lie I tried to make an agreement because I don’t wanna go to court but now I don’t know what to do. Should I pay them? I haven’t been served so I don’t know if it’s a scam.
There are two Texas lawyers you might want to call: Bill Clanton and Daniel Ciment.
Debt collection can happen to anybody at any time! Audience wishes hapless victims all the best. Cheers!
We help fight back.
Great video. I have two small collection accounts that I want to get rid of. Those accounts and my lack of credit are torching my scores.
We talked about your options in this video-which one are you going to take?
@@RWlawFL Seriously thinking about pay for delete. I need it done yesterday. It's affecting my ability to get great financing for real estate deals. In addition, adding a secured card with a substantial deposit to mix will help as well.
Don’t just think about it, make the offer. They want money, you want a better credit report. Most debt collectors are willing to make that deal.
@@RWlawFL You are correct - we're getting them on the phone next week to take care of this. On the off chance they won't delete...what do you think of the "...Endorsement of this check settles the debt...delete within 30 days..." note written at bottom of the check?
Also, I really appreciate your engagement on this post.:)
We're glad our engagement helps!
I don't think much of the endorsement tactic, unless there's a genuine agreement to do that. The courts will see through it and consider it an unfair trick.
If they don't take your offer, check out some of our other videos on wiping out debt through finding FDCPA violations, and using the FCRA to remove inaccurate, obsolete, and incomplete information.
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.
New York city send me to the collections department for a camara bus line ticket, do I have to pay it?
I'm not even sure what that is, so I don't know.
I 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.
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)
I have medical collections that are heavily impacting my credit score. I'm on a payment plan but just found out they will not delete these even when paid off. What should I do
> just found out they will not delete these even when paid off
Who's telling you that? Most medical will be removed, but if someone is lying to you, that's a problem.
@@RWlawFL The collection company told me that. I have 3 accounts in credit bureau but they also have a few more that are not there yet because I am paying on them. I wanted to pay the 3 off to remove and that's when they said they don't delete
What a dumb thing for them to say.
Why would you pay, if it’s not going to be removed from your credit report?
What they’re not telling you, is that the bureaus generally (but not always) remove medical debt once it’s paid off.
But I wouldn’t trust these debt collectors, since they obviously don’t know what they’re talking about.
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.
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.
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.
Florida here, I got sick, got laid off while in hospital, Disabled, lost home had to move to Florida . Trying to get SSID, been denied once already, sued from creditors for inability to pay. I'm also a disabled veteran , only receive disability from VA. Don't want them to try to take my disability away because it the only income I have. currently staying with family, to avoid homelessness.
They almost certainly can't take away your disability.
What, if anything, are they threatening you with?
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.
Court action - but I don’t have the money. How can I avoid garnishment and what steps should I take?
If you’re getting garnished you’ve already lost the case, unfortunately.
In Florida, (and in most states) you’ll be able to claim certain exemptions if you’re eligible. These are all contained on the form Florida requires to be given to you.
If you don’t qualify for any exemptions, what little money you do have maybe taken from you.
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.
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.
Thats right, Cease And Desist letter because most laws state you dont have to do business with 3rd party collection agencies!!! Collection agencies are powerless unless you do what they say. They have no law backing them in Oklahoma and many other states. Its state law in Oklahoma. Check your state's laws!
I can't speak for Oklahoma but federal law allows you to send a C&D to third-party debt collectors.
That doesn't mean you can stop them from suing you. In Florida, that's where we come in and turn the tables.
I am in Florida..I got a letter from O&L law group stating they have been retained for the collectors. I cant pay this debt anyway, what should I do?
We deal with O&L all the time. Give us a call: ricardolaw.com/contact/
I 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 have 2 collections from LVNV funding that were literally resold to another collection agency called resurgent capital services. Is that allowed , does the collection clock of seven years restart and what are the laws?
LVNV and Resurgent are affiliated companies that share ownership so they're just moving htings around internally.
The seven year clock is a limit on reporting, not collecting. Any limit on collecting would be a state-based statute of limitations.
If you're in Florida, give us a call right away.
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 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.
In the state of Nevada, Dad died in March of 2023, the attorney recommended not to pay, there are only 2 credit cards, a family member put charges over years on one, I used the other for household expenses, paid $1000 on the day he passed. Then told not to pay. Dad was in the hospital for over a year...I think we should over to settle...any suggestions, thanku...
It sounds like you need to have another conversation with your attorney.
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/
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.