Debt Collection Live Q&A [replay] Florida lawyer Mike Wasylik answers your questions
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- Опубликовано: 11 апр 2022
- Florida debt defense lawyer Michael Wasylik goes LIVE to answer questions about fighting debt collection in Florida.
Bring your questions! 
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I just wanted to reach out and say thank you so much!! This firm handled one of my lawsuits from Calvary. They did everything they said they would. They also were the absolute most responsive lawyers I have ever met or worked with. I cannot recommend this great team enough!!!
We are SO grateful we could help you. Thanks for the comment!
Great information!
Glad you liked it!
I missed the live , I hope you go live more often I live in Florida evenings is best . After 6 pm
We missed you. We hope to do more of these but after 6pm is tough on my family.
I like this Q&A. I live in Florida. Weekend s or evenings are best for me though.
Thanks!
Hi Michael! Thank you for sharing your knowledge on this platform. I'm in Texas and could appreciate comparable quality service as yours. I did try to reach out to Bill here in San Antonio, but his office is pivoting its focus and the type of cases taken on with new clients. Do you know any other attorneys in Texas able to assist?
You can ask Bill for a recommendation, and you can also call Daniel Ciment cimentlawfirm.com/
Thank you, this Q&A was great, and I would be interested in seeing more. I did have a question and I'm in NJ. I received a notice from a debt Attorney with a creditor called Calvary. When I disputed this creditor and requested verification, they sent back a bunch of statements from Macys which I recognize.They sent it along with a Bill of Sale showing a bulk of Macy's accounts sold to Calvary. It doesn't reference my account number or name anywhere on these documents. They also sent a print out of the credit card agreement which says nothing about them selling to a third-party. They want me to call them after I reviewed the batch. Would love to know how best to proceed or if you could recommend an attorney in NJ. Thank you!
Glad you liked it. I want to do more of these.
Unfortunately, I am little or no help in NJ, because we're not licensed there and don't know NJ state laws.
Edit: If you're looking for a NJ lawyer, call Subhan Tariq: 718-674-1245
I would NOT call a debt collector on the phone, ever. This video explains why: ruclips.net/video/z_DqQhfQpEE/видео.html
If you're looking for a NJ lawyer, call Subhan Tariq: 718-674-1245
I'm in Florida and being sued by credit corp solutions.
Trial set for September 15th. I'm thinking to file a counterclaim based on the fact that they didn't disclose dispute opinions and notice of validation (1006.34).
The problem is I don't have the collection notice they sent me and I've been looking for their sample collection notice but no luck.
Any advice would be greatly appreciated.
Thank you for your videos.
Please call reach out to us right away.
ricardolaw.com/contact/
You’re about to make some mistakes that we can help you avoid.
What to do about charge offs that were settled for less than original amount? Can it get removed? How to challenge these with a dispute?
Once you’ve paid, you’ve lost all leverage to negotiate a “pay for delete” so your mostly likely option is to just wait for it to roll off.
The only way to dispute is if the entry is inaccurate, incomplete, or obsolete.
Do you have any recommendations for an attorney in Tennessee, specifically Middle Tennessee?
John Watts can work with you on TN cases. I did a live Q&A with John here:
ruclips.net/video/IZfm9B2Uwzw/видео.html
I’ve asked in a written certified letter to the credit bureaus to update my name giving them proof that of my name verses the different versions of my name is entirely different. In the past this has always messed up my credit. I’m a Jr and I’ve had trouble with my credit profile mixing with my Dads who is now deceased. I want to make a clear distinction between me, him and any other person with a similar name. One bureau specifically ( equifax ) has yet to change my name on my credit report even though I have sent a letter and call on various occasions. This will be my second letter that I’m sending out. If this attempt doesn’t work, what should I do? I live New York City is there possibly someone that you can refer me to for legal advice. Love the channel, thanks for the info! ❤️
> I’m a Jr and I’ve had trouble with my credit profile mixing with my Dads who is now deceased.
This is called a "mixed file" violation, is a common basis to sue credit bureaus, and can result in large jury awards-sometimes in the six-figure ranger.
I understand you're in New York City so if you call me for an appointment I can discuss referring this case out. ricardolaw.com/contact/
I've been watching a few of your videos and I'm curious. First off, would all of the things you've mention in regards to debt collection/collectors also apply to private student loans? I know when it comes to bankruptcy at least, an adversary hearing would take place first; but I also know that due to McDanial v Navient the 5th and 10th Circuit confirmed that the non-conditioned or whatever it's call type of private student loans would actually fall into the same category as credit card debt instead of student loans. So I'm assuming the process in order to collect a debt on it would be the same as collecting a debt by a credit card company? Also, what type of account information and number of times does a debt collector have to provide without confirming they are talking to the correct person? I've had Navient call me multiple times and not confirm they are talking to the correct person and give out account information. Though I don't have it recorded, but they claimed to record all conversations.
> would all of the things you've mention in regards to debt collection/collectors also apply to private student loans?
If they are being collected by "debt collectors", then yes.
> So I'm assuming the process in order to collect a debt on it would be the same as collecting a debt by a credit card company?
Generally speaking, yes.
> I've had Navient call me multiple times and not confirm they are talking to the correct person and give out account information.
This only becomes a violation if they disclose your private information to someone other than you.
@@RWlawFL Two more questions also. In FL, would simply acknowledging a debt restart the statute of limitations or would the debtor have to make a payment in order to restart it? And why would a creditor say that they need to keep a "line of communication open?"
I need to settle a debt with synchrony bank and I'm doing the negotiation via postal mail, should I sign the letter with my real signature or can I just type my name? Is it safe for them to know my real signature? And do I have to have the letters notarized?
You don’t need to notarize the letter or use anything but a typed signature.
Do you have any referral lawyers for Atlanta? Being sued
In Georgia, call Steve Koval: (404) 350-5900 and let him know we sent you.
Hey, do you have any recommendations for a Georgia law firm?
In Georgia, call Steve Koval: (404) 350-5900 and let him know we sent you.
Nobody is talking about lease collection debt. My client didn’t break her lease necessarily. She just has no proof she gave notice after her lease expired. The matter is in litigation now.
Lease collection is just debt collection. Many of the videos about debt collection on this channel would apply to landlord-tenant debt collection.
Hello question , when I sent a letter for validation and I receive the receipt that they signed but I have not heard back from the collection agency, what would be my next step.
It depends on your goal.
They’re not allowed to collect any further until they provide you a response. It’s likely they’ve given up for the moment.
Hi Mike. This question might be a bit irrelevant to debt collection, but it is regarding a current debt. Is there any way I can sue a lender who is withdrawing way more money from my account than I originally authorized? So I borrowed from a line of credit and I completely understand their interest is high. They inform me what the payment is going to be the first month, but did not disclose that there will be an excessive “customary fee” added on top of the monthly payment. For example, the first month’s payment is $235, and then the next month they charged over $600 in fees, which is not even the interest, it is an added fee on top of the monthly payment. A small portion goes to the principal, a bigger portion goes to interest, and then there is another fee on top. The amount was not disclosed in the Truth in Lending. The payment grew to over a thousand dollars a month. Is it even legal for them to do that? It feels like robbery to me. Just because I initially authorized auto pay, doesn’t mean I allowed them to take whatever they want. It’s as if they helped themselves to my bank account. I expected to pay $235 a month, and maybe $200 goes towards interest. I could have lived with that temporarily because I expected to pay them off in a few months. But I did not expect to pay over $1000 a month and only about $100 applied to the principal, while $135 goes towards interest and the rest is the cost of their “customary fee”. Can I sue these people, or request a cease and desist, ask them to stop trying to collect more money? They already took almost double what I borrowed in the last 7 months. And no, they do not report the loan to the credit bureaus.
Your rights are going to depend on your state law, and the specifics of the agreement you signed for withdrawal of the money from your account.
@@RWlawFL Good Monday morning Mike. Thank you so much for all your replies.
You’re welcome!
What happened if the debt collector never states who they are collect the debt for in their letter? I’m located in NC
If they are “debt collector” under the FDCPA, and they fail to include require disclosures, that is a violation, and if you suffer damage is because of that you can sue.
Hi Mike
The amount a debt collector is reporting on my credit report is different than the amount stated in the verification letter they sent me.
I sent them a verification letter requesting a signed contract and a purchase agreement but they only sent me cc statements. A few months after sending me the cc statements, they filed a lawsuit against me but I haven’t been served.
If the debt collector is adding fees and interest to the amount they are reporting on my credit report which is (different) than the amount stated in their verification letter and lawsuit which are both the (same), would it be a FDCPA violation if they are suing me under a contract they can’t prove or a contract that doesn’t show a right to interest and fees. The lawsuit is over a credit card and I am certain they do not have a contract because I never signed one.
> The amount a debt collector is reporting on my credit report is different than the amount stated in the verification letter they sent me.
Then they're probably breaking the law, and you might be able to sue them.
> they filed a lawsuit against me but I haven’t been served.
Get ready. You need a lawyer even if you haven't yet been served. Get ahead of this problem. If you're in Florida (I think you might be) contact us right away.
ricardolaw.com/contact/
>would it be a FDCPA violation
Almost always.
> they do not have a contract because I never signed one.
No one ever signs credit card contracts, but they're still valid.
@@RWlawFL
If they aren’t able to prove they have a contract then how are they able to add fees and/interest is what I’m wondering. Perhaps state laws allows them to charge certain fees/interest even if they don’t have a contract. Im in Texas.
Again, if they're trying to collect amounts they're not entitled to collect, they're breaking the law.
If I am not behind on my credit cards can I ask for a settlement
You can ask for a pony if you want.
Will they do this for you? Almost certainly not, and if they do, it will probably destroy your credit.
Mike...I have a question. I live in Illinois. Verizon turned me into collection. I left Verizon because they didn't honor my trade in value of my old phone. I have screen shot of Live Chart giving me the correct trade in value. What should I do? I also asked for a Verizon arbitrator to help. He said he could not help me.
That sounds like it’s going to be a question of Illinois law, so only in Illinois lawyer would really be able to answer.
Also, if you’ve already been through arbitration, I’m not sure that you haven’t already shot your shot.
Thanks for your help Mike. I didn't go through arbitration. I only asked to speak to one. I will check with an attorney. Gathering up my information.
Good luck!
What if they dont respond to your dispute letter and dont give you the information you asked for
They have to stop collecting until they give it to you. If they send you demands when they shouldn't, it's a violation you can sue for.
They don't HAVE to respond to you-they just can't collect until they do.
I ask Midland Funding to validate my debt.. it was supposed to removed February 2022 it was for 1,289 it was removed for a day They put it back my report for 1,186 for a 2015 they received it 2016.. I never made a payment to them. It said i made a 100 dollar May 30.2019
That sounds like a problem for Midland.
What state are you in?
HELP!!!😳 is there a Law that i can use to get the business to write me a letter saying that they sold my debt to a collection company and i dont owe them anymore?
Not in Florida, there's not.
@@RWlawFL thank you 😁
You're welcome!
HELP!!!🤐 the people who randomly pull our consumer report can they see our security number ?? and could I have all types of collection taken off report because we didnt give permission to them to put the collection on our report ?? and or because we want the collection to be private an their violating our privacy to not have them on our report???
Thank you for your
time🤭
I don't understand your question.
@@RWlawFL HELP!!! 🙄 when a business do a soft pull or hard pull on your consumer report will our social security number be seen. Thanks for your replies😁
Who do you think is pulling your report without permission?
@@RWlawFL hello
The businesses who is selling our information to
The ones THAT do all those light pulls on our credit report.
I really dont think the businesses even care about 15 usc PLEASE READ IT and you will see what am talking about. Its the law if you master 15 USC and work for the CONSUMERS You will become a billionaire in no time and it will be so pure because ITS FOR THE PEOPLE 🤓 read it very slow 15 usc talking about 4 or 5 different people. Like you. YOUR a brother a son a father a husband you ware different hats. You choose what hat you are going to ware everyday
now ready it . let me know 🙏🤓🥰
Yes, I've read Title 15. I post about it all the time. (Read my posts, slowly and carefully.)
Check out 15 U.S. Code § 1681b, regarding permissible purpose. If you think someone pulled your report without a permissible purpose, you may be able to sue them.
HELP!!🤨 is there a law.
That we could use toSUE
a collection just for buying our personal private information????
Generally speaking, that's not against the law, although some states might have specific privacy laws that might apply to debt collectors.
@@RWlawFL thank you so much i appreciate you
You're welcome!
Is third-party credit reporting a collection activity? Please explain why or why not?
Thx
It can be. Section 1692e of the FDCPA talks about certain credit reporting practices.
Whether something is “collection activity” is less useful of a question than “does the FDCPA cover this activity” and the answer is usually found right the in statute.
@@RWlawFL
Based on this definition, collection activity, including credit reporting, cannot legally commence until the company provides you with the requested information. I sent the debt collector a verification letter and in turn they sent me cc statements so by this definition the collection activity has commenced.
Again, if they're trying to collect amounts they're not entitled to collect, they're breaking the law.
@@RWlawFL
Thank you
You're welcome!
They are contacting my relatives and harassing them. I'm curious how they are able to obtain their cell phone numbers.
Probably data resellers. Most people give up their cell numbers to companies that make money reselling that data.
HELP!!! Someone PLEASE tell me. How Collection buy as sell our infor for service they didnt give us. and sue
how is this a legal business. Its like the BLACK MARKET IN OUR FACE 🤔😚😭🤐🤐
Collections companies often buy accounts. The FDCPA is the federal law that applies to them and limits their abuses.
What have they been doing to you?
@@RWlawFL thank you so much for giving me understanding.
U care enough 2 answer questions. I 'M subscribing. I Live in TN.
You're welcome!
I just found your channel and I am having a major issue with bridgecrest credit acceptance and I need help. They refused payment and sold to predatory lenders and now they are literally trying to steal my car....
If you're in Florida, maybe we can help. Give us a call:
ricardolaw.com/call/
Hello
Thanks for checking in!