Debt collection dispute letters: STOP using the wrong letters in 2024
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- Опубликовано: 24 янв 2023
- Most people are sending the WRONG letters for debt collection disputes and debt validation. In this video, Florida debt defense lawyer Mike Wasylik explains which letters you need to STOP using and tells you what you should send instead.
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📫 Get five sample letters, detailed instructions, and almost an hour of attorney instruction on how to use dispute letters to crush debt collection:
rwlaw.mykajabi.com/crush
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📞 Get Florida help for Florida cases! Contact us here: ricardolaw.com/contact/
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⛑️ Want help dealing with debt collection for debt that doesn't seem right? If you're in Florida, call us at 352-567-3173 for a FREE 30-minute appointment with one of our lawyers (Mention this "debt disputes for 2024" video!) to find out how we can help you. (Offer limited to Florida cases.)
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🔗 How to write a debt dispute letter video: • DISPUTE LETTER to debt...
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📫 Get five sample letters, detailed instructions, and almost an hour of attorney instruction on how to use dispute letters to crush debt collection:
rwlaw.mykajabi.com/crush
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📞 Get Florida help for Florida cases! Contact us here: ricardolaw.com/contact/
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Thank you so much - videos are informative and easy to follow
I’m glad you’re enjoying them.
Good to know, you were the one who said you can say the wet Ink proof on a previous video
Which video was that? I may need to edit that. It’s true you can ask for anything you want, but they may not give it to you.
Your videos helped me to prepare for a case against midland and I won! Thanks for the information. 👍🏼
Great job!
@@RWlawFL I have a question. Can you also use Priority Mail with a confirmation or signature confirmation, or do you believe we must use registered mail with return receipt?
The important part is getting tracking and signature confirmation. Priority mail is usually more expensive, though.
Hi, I have recently stumbled upon your channel and I am really glad I did. The no nonsense information is refreshing in the sea of RUclips junk. I was curious if you have any recommendations for a lawyer in New Jersey who could handle these types of situations? Thanks
Thanks and welcome!
Edit: In NJ, call Subhan Tariq: 718-674-1245
Please note I've update to add a NJ lawyer who might be able to help.
Great and informative video. Should a person copy a debt validation letter or just compose your own letter. You mentioned not to copy a letter. Thanks
At the end of this video, I linked to a video that tells you what to do.
Great videos! I have learned a lot. Are there any consumer attorneys in Colorado Springs or Denver you could recommend?
Thanks!
I don't have anyone in Colorado we'd recommend at this time, but if you find a lawyer near you who handles FDCPA cases for consumers, you're probably on the right track.
Really great info! Better ( and different!) than most I have watched on RUclips! But, what if there is nothing to dispute? What if the debt IS yours and you just can't pay minimum payments for the next 40 years and you have a legitimate hardship and want to settle your debt for a lower amount? Can you direct me to those videos?
Start with this one:
ruclips.net/video/z2WERp6k6z8/видео.html
Also, what you do next absolutely depends on how they're interacting with you. We've got several videos talking about that-in fact, watch the "next step" live session we did a few months back.
Thanks for your expertise!!
What letters do you send when the Statue of Limitations has expired on the debt? It’s a $250 debt from a bank from 2017… it’s on all three bureaus
The time limit for credit reporting is seven years. Once that passes, you send letters to the credit bureaus asking them to remove any obsolete information.
Love these attorneys, they helped win my case in 2021 from a debt collector & thx again but I'm now ready to get my credit in better shape. I still have 4 old debts in collections but this year, all 4 will be 5yrs old, however, all these debts have had several different collectors which show different dates than the original dates with the original bank when I stopped paying. If I dispute these 4 debts to Experian, Equifax, & Trans Union, should I asked them to be removed because they're over 5yrs per my credit report with original bank or write something else? Thank you
Please call us at the office on Monday.
ricardolaw.com/contact/
I like the videos that you showing to help people I do appreciate it thank you very much I would like to be able to talk with you but I'm having a hard time getting in touch with you.
Get us here: ricardolaw.com/contact/
I came across your videos, very good informations, do you provide service in other states credit repair?
We don’t do “credit repair” the way most people think of it but there’s no better way to fix credit problems than to beat debt collectors in court.
Omg I wish i found you months ago. subscribed! when i disputed a debt and asked for validation they just sent me a bill statement, how do i respond to that? and def using certified mail forever now
Great question.
For the most part, a single account statement is all they need to give you in response.
Your next step is to investigate every information source you already have, and determine if the debt collector is lying to you about the amounts doing Ellen, or some other important part of the claim.
If they are, you can hammer them in court, and make them pay you instead of the other way around.
When you asked for validation information, what did you think was wrong with the debt?
Hi there! Thank you for all your helpful videos. I am dealing with medical collections. I am in California (Los Angeles area). Can you please recommend an attorney out here? Thank you 🙏🏻
For Los Angeles, call Jay Rahimi: www.jrahimilaw.com/
Do you have anything in regards to a debt verification letter?
This entire channel?
I’m glad I stumbled upon your video. I recently send all three bureau’s a certified letter to correct my personal information and never received the certified mail receipt (green card) back. What should I do? I’d really like to have it for my records. Two of the bureau’s sent updated information and one removed the incorrect information while one is still reporting a wrong address and wrong phone numbers. I’ve also sent a copy of my drivers license and social security card and a current cell phone bill.
If you haven’t received the green card back, you should be able to track the item number on the receipt you got when you first paid for the postage.
regarding the way, the bureaus have responded, this letter is about disputing debts with debt collectors, not credit bureaus, because that’s a totally different set of laws, and a totally different set of circumstances that have to be addressed.
Thank you, for responding.
You're welcome!
Hey. Thank you for your videos. The straight forward advice is much appreciated.
Does the statute of limitations for a debt change if you have moved out of the state which the original debt was in? For example, the statue of limitations for the state which the debt occurred in was 4 years which places it past the statute but you now live in another state.
Further, the debt seems to have been reported, or the account on the credit report, is listed as having been opened only a few years ago and does not accurately reflect the original debt. Is this a violation of FDCPA and would a dispute letter be the correct course of action?
That's a great question that doesn't have a simple answer. Each state has its own rules and laws about limitations, and some of them use the contract itself to decide, while others might not.
I can really only tell you what would happen if you got sued in Florida, and even then, it might depend on the contract.
But the limit for credit reporting is the same in every state, under federal law: 7 years for most debts.
The "open date" you see for collections is usually the date the debt collector bought the debt, but the 7 years starts from around the "date of last payment."
@@RWlawFL Gotcha. Thank you for the response and for clarifying the details.
Best of wishes man.
You're welcome!
So you must draft your own letter modeled after the samples? Must it be types up with the same checkboxes, or do you have to pose them in sentences?
It need not be any of those.
Your videos are really informative and to the point. BTW, do you send Letter of Representation to each creditor / debt collectors?
If a client has hired me to do that, yes. If you have a lawyer representing you for every account, they should as well.
Representation is usually on an account by account basis, unless you have a blanket agreement with your lawyer.
@@RWlawFL do you represent consumers related to "equal credit opportunity ac"t on a "consumer credit extension" on a car loan. Or anyone that you can recommend, I'm in the Orlando area, as march 3, 2023 I have to different Dealership and couple of CFO ON NOTICE, but so far no answer accept from one bank true the "cfpb" pretty denial of my credit, tell them where in violation under 15 u.s.c 1681a(k)(1) and under FCRA, thank you.
Hi Ricado, how are you? Thank you video, i have question plesae, I have business credit debt, i call and talk with citi bank, chase bank they give me 0% in 5 years, but i call BOA bank, call and talk with them they don't give me option look like citi, chase,. BOA bank give me deal with parner "Greenpath financial wellness " and they give option 1% in 57 month, But i not sure is good to go with that deal, Hope you help me if you know any can deal with debt Please, I have difficult time with my bussiness but i try to work and pay them back but i hope they give me good help to pay.... Thank you so much 😍
@funniertv1 It's not clear to me exactly what your problem is other than something relating to your car loan. If you've been denied for credit, and you think it was an illegal denial, we can discuss that with you.
Reach out to us here:
ricardolaw.com/contact/
@21chanel48 Business debt is much different from consumer debt. Almost all the laws we talk about involve only consumer debt. The level of protection for business borrowers is much lower.
And it looks like your problem is one we wouldn't be able to help you with.
Great information. I would say not to pay the debt in full because it will not improve your credit. Settle for much less and do pay for delete. They paid pennies on the dollar.
We do say that in other videos.
If your only income is SSDI and being sued what to do I was told SSDI is federally protected I'm in Tennessee I went to the court hearing and the judge said to work it out but he didn't know my income was SSDI
SSDI is protected but that doesn't mean they can't hunt you down for other things. If you're in Tennessee, my friend John Watts has a lawyer who can help there. His RUclips channel is here: ruclips.net/channel/UC8lJUn1SSJhcjf-wk5y58KA
Can you recommend someone in MA to deal with credit card debt?
Call Christopher M. Brine (508) 556-1899
What if we owe the debt but it is no longer coming from the original creditor, but rather a collection agency or such?
That's exactly the situation this video-and most of my others-are meant to help with.
What if the only contact you’re receiving is an email from a debt collector and nothing by mail? How do you respond to that?
If it were me, I'd email them back telling them it's not "convenient" (that's a term the law uses) for them to email me, and they should only communicate by US Mail at the address they have on file for the debt.
If they emailed me again, they've broken the law and I could sue them for a violation of the FDCPA.
Very informative videos. I am from Pa and now getting sued by an attorney firm out of NJ for a cc debt incured a few years ago from Citibank. They are called Cavalry SPV, as assignee of Citibank. I mailed dispute letters and since have gotton back Plaintiffs First Set of Interrogatories, Requests for Production of Documents and Things, and Requests for Admissions directed to Defendent? I see you are in Florida and assuming you cannot assist me in my next step for now I am bit out of my league. Are you able to refer anyone that may assist. Thank- you!
Cavalry is a junk debt buyer like Midland, Portfolio, and LVNV.
Since you're being sued, you definitely want to speak to Dan DeLiberty who is a PA lawyer who handles this type of case. Give him a call at (610) 353-0322 and please tell him Mike Wasylik sent you.
Can you send any debt back to the original creditor?
Usually only the debt collector can do that, or the original creditor can ask for it back.
I got a letter from a debt collecting law firm about a year after I sent a dispute letter to Midland. Should I respond? I could claim I never got it. I think because it’s tax refund time Midland thinks a letter from a law firm will scare me into paying. I just think it’s strange that so much time went by. Plus the letter looked cheap- law firms usually use fancy stationary quality paper in their communications. Could this be a scam?
If Midland turned your debt over to a law firm, it's likely you're about to get sued. I'd still dispute it with the law firm, but definitely prepare to defend a lawsuit.
If you're in Florida, we can help. Call us today: ricardolaw.com/contact/
If a debt validation letter is successful and possibly removed from your credit... do you still have to pay the debt? Thank you.
A debt validation letter is the wrong tool dealing with credit reports. You can send a dispute letter to the credit bureau, (not the original creditor or the debt collector) for any account on your credit report that is inaccurate, obsolete, or incomplete. They have a duty to make a "reasonable investigation" and correct inaccurate information, and to remove information that is obsolete or cannot be verified. If they fail to make this investigation, or fail to correct or remove information that's not accurate, complete, and timely, you can sue them for any damages suffered because of that failure.
Whether a debt appears on your credit report or not does not affect your legal obligation to pay it.
I have a question, can the company that is suing you can cancel a trial after you did a negotiation with them? My father was sued by Cavalry portfolio services and he made a negotiation with them and they accept. The thing is my father was told that he didn’t have to go to trial because he already start a negotiation with them making a payment plan and they told him to not go that they "send" a letter of canceling the trial day
Every state has different court procedures, but usually a plaintiff can simply drop their case if they want to.
If you're in court, you need to speak with a lawyer in your state to be fully informed of your rights.
I am just in a debt collection situation now...and i requested email only as i am mostly living outside the US now, i only have a mail box UPS address in USA...So
email letters are not valid?
If you have any dealings in the USA, you should be using US postal service for these communications.
I live in Pennsylvania and online it says the limit is four years. The collection service is asking for something that’s six years old. Is it OK to just list that on my dispute letter
Sure. Check out our recent Debt Collection Battle Plan video for more ideas.
I have received a collection letter for my student loans But I have already paid them in full? What letter do I use or do I just note on the collection letter paid in full?
If you've gotten a collection letter for a debt you've already paid, that's already a violation of law. I'd skip the dispute letter and go straight to suing them for damages.
If you're in Florida, contact us right away: ricardolaw.com/contact/
I live I Indiana should I send stop collection via certified mail
In Indiana, contact Jeffrey Hyslip: hysliplegal.com/
If a debt collector is trying to demand money you've already paid off, he knows what to do.
Please mention I sent you.
Can i sent in a dispute letter no matter what reasons I have, Or do i have need to have a valid reason to sent one? The amount I own to this Credit card company had been inflated with high interest charge, and I don't have access to my credit card online account no more. The company offer me repayment plan before, which I can't afford, and still the case now. I just received letter from the credit card company stated that they had hired Zwicker & Associates, P.C. Do I deal with a law firm the same as I am dealing with a collection agency? Thank you for your time.
So, yes. I look at it this way:
Unless I'm 100% convinced of the truth of what's being claimed-the amounts, the lack of payment, the right of THIS particular entity to collect-there's almost always a reason to dispute.
In your case, you have a legitimate doubt about the balance and the interest charged. Ask them to back it up! If they're making a claim, they've got to have the evidence to back it up.
@@RWlawFL thanks again for your time. Really appreciate it!
Glad to help!
If a debt collector sells the debt back to the original creditor, and that original creditor is not responsible in answering a dispute letter how is the accused supposed to proceed with his request of original signed documents by him.
> with his request of original signed documents by him.
We never ask for this because it's useless.
Once the debt goes back to the original creditor, you have two choices:
1. negotiate with/challenge the original creditor (and every one of these cases will be unique)
2. Wait until a new debt collector gets involved and hammer them
Equifax changed my dispute amount to fit the original creditor amount. But didn't change the high balance to match so the account is still inaccurate. Do I have a case?
You’re entitled to recover damages caused by any inaccuracies they fail to fix. It may be difficult to show damages in this instance however.
@@RWlawFL Thanks but I have proof. I printed the first dispute the amount which they verified as accurate. Then I submitted a second dispute on the inaccurate high balance amount attached proof of the original creditor amount being lower than the debt buyer but Equifax didn't investigate the high balance amount they just added the original creditor. amount.
Just remember you'll also have to prove the amount of damages that was caused by any particular violation.
Anyone worked with ABF collections from new york? I defaulted on a business card from revenued they put a lien on my accounts which stopped one of my vendors paying me. i agreed to pay them 250 per day but every time i ask for a pay out they have different numbers and asking them for the details of what i have paid to date i get different answers.
ANyone have experience with them? I am in washington state
With a business card, you're going to miss out on a lot of the consumer protections in the laws we talk about here.
Business debt requires a business-like approach. And you'll want someone who knows Washington state law really well.
Dear Sir,
I would like to ask for your advice. I have the same issue about dept collection but I never received a letter from them rather they called me instead. I already fully paid the debit loan 2 years ago but they didn't give me any receipt or letter that its close. Recently I received a email from a collector but they are not the one who I loaned from 2 years ago.
What step should I do?. I hope I can receive a response from you dear sir. I really need it. Thank you so much.
How did you pay? there should be some bank record, or some other record of a transfer of money from you to them unless you sent them an envelope stuffed with cash.
Any debt collector who tried to collector from you after you've paid the debt is breaking the law and if you have proof, it may be necessary to sue them to stop their collection.
@@RWlawFL Hi sir thank you so much for your kind reply.
I saw in your details that it's possible to call you and have a 30 minute session. Is it ok to call you?
If you're in Florida, we may be able to help. Anywhere else, we're not licensed to do so.
Hey I sold a car to a guy and the guy I sold it to never registered it and he got a dui and had it impounded and it collected impound lot fees and the impound lot auctioned it off but didn't get enough money back to cover the impound plus storage fees and sold it to a debt collector. I did a release of liability via the dmv website but I went to the dmv today and they said it was still under my name and they have no record of the release of liability. How do I go about that. Ps I don't have any proof I did a release of liability and I'm located in california
This probably varies from state to state, so I have no idea how to handle this in your state.
Whenever you buy or sell a car, it's hugely important that you handle ALL the paperwork properly or you may be setting yourself up for a bad situation like this.
I hope you at least got paid for the car before you sold it. If not, I would guess you're out of luck.
@Ricardo & Wasylik PL what's my best options, should I write them a letter? Negotiate payment, write the letter and potentially have to go to court? If it goes ro court do I even stand a chance?
Because you're in California, I couldn't even begin to tell you what to do there. Only a local lawyer could give you any worthwhile advice.
I have a debt account in my name that I did not consent to the opening of or knew nothing about. When I received the collection in the in the mail I disputed it with the first collection company which was Diversified. Because I did not receive a response, I assumed the issue was resolved and the account had been closed. 6 months later, I checked my credit report and found that the account had been forwarded to the 3 credit bureaus for collection. This was done by another collection agency named Collection Bureau of America. Due to the fact that I have attempted to resolve this account with the three credit bureaus as well as Collection Bureau of America by sending a police report and disputing the account. As a result of my inability to attain any result or remove this debit that isn't mine, it also negatively impacted my credit score. Any advice you may have would be appreciated.
Did someone steal your identity or is it just a case of confusion?
My ex husband used my social security number and obtained many credit cards in my name. I didn’t know of any of them until he moved out and I began getting letters in the mail. I just got a civil summons from discover bank. What do I do? He used my identity and I don’t have money for a lawyer to prove it. I’m so upset
ID theft is a serious issue and a crime. Go to www.identitytheft.gov/ and follow the steps there. You might also want to file a police report on your ex.
🙋👍
👍 ❤️
I have a situation that prevents me from sending a dispute letter. I received a phone call from a collection agency. I told them that I would pay they company directly, not them. She got upset and that pissed me off. Finally she hung up. I do not remember her giving me any contact information for their agency. I have never received anything other than a phone call. I contacted the company and told them I would pay then directly. I also told them that if they reefused to let me pay them that I would need the contact information for the collection agancy.We went back and forth via e-mail (they will not offer any other way to contact them) but finally they sent me a link to make the payment. I went to the link and tried to make the payment. I got a message that it could not process the transaction. I tried several times using two different cards with the same result. I decided to try again in the morning. When I accessed the page, there was a message that my time to use the page had expired. I contacted them again and provided a screen shot of the page. Next, they sent me a link to another site to make the payment. It went to a page that didn't exist. Once again I wrote them and included a screen shot. Now I have received an e-mail form letter telling me that I need to contact the collection agancy. I one again sent them an e-mail stating that I wanted to pay them directly but if they refused, I would need the contact information for the credit bureau. That's where it stands now. Do they need to send me something in writing or is a phone call sufficient? It is my understanding that since my agreement is with the company and not the collection agency, that I can pay the company directly. Is that correct? If the collection agency reports the collection to the credit bureaus while I'm trying to pay the company and I have no contact information for them do I just dispute it? Thank you
The debt collector has already broken the law by failing to give you the information you need to dispute the debt.
Go watch our Debt Collection Battle Plan video to figure out your next step.
Out here in California quick question: I had executed my administrative process by asking for validation the agency gave me until 3/15/2023 to send in a dispute. The agency received our office's dispute/validation letter just yesterday 3/14/2023 Certified Mail Return Receipt Requested I went to go check the mail today and found they had sent a Second Notice out on March 4th claiming that if we don't respond that they aren't obligated to give our office a reduced pay off.
(Problem is I don't recognize any of the creditors nor the amount stated.)
In our first letter we politely asked for records since our office doesn't have anything on file that shows proof of indebtedness to any of the creditors mentioned in their claim, along with a copy of whatever gibberish that they had sent me.
My question: Since this Second Notice was not sent Certified Mail should I just disregard it or have they jumped too quickly on the assumption that our office doesn't understand how to administer our estate by exercising our rights as an Executor. In an attempt to accelerate their process. of 72hrs, 30days, 15 Late , 10 Opportunity to Cure, 0 Judicial Judgement (Given Holidays and weekends). This attempt to embezzle an estate during a National Bankruptcy verified in Senate Report No. 93-549 93rd Congress, 1st session (1973). “Summary Emergency Power Statutes” Executive Orders 6073, 6102, 6111 and by Executive Order 6260 on March 9th, 1933 under the “Trading with the Enemy Act (Sixty Fifth Congress, Session 1, Ch. 105, 106 October 1917), and further codified at 12 U.S.C.A. 95(a) and (b) as amended, now Title 50 USC 4305[b][2].
I know by experience that the Second Notice is basically Null and Void on its face since its just an attempt to scare those that are unaware of banking procedures for claims by using the Postal Service, not to mention how there was a lot of misleading information 18 U.S. Code § 1341 - Frauds and swindles.
However, I ask if this is a right that is being violated that our office is unaware of so we may receive just compensation for damages and filing fees that have been assessed in communicating with their agency? Or, just leave it as is and wait for the 30days(given holidays and weekends) if no response then take it up with the Bureaus have it removed and report them to the Attorney General for trying to collect debts without a bond/license.
Cheers and God Speed.
None of what you’re talking about makes any sense to me-maybe you’re relying on California law? We’re only licensed in Florida.
@@RWlawFL
Provided with your given response, we believe that first statement you made to be true.
Cheers brother.
Good luck!
@@RWlawFL Hotep & Maktub
Sounds sketchy.