How do you beat JUNK DEBT lawsuits in 2024? A BETTER WAY to handle Midland, Portfolio, & LVNV
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- Опубликовано: 15 мар 2020
- How do credit card lawsuits work? How can you get the best result and avoid common mistakes that too many people make? Florida credit card defense lawyer Mike Wasylik explains how these lawsuits get filed, how you should respond, and what else you need to do in order to get the best possible results for your situation. (SEE MORE ⬇️ )
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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 credit card lawsuits and other debt collection? Call us at 352-567-3173 for a FREE 30-minute appointment with one of our lawyers (MENTION THIS "Better Way" video!) to find out how we can help you.
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![Texas vs. Florida: What to Do When Debt Collectors Attack [Midland, Portfolio, LVNV, Cache LLC]](http://i.ytimg.com/vi/wpo7ruwu9u8/mqdefault.jpg)
![Texas vs. Florida: What to Do When Debt Collectors Attack [Midland, Portfolio, LVNV, Cache LLC]](/img/tr.png)
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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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Let me add something from personal experience! I was served, i went to the courthouse and filled out a response. i wrote that my information was not obtained legally and I did not make any deal or admission verbally or written to said debt company! any balance owed if any are between me and the original debt collector! If that card company closed your account and was paid any money by an insurance company (often your balances are insured) they have been paid and the debt settled! these junk debt companies buy your debt and others by the hundreds and pays pennies on the dollar for them hoping they can collect and profit from you! all you have to do is respond, deny the debt and get a copy of what you turned in! The junk debt buyer has to prove you owe THEM and they cant! they will not take it any further because they know they will lose in court! they are Hoping you dont respond to the summons and a judgement will be entered against you and THEY WIN!
Did YOU win?
I am going through this right now sitting in court ugh I will give update
Are you there alone? No one telling you what to say or do? Unsure of what to do next? Pissed that you're missing your day to sit in court by yourself?
There's a better way. Get Florida help for Florida cases:
ricardolaw.com/contact/
Do you know of a credit card company that does this?
It’s true! It’s all about the response! You should always write a response but it must be done correctly! If you do it correctly, the lawyers sometime won’t even show up in court because they know they have the burden of prove and they won’t be able to prove it if you know how to defend yourself from their allegations! I got mines dismiss because the lawyer did not show up in court because of the way I wrote my response! I wrote: I so & so do not have enough information to accept or deny the allegation! You must write this for every allegation they put in the complaint!
I called your office and I got a referral Legal advisor in the state of CA quickly. Thank you and your staff for an awesome job.
Glad we could help!
FINALLY!!! ATTORNEYS ARE BECOMING HELPFUL.
I REALLY THANK YOU FOR THIS..WE AS CONSUMERS CAN END UP WITH A HUGE HOSPITAL BILL BECAUSE NOBODY WANT TO EVEN TALK TO YOU UNLESS YOU PAY .
We're glad you found this helpful.
Medical debt can be a big challenge, and it's much different from credit card debt. Make sure to carefully review what services you were billed for and make sure you actually received them. Then make sure to check whether your insurance (if you have it) should have picked up the tab.
Thank you for posting this video. I had a 23K debt with Midland and followed your steps. I got to court here in MA and there was an attny from Midland represented. I was pretty bummed about it; then an interesting thing happened. The judge set a second court date to give me time to review the offer for repayment from Midland. When I arrived at the second court date the Midland attny was not there. The judge immediately ruled in my favor!!!
Now I am off to figure out how to address this with Midland and get it taken off my credit report.
Congratulations!
Wow, that's cool congrats. I'm in MA too and my court date with midland is March 11 by phone. Not sure how that'll work out.
Good luck!
@@RWlawFL Thanks. I don't have much hope, lol. Just will have to hope after my hearing with the clerk that when I send my income info, I'll be considered judgement proof. I'm pretty low income and Ma has a high min. wage. I'm only making .25 over that plus I have housing and take home under $400/wk. Sometimes under $300. Thanks for the videos.
Let us know how it goes.
Thank you for the information. You do a great service for consumers here.
We’re glad it was helpful!
Years ago, I got sued over an old debt and went to court. The attorney for the plaintiff didn’t show up and the thing got dismissed on the spot.
It’s pretty unusual for the lawyers to fail to show up, but it does happen from time to time.
Given that there are thousands, possibly even millions of lawsuits filed every year across the country, once in a while lawyers are going to miss a court date and a dismissal will happen.
Great info..and very detailed.
Glad it was helpful!
I practice in this area of law here in PA and came across your RUclips helping do research on FL law for a Palm Beach County attorney friend. Great presentation and concise information. Next - I prep for FL Bar and move south.
Good luck on the Bar!
We handle cases in Palm Beach so if your attorney friend doesn't feel completely comfortable with these cases, have them give us a call and we can work out an arrangement.
We just had a request in another thread for a Pennsylvania lawyer-I mentioned your name.
Wow this is good info and this guy is great!
Thank you!
Thank you for explaining the procedure when taken to court for credit card debt. I'll be calling you toay.
We look forward to working with you!
HI,
Very informative video!
What do you recommend,
if you have credit card judgments that are over 10 years old?
They are not being collected on at this time.
Is there a way to get rid of them?
Thank you very much!!!
There are three main ways to handle judgments:
1. Settle them so they are "satisfied."
2. Wait until they expire. (Depending on your state, this can be decades)
3. Attack improper entry of judgment (lack of notice, invalid service of process, etc.)
@@RWlawFL
Thank you very much!!!
You're welcome!
This is a great video
I went to court only to find out portfolio rescheduled for another month
We're glad you enjoyed it!
If you're in Florida and fighting Portfolio in court, you've got nothing to lose by giving us a call.
Great information. Thank you.
Glad it was helpful!
So if you know it’s yours and you admit to it will you be able to set up payment plans or will they still be able to garnish your wages
We believe both of these are bad ideas. You don't have to admit anything if you just want to settle. You can tell the judge you "dispute" it without going into details as to why. Otherwise, a judgment will be entered and then you need to worry about garnishment.
Second, payment plans are usually a trap to be avoided. We have a better way to do this in Florida that protects your rights and minimizes your risk. If you're in Florida, call us to find out what that better way is and why in many cases we can guarantee that our method is better.
Our number is 352-567-3173 or ricardolaw.com/call/
Hi thanks for the video my lawsuit says capital one not portfolio or midland am I actually being sued by the credit card company?
>capital one
That's the original credit card company.
Thank you for creating this video and providing such great insight, I only wish I lived in FL and could use your services :-)
I was recently forwarded an "Order To Show" summons by a 3rd party, my post office box. I have a PO Box in CA although I currently reside in a different state. The summons was given to the owner of the PO Box business and she forwarded it to me. Would this scenario indicate that I may have been improperly served?
Thank you!
Possibly! It depends on the state you’re being sued in and the state you live in.
Also if you get sued somewhere other than where you live, the plaintiff is probably breaking the law and you have the right to sue them so they owe you money instead of the other way around.
I owed a personal loan and a credit card that opened in Texas but now I live in North Carolina when it comes to the SOL do the creditors go by the state I opened the account or the state I currently live?
It’s going to depend on your state law and the terms of the original contract. Either way, SOL applies only to lawsuits (in the state where you get sued) and doesn’t usually stop other forms of debt collection.
Thanks for the content! Is there a way out if they are already garnishing your wages?? I never understood how this is legal since the credit card companies have written off the debt, given a tax credit for it and collection companies or someone else collects. Isn’t that double dipping??
If you're having wages garnished, that means that already a judgment against you, meaning the court case went to final decision and you lost.
You'll probably need to speak with a lawyer, but watch this video first: ruclips.net/video/3mA-wqO-ZhY/видео.html
Very useful information.
We’re glad it helped you out!
A processor came to my house when I was not home. My dad told the guy I wasn’t here and he stated he was from Capital One but he not actually their employee. I did look online for the case and it is listed as Capital One although my credit report states collections with Midland Credit Management. The filings online states “Return to service- diligent search” posted 6/22/22.
Does this mean there is not a court date? Should I call the clerk of court? I don’t want to miss the court date and than the judge grants the judgment. I’m in Iowa. Thank you.
You need to find an Iowa lawyer to help-we can't give you advice on how to handle a lawsuit outside Florida.
The fact that collection companies can sue in Small Claims Court is about what I would expect
to see in Florida. By comparison, here in California collection companies are not allowed to sue
in small claims court. Florida seem to be anything but consumer friendly which isn't surprising.
California has much better consumer laws, but Florida is still pretty good compared to a lot of other states. (I know that’s a surprise.)
I'm in NYC and I was not served. They sent a Debt Validation Letter which is how I saw the court paperwork. And I believe in hiring someone to protect me at all costs, wish you were up North.
Good luck fighting them off!
Any recommendations for a Texas case that's just been filed?
Absolutely yes! Check out this video we just released about Texas: ruclips.net/video/wpo7ruwu9u8/видео.html
I have a pending suit in florida for account stated, I filed for discovery and they of course objected to most of the discovery and claimed they had to not reply to receipts and accruals of items etc, which is contracting to Florida 1.33 which states they have to attach all of this to the initial pleading. They sent me discover asking for information which i never received anything from them, so I could not object to any statements i never received. However i did object to the statements in my response and affirmative defenses. How can they win an account stated when they can not prove they sent the. To me ? What is my next move?
Making them cough up documents in court case can be hard, especially if you’ve never done it before
Also if you’re not very familiar with the rules of procedure AND all the case law.
If you’re running into dead ends in your court case it may be time to get professional help. Are you ready to speak with us about your case?
Court date is next month, the person has not Been serve yet, but a settlement was reach with debt collector. The person is waiting for the paper work to sign the settlement. One the paper work is sign, does the person has to go to court?
Generally not, but be careful about hat settlement paperwork. See my "settlement trap" video!
My son's wages were garnished. Midland had him served in a State at an address he has not lived in in over 3 years. He only found out when he got his paycheck. I went to court today for him and picked up objection of garnishment due to being improperly served. They have the old address on the court papers where they served him but had no problem finding his current employer address in Texas to garnish his wages. I faxed him the paperwork for disputing the garnishment and now he has a Zoom Court date for Feb 14th. Does he still need to do a Validation with Midland? He has no idea what the debt is because the Original Creditor is not listed. Thanks in advance
Once the case is moved to court, it’s too late for debt validation.
If garnishment is going on that means he’s already lost the court case, which is even worse.
If Midland sued him in a state that he doesn’t live in, that’s a violation of federal laws governing debt collection, namely the FDCPA.
What state is the lawsuit in and what state does your son now live in?
Any recommendations for a Maryland case that was just filed?
We don't yet have any trusted Maryland lawyers we could refer you to. You'll want to look for Maryland FDCPA lawyers and debt defense lawyers.
Is there a dollar amount for lawsuits that they will actually show up for in small claims court? I had one for $800 and they never showed and it was dismissed. I have one other for $5,000 I’m wondering if that would be worth it for them to show up? Thanks in advance
It happens, but not very often. There's this myth that debt collectors just blow off court appearances all the time-and the reason for that myth is that when it happens, the successful defendant tells EVERYONE about it.
They wouldn't bother filing the suit if they didn't plan to show up, and if your defense plan ends at "they miss their court date", it's time to make a Plan B.
Ok. I have a few questions. How much $ for each question? Thanx, Richard.
If you’re in Florida, call the number in the description. If you’re not, there’s not much we can tell you since we’re not licensed outside of Florida.
I'm curious 🧐, since they purchase the debt for pennies on the dollar, would it be best to pay no more than 10% to do a pay for delete?
There's no set amount. Even though they pay pennies on the dollar for each account, they never see any money for most of them, so they have to make the most of the ones that do pay.
They're really good at it-these companies pull in a billion dollars a year.
Can you delay the lawsuit. I mean as an extension on your hearing/apperance?
We can, but we most often get them dismissed before the initial appearance happens.
NYC Served MAR 27 - No Court Date - 20 Days to File an Answer (Civil Court) - When do I call Atty for Plaintiff (original CC Co) to offer Settlement? What lawyers do you recommend in NYC?
You should give Jay Fleischman a call: www.moneywiselaw.com/about/
@@RWlawFL - Reached out to ATTY to simply see who owns debt / Signed CC Agreement.
Mentioned my Affirmative Defense(s) -
LIST OF REASONS NOT TO COLLECT
- PLAINTIFF SUING FOR WRONG AMOUNT - AMOUNT OF DEBT - INACCURATE - I DON'T OWE THIS DEBT - PROVE IT!!!!!!
- SUING FOR UNJUST ENRICHMENT
- PLAINTIFF VIOLATION GOOD FAITH + FAIR DEALING
- PLAINTIFF WAITED TOO LONG TO BRING CASE - LATCHES - TOOK TOO LONG TO SUE
- STATUTE OF LIMITATIONS
- CONTRACT IS UNFAIR - LOCKED OUT OF CARD
- PAID SOME PART OF IT OR ALL OF DEBT
After listening to your video - Plaintiff made offer - countered - offered - countered - offered - countered = 1/3 AMT w/ PMTS = 30% Debt
IF I MISS a payment and do not call them - They have judgement for full amount of debt.
Only signing letter if it says - if / when I pay X lawsuit dismissed and / debt satisfied in full. Plaintiff lawyer 's settlement offer arrives in a letter today.
DEBT 2010 - Defective Item - CC Company locked down my card preventing me from sending in report that would waive a large charge. They added back this charge (after charging it back initially) - and I was over limit. Kept card closed. Locked card and added fees / interest for 1 year then charged it off. Made good faith pymts until 2020 - SOL questionable - but Latches might be in play - as they waited 10 years / too long to sue from charge off. Debt not listed on my credit report.
What do you think? Great Video!!
Sounds like you really stuck to your guns. Good luck on finalizing the settlement!
WEDS - Plaintiff lowered PMT to 3 fig amount - from mid 4 fig summons complaint demand. Lawyer sending new Stipulation Letter.
Reason for PYT upfront = if I miss a payment (Installment plan) - then I owe the original default judgement against me.
Negotiations - 2 days after receiving summons complaint : Told Plaintiff -
- I'd ask in court for Plaintiff to prove all payments from opening balance to last activity
- I'd sue for Unjust Enrichment - account closed : then charges added + interest + fees
- Made 10 years of small pymts
- Said I do not owe this debt - It is not my debt - as the amount of debt listed on the complaint is inaccurate
- Latches = waited 10 years to sue me
- Debt not listed on Credit Report
- Try for Statute of limitation - charge off 2011 - did make small pmts until 2010 - hardship / good faith
Mentioned that I want to put this behind me - don't want to worry about Plaintiff selling this debt to a 3rd party and having future problems. Liens.
Benefit of Payment in Full = Lower amount paid upfront. Plaintiff Agreed.
Again your video Inspired me to do this!!!!! Thank you!!!!
What happens if you were never served claims? I was only sent a circuit court date?
Every state has different rules. In Florida, that would probably not be valid service and you'd have the right to challenge that.
I answered and now have a court date set for March via Zoom. My last payment was made on 2/2019 in the state of Texas. Should I respond with a letter ?
If you're being sued in Texas, you really want to speak with a Texas lawyer right away so you don't fall in any legal traps. One we recommend is Bill Clanton.
Can you settle after mediation and before trial?
Yea! I’ve even settled cases in the middle of a trial.
What steps should I take if it’s in the filing process? Has been since March
Not sure what you mean by "it's in the filing process… since March." Who told you that?
@@RWlawFL I’ve received letters in the mail from attorneys informing me that recovery portfolio has filed a lawsuit against me. I looked it up to make sure it was true and it is. I haven’t received a summons yet. They filed the lawsuit in March.
OK, got it. If you're in Florida, there's a great chance we can help you- click here to call us: ricardolaw.com/call/
If you're in another state, you want to search for a lawyer in your area who handles "debt defense" cases, especially anyone who's a member of the NCLC.
If a case has been filed, whether you've been served or not, a lawyer with lots of experience handling credit card/debt defense claims should be able to get this squared away for you-almost certainly cheaper and better than you could do on your own.
Very informative video. I live in Southern California. My husband was served on Sunday. We have been going back and forth regarding fighting this on our own or going to a Lawyer. Could you tell me an average of how much your client was charged? If my lawsuit is for 10k and the Lawyer costs 10k, I don't want to get a Lawyer. Obviously money is tight for everyone. I feel like getting a Lawyer is best, but I worry about what I have to pay out.
If we didn't save people money, we wouldn't be able to do this. It's actually CHEAPER to have a lawyer handle this than to try to do it alone. (In other words, a lawyer the other side is afraid of can get a much better deal for you than you can on your own, and save you a LOT more than the cost of hiring that lawyer)
For a lawyer in California, call Mike Cardoza: www.cardozalawcorp.com/
Debt collection companies are NOT allowed to sue in small claims here in California.
@@robertmontgomery3892 do you mean debt collections companies like Midland funding LLC and their attorneys when you say debt collections companies are not allowed to sue in small claims in California? Because that’s what happened to me. They came back after 12 years and sued me with a writ of execution for a credit card from 2011 and garnished my wages for almost $6k.
I’m so confused on how to handle this.
I also am the HR department for my job which is where I was served on what sounds like illegal means as well. It’s all just a scam I believe. To collect money that they haven’t seen in years that they paid pennies on the dollar for.
You should be looking for a California lawyer who can help you.
Give Mike Cardoza a call: www.cardozalawcorp.com/
You can also try Jay Rahimi: www.jrahimilaw.com/
But what if you qualify with an exemption from garnishment? I work part time and pretty sure I fall under the amount that makes garnishment possible.
In Florida, they have 20 years to pursue you for a garnishment. Will you be working part time for the next twenty years? Are you sure you want to box yourself in that way?
What do I do for a similar problem in New Jersey?
New Jersey law will be different, so you should probably consult with a New Jersey lawyer.
Thank you for you many informative videos. Would you have any recommendations for lawyers in Illinois. I was left a summons at my mums house for portfolio recovery.
Try James Vlahakis www.atlasconsumerlaw.com/attorney-leadership-profiles/james-c-vlahakis/
@@RWlawFL do you have any referrals in Kane county in IL ? I tried atlas but they don’t do Kane county cases. Thanks.
Sorry, I don’t.
Perhaps Atlas knows someone they can refer you to?
Hello I came home today and found paperwork at my doorstep for a lawsuit from LVNV do you have an office in Dallas Texas?
Anywhere in Texas, call Bill Clanton. We interviewed him here: ruclips.net/video/wpo7ruwu9u8/видео.html
Hello. My woman and I were already paying off a broken lease. Then the debt went to a third party called Professional Debt Mediation Inc. They arent crediting the amounts we already paid to the owed debt. I have receipts and bank statements showing we were paying. What do we do please?
That’s a violation. You could sue them for that and probably should.
I have a Case set For Trial on 10/22 Vs. LVNV...it's an Fangerhunt account...with account info Blacked out...and an outer state address I don't live at anymore.what do I can I do .Please help Me
If you’re in Florida, call us at the office first thing in the morning. ricardolaw.com/contact/
If not, we strongly recommend you find a lawyer in your state right away, and do not wait. The longer you wait, the more painful expensive this will be for you.
Hello, I had a gentleman this morning attempting to “serve” through the ring camera I notified him that if he had to leave any correspondence to leave but never stated if the person lives there or not. He left the documents on the floor or my front door, once I reviewed it states court was 2 days ago. Prior to this notice we didn’t know they were suing. What can I do regarding this situation?
If this happened in Florida, you should get a notice for a new court date.
Either way, I would check the clerk of court website to see what if anything happened before you got served.
If you’re in another state, you probably want to talk to a lawyer about how to figure out the best response.
I live in North Carolina where wage garnishment is not allowed. With that said, what could they do if I just ignore them etc?
I can't tell you what NC law allows because we're not NC lawyers but most states allow judgment creditors to take SOMETHING from you.
Don't ignore this-talk to a lawyer in NC about the consequences of a judgment before you make an irreversible mistake.
Does your firm take cases in Massachusetts?
We don't and we're currently looking for great lawyers in Massachusetts to send cases to. If you find one, please let us know!
This video helped me understand what to expect, thank you. I’m in SC and have a court date tomorrow against Midland, is there any advice you could give about what to do besides what was said in the video?
There's not much we can say about South Carolina law because we're only licensed in Florida, but we hope your court case went well!
What was the outcome of your court case in SC? I am scheduled to appear in about a week. Thank you
@@KeshDTV what was the outcome of yours?
Everyone's facts are going to be different so it probably won't help you solve YOUR problem to know what Jessica did.
@@RWlawFL This is a great video. I have a case of an old Judgement ( 2010 ) in New York ( I’ve been living in Florida for 16 months ) and the debt collector Levied my account. Do you think your office can help me or refer me to someone in New York?
do you guys take out of state cases, im in utah
We can't take Utah cases right now-we don't have any lawyers licensed there.
Try Ron Ady ( utah-debt-defense.com/ ) or Lester Perry ( hooleking.com/attorneys/lester-a-perry/ ), both out of SLC. We don't know either one personally, but both are members of the nation's largest association of consumer lawyers. Best of luck!
I’ve spoken with both Ron and Lester, and you should definitely talk to them both, because one of them should be able to help you.
Can you settle with them before the court date?
That’s when we get some of our best deals done.
Say they dont settle and you go to trial and win. Will Midland or Portfolio be required to remove the item from the defendants credit?
Generally, yes. If you win the court case, they’re going to have an awfully hard time truthfully reporting that you owe them anything.
@@RWlawFL @Ricardo & Wasylik PL Thanks! So u land a judgement in the defendants favor, 30 days pass and the item is still on their credit. Would tht be considered a debt collection violation? Could the defendant hire u guys to sue the junk debt buyer to get it off their credit?
Yes, we have helped our clients sue debt collectors for this violation.
Anyone in Florida with this problem, can reach us here: ricardolaw.com/contact/
Looking for good recommendation lawyer for Illinois to handle midland small claims summons
There are a TON of good FDCPA lawyers in Illinois, mostly based in Chicago. Try James Vlahakis www.atlasconsumerlaw.com/attorney-leadership-profiles/james-c-vlahakis/
It sounds like the best thing is to work something out in mediation
The lawyers they hire and send to mediation have the LEAST discretion to offer good settlements. If you want a good settlement, mediation is probably the last place you'll get it.
Some of our best results come either:
1) at the very beginning of the case, when they learn we're representing the defendant, or
2) close to the end of the case, when a trial is imminent and they are afraid we're going to beat them in court.
Attorney told me it will cost more for them to represent because amount was $1400 hoping I can mediate less than half
My paperwork says appear to court for pre trial conference/mediation this means I have option to negotiate
If so how are payment made .
Painfully.
@@RWlawFL wow. It’s under $1500 likely Cost me more to get someone to represent me
"Likely"? How many lawyers have you asked?
How about if the person is unemployed and can't pay it?
And has joint acct with 2nd person who has nothing to do with it. Can't the joint acct be garnished? Or should the person delete him from acct before getting vanished?
Can he hire a lawyer for forgiveness?
And how about if
A person who is unemployed often has a much stronger negotiating position because there’s no current ability to pay.
However, judgments can follow you around for 20 years so it’s important to take care of it immediately. Whether a joint account to be garnished as a matter of state law and how the account is titled.
We absolutely recommend at least talking to a lawyer. Even if you don’t think you can afford one, you might be pleasantly surprised, and the results you’ll get are almost always going to be better than what you can negotiate on your own.
Is sending debt validation letter prevents them from suing you? No lawsuit yet from them but I sent them a debt validation letter?
It will pause any collection activity, including lawsuits, until they respond with the bare minimum required.
@@RWlawFL are they required by to respond to your letter? What if they did not write you back?
We have a number of videos that explain the debt dispute process-we answer these questions and more in those videos.
Be careful what attorney you hire, I hired one in California and told me he would settle my debt for half or even less, charged me $2400.00 up front and later told me, the debt buyer wasn't willing to settle unless I pay about 90% of the debt, his promises and interest in my case were no more... he also told me if I didn't settle they would take me to court and he would not defend me because he doesn't make court appearances, I still haven't settled, my case is pending and I don't know what to do now.
That sounds like a horrible experience. We do things in a much different way at our firm.
We always make sure our clients know EXACTLY what we're going to do for them BEFORE they hire us-and we tell them what to expect and when to expect it.
And most important, WE GO TO COURT if needed. (We even enjoy it, like the sick twisted individuals we are)
Sorry to hear you didn't get what was promised to you.
@@RWlawFL Any recommendation for a lawyer in Temecula Ca ?
In California, give Mike Cardoza a call: www.cardozalawcorp.com/
Please keep up with new videos
We've got more in the pipeline! Thanks for watching.
What if you were not served because they have a virtual mailbox location on file? In addition to that, the person saw online on the county court website that they were being sued and responded to the draft complaint. Can they proceed to sue? An interrogatory was sent after the draft complaint was answered.
Every state is going to have different laws and rules of procedure about how service of process works.
In Florida, a person who responds to a complaint waives service of process, but if they don’t do that, and they never get served, the lawsuit cannot proceed.
You’d be stunned, however, to learn that a lot of people who are “never served“ have default judgment against them for failure to respond.
@@RWlawFL It is in Florida. Thank you for taking the time to answer my question. I really appreciate it!
It sounds like you or someone you know might need help. For Florida help in Florida cases, reach out to us here: ricardolaw.com/contact/
Thank you this information is what I've been seeking. I currently have a virtual trial court date in broward in Jan w/Portfolio. Can you help
You're very welcome!
We can definitely help with a Portfolio case in Broward. If you haven't already called, give us a call any normal business day: 352-567-3173
Portfolio is nuts 😒
What form law do your firm practice?
We practice consumer law in the state of Florida.
Do you do chapter 7 bankruptcy or?
We do not. Most people don’t need it but for those who do we can refer to a qualified bankruptcy attorney.
Hello. If the person serving the Writ of Summons is a private processor, can they show up at your door with a badge identical to a police officers badge implying they are a government official?
The private processor that showed up to my house with a badge hanging from his neck.
Every state has different requirement for who can serve process.
Whats the statute of limitations on going after debt collectors?
It depends on what you’re going out for them for. If they have broken the FDCPA, it’s one year.
Do you have any lawyer in Nashville, TN?
We recommend you look for aNashville lawyer who handles "FDCPA" or "debt defense" cases. We unfortunately don't have any of our attorneys licensed in Tennessee.
What if they are unable to serve me and the mail is returned? What happens?
In Florida, if they don't serve you, the lawsuit cannot begin. Other states have different laws, so make sure you get good information from someone in your state.
So for me, (PR) acquired a debt on August,19th 2016. From an old Capital one bill dating to March,2015.I had them verify the debt any they say [IT'S A COMMUNICATION BUT NOT AN ATTEMPT TO COLLECT,YOUR ACCT IS CHARGED OFF. Debt $419.71. They do report every month all the time, they won't go away.
I take it they can't go after me legally at this point because I live in Tampa,Fl, and the statute of limitations has run out, right?
I believe, credit reports for up to seven years from the time the debt originally became delinquent, not when the collection agency bought the junk debt.And that would be pretty much in the area of March, 2022 next year.
Pay for deletion doesn't make sense with the new scoring models, however Fico still sees these kinds of debt. And it's hurting getting increases on credit cards and other cards.This company is purely evil.
I ran into your video's and do enjoy them and subscribed .And plus your in my neck of the woods !
Tampa,FL
Because you’re in Florida, this is something we’d be able to talk to you on the phone about. Please give us a call at 352-567-3173 if you haven’t already and we’ll give you a free 30-minute call to review the best strategy for tackling this problem.
What if said person has no assets, bank accounts or is not working. And how long does the person go to jail in an extreme case.
Jail is only an issue if you deliberately disobey a direct court order-that rarely happens to anyone. Just be respectful of the judge and obey the court's orders.
If you've got no assets, income, or anything else they can take, they can still get a judgement (in Florida at least) that will follow you around for 20 years. I wouldn't want that to happen.
@21:57 So basically once you get served, contact a professional lawyer that deals with junk debt collectors. Hopefully they don't charge that much. If they do go seek different debit lawyers to see who gives u a better deal. And let them try to settle out of court.
Lawyer up! They've got lawyers-you should too.
I've used Ricardo & Wasylik they are resonable and they get results.
Thanks for the great feedback!
Very helpful and thorough information I appreciate the help. My case is with Midland Credit Management. Been served and no court date, just 30 days to "Motion or Answer", which will be March 15th (next week). I found a lawyer in Portland, OR to help me. My request to the lawyer is to settle.
We're glad you found a lawyer in Portland. Good luck!
You guys handle UpState New york?
For debt collection cases in NY, we definitely recommend Jay Fleischman: www.moneywiselaw.com/aboutfirm/ Please tell him we sent you.
Hello Ricardo I got sued by LVNV FUNDING I was never served they claimed I did the judge granted them a judgement against therefore the started to garnished my pay checks I did a financial statement and filled a w006 form and sent it to the LEVY OFFICER . I was garnished 3 paychecks and of today the levy officer mailed 2 checks back to me . Now whats the next step for me to do the collector account still shows on my credit report they just adjusted the amount . Do I wait for them to take me back to small claims or do I contact them .can you please help ? Thanks
Are you in Florida? Call us first thing Wednesday.
@@RWlawFL I reside in the state of California.
Sorry I missed this reply but you should definitely have a California lawyer review this with you.
Great videos thanks.. do you have any one in Virginia??
We don't, but if I learn of someone, I'll try to respond here.
I live In Florida do you guys the cases in Florida I live in Coconut Creek or Broward County it’s almost the same
Yes we do! Please call us today at 352-567-3173 or ricardolaw.com/call/
What if someone is trying to serve you and they don't connect? Can you still be sued? I had Cavalry get a judgement against me and they didn't send me any mail or serve me. How can they do that?
If they legitimately failed to serve you (in Florida at least) you have the right to file a motion to vacate the judgment. That’s something we can help with on any Florida case.
@@RWlawFL how common is it for a junk debt collector to say " served" when they never served you. just to win a default judgement in court?
It happens. Not sure how often.
I have been taken to a court for a credit card bill I paid long time ago I do not owe anything , wath should I do?
If you have proof of payment, they're trying to collect a debt that you don't owe. That's probably a debt collection violation and you should speak with a lawyer in your state right away-most lawyers should be able to help you for free in a case like this.
What state are you in?
do you know a lawyer in atlanta/decatur , Georgia?
Yes! Please call Steve Koval Phone: (404) 350-5900 and let him know we sent you.
What if it's left in your mailbox with no postage?
What was left in your mailbox?
I wish this guy is las vegas, best explanation .
Many days, I wish we were in Las Vegas, too!
Hey mr wasylik can you help me out? With some advice?
If you have a question that we haven’t answered here on the channel, you can leave a comment and we’ll do our best to answer questions that way.
If you’re in Florida and need help now, please call my office during regular business hours and we can set up an appointment.
Debt Buyers purchase "EVIDENCE of DEBT" from the charge off market. 99% of debt buyer cannot claim a balance due because their lawsuits lack account level documentation, thus they lack foundation to sue. Additionally, when asked for proof of agency, they will never divulge that information to the consumer defendant. Debt buyers will also sue consumers and list the original creditor as the plaintiff even years after the alleged debt was charged off and the original creditor has no interest in the alleged account.
Coincidentally, credit cards as a continuing series of offers to contract are non-transferable.
Some of the things you've mentioned are the best weapons we use when we go to court.
Some of them, however, are just myths. But no matter-we have plenty of weapons to fight and win if we need to.
Is this not then a frivolous file lawsuit???
We get cases like this dismissed all the time.
And if the debt collector is lying about their right to collect, that’s a violation of the FDCPA and we can sue them back.
I was never notified of the debt until I was served the lawsuit. I never received any information on this debt from the debt collector prior to the lawsuit
They generally don't have to notify you before suit unless the contract requires it.
Why Florida allows all this frivolous lawsuits is nuts!! Why we have so many lawyers suing everyone. Not many states allow this type of behavior. I believe Texas is the other but they have a 2 year statute of limitations instead of 4.
The good news is that you have the right to fight back, and for any lawsuit that is truly frivolous, you probably have the right to sue them back and put money in your pocket. So it can be good to get sued.
What if it’s around $20,000 in credit card 💳 debt, & hardships such as co19 job forced closed, vehicle 🚗 died, & medical hardship such as surgery followed by complications/ all causing loss of work & income?
Numerous hardships basically. 🥺Is file chapter 7 bankruptcy a good option in this type situation? 🤔 💭
Is it one card or multiple cards with smaller amounts? One card with a big balance is harder to deal with than a bunch of accounts with smaller balances.
Bankruptcy is an extreme option for extreme situations. Whether your situation qualifies will depend on your particular facts, the aggressiveness of your creditors, and the urgency of your need for relief.
Also consulted with a California Attorney through legal shield who did not advise me of my rights just told me to settle
That's frustrating. If I were paying for a service like that, I'd want someone to advise me of my rights.
Do you handle cases in CA
California is a big state and we're not licensed there. We recommend finding a lawyer in your area who practices "debt defense" or even "FDCPA" (debt collection violation) law.
What if it is not in small claims court?
Then they’re suing you for a lot more money (at least in Florida) and the stakes are a lot higher.
Different strategies are probably needed.
LVNV Funding llc decided to sue after ignoring all documents ive mailed them. As the summons is public recqs i called courthouse n printed out the paperwork it mentioned court will be via zoom. Has anyone else experienced zoom for court date????
Lots of Florida courts use Zoom for first appearances. If you’re in Florida give us a call.
My wife was served for me today. They are saying I owe $10K. I’d rather get an attorney but I’m in South Carolina. Charleston County to be exact. How do I find experienced counsel specific to this matter?
Search for "debt defense" or "FDCPA" lawyer in SC
Best video on this subject I've watched so far. Thank you for such timely great information. I do have one small question, if you please don't mind, I was served under a completely wrong address and wrong people. My son's name is the same as I but he lives 50 miles away and his wife was served under the "presumption" that I lived there. Is there anything I can do about this ? Thank you!
1. You’re welcome.
2. In Florida if the process server goes to the wrong address and serve someone at a place you don’t live, that’s pretty straightforward to get wiped out.
@@RWlawFL what if the process server came to my work and asked my co worker if I worked there and she said no one works here by that name (the judgement isn’t even in my correct name, it’s under my maiden name which I haven’t gone by in years now) but she told him no one works here by that name and he just left it on the ground outside my office. Can I get this thrown out because of that? And is it her word against his? How do they come to the conclusion of who to listen to?
> she told him no one works here by that name and he just left it on the ground outside my office
In Florida, this wouldn't be valid service and we'd get it thrown out. Your co-worker would need to testify about the interaction though. A good lawyer in your state would know how to challenge this under the laws of your state.
Hi. I have been sued by Midland Credit Mgmt and have a court date in SC next week. Ive never heard of them until I was served and never had an account with the original creditor. How do I defend my name? It seems some FDCPA violations have occured as well. Do you have ANY attorney contacts for the state of South Carolina? Thank you in advance
We're looking for good lawyers in SC to help handle cases like these. If you find one, please let us know.
I have a court date with Midland coming up Feb 23, 2021 in Ozark, MO Christian County. I am in Ozark, MO Christian County The closest large town is Springfield, MO Green County. I have called several lawyers for Civil Suits, but they either ONLY do bankruptcies or I’m not getting a response back. I am 66 and on Soc Sec retirement and MO state pension. If possible do you maybe have a way of helping me find a lawyer to help me with this. I understand you only do for Florida, but am hoping there is a list or someone you are associated with in our area.
Also, thank you for your time to do this video.
Bryce Bell is based in KC, MO and we'd trust him to steer you the right way: bell-law-kc.com/ Give his office a call and please tell him we sent you.
How do you know if you are sued for small court or not? Is there a way to search that online?
In Florida, the court papers tell you whether it's circuit court, county court, or small claims.
Good evening, I live in Oklahoma City. I just got serve. They delivered the letter to my parents house, but I no longer live there. Do you know of good lawyers in Oklahoma City? Please advise.
We've been looking for someone good who covers OKC and haven't found anyone yet. Let me ask my Texas contacts if they know anyone.
@@RWlawFL if you could please and let me know. I have 20 days to reply to them.
I never got served by someone it was sent through the mail today from lvnv and the court date is Thursday and tried calling them today and they said they have no information about a court day! What is the plan in your opinion?
Every state has different rules about service of process. Florida doesn’t allow service by mail, soWe wouldn’t have that problem here.
Your specific responses, actions required, and options are going to depend on the procedures that apply in your state.
However, never rely on the debt collector to give you an honest answer about what’s going on in court. If you think there’s a court date happening, or you’ve been served with court papers, always check the clerks website or call the clerk of court directly to find out if there’s activity in your case. In the alternative, any local lawyer should be able to help you out looking this up.
I have court date Thursday as well, look at your documents, their just filing papers most of the papers are the same papers over and over again and no signed contracts either.
"Just look at your papers" is only the first step.
Most debt collectors sue on "Account stated" claims (check out our video about that) which means they DON'T NEED a signed contract.
And most credit card contracts aren't signed by either party but they can still sue for that.
There's lot of bad information floating around out there on the internet-the "signed contract" myth is just one of many.
I had this knowledge so I got a lawyer immediately I was served. I told her I would like to settle and therefore she should initiate the settlement process but I wonder why she didn't settle and proceeded all the way to judgement. A week before judgement I called and told her to settle which she did but I was disappointed with her service.
It’s possible the other side wasn’t willing to work with her until near the end. That does happen sometimes.
Good information. What if you were never serve?
In Florida, they can't do anything until they serve you. But if they've already filed a lawsuit, it's usually just a matter of time-AND once they file, it's time to get help whether you've been served or not. What state are you in?
@@RWlawFL Florida
The best thing to do right now is give us a call so we can help you sort things out- 352-567-3173 or ricardolaw.com/call/
@Ricardo & Wasylik PL hi I was trying to ask you a question through email. But I couldn’t get through online.
if anyone can help I got a letter today from lvnv for 800 dollars my question is should I even show up because I'm a 100% permanent disabled veteran and my wages cannot be garnished va or army retirement pay do you think they will just give up?
Many junk debt buyers will still pursue a judgment even if you tell them, you’re on disability.
I’ve got one client there, trying to garnish, and demanding financial records from, to make “prove and “that he’s on disability. (judgment was entered before he hired me.)
If you’re in Florida, we can give you a free 30 minute call to discuss your situation and what your options are.
If I never entered into an agreement with a junk debt buyer then how is it legal for them to sue me? The credit card company already written the amount off and got a tax credit for a loss. That debt should be written off at the time the credit card company decided to take a loss. Now a junk debt buyer is trying to sue you for an amount that is already been written off and I never entered into an agreement with them. They are double dipping. How is this legal??
It seems crazy, doesn't it? This is why we get such great leverage in court, because we have experience with those defenses and the other side knows it. We love taking on junk debt buyer cases and making sure they never trouble our clients again.
Is this only for Florida?
Every state process is different. Florida is the only one I’m talking about here.
I’m in California ,I got a call from some guy he had my full name saying I going have a claim against me out of Clark county Nv. I haven’t live there in over 7 years .and if I didn’t call the processing office and he gave me another number to call them . And when I try to call the guy back it just rings .and I call the another number 855 they just say hi this Kelly they don’t say the company name.He said he would have to put a order of location on me and all my rights would be four fitted and become public record .I look it up stature of limitations is 6 years in Nevada and 4 years in California.could be a scam??
Hard to tell what's happening but it definitely sounds like a scam. This is why we say you should never talk on the phone to someone if you don't know who's calling.
So I have a couple questions. My mom is being sued by portfolio recovery for a debt of around $2500. Her only income is social security disability, and social security spousal benefits after her husband/my father died. She doesn't own any property or vehicles or any other assets that I'm aware of.
So what if the person being sued is physically disabled and it would be extremely difficult if not impossible to show up for the court date in person?
My second question is, if she doesnt show up to the court date and doesn't have any assets or wages that can be garnished, what would typically happen if she takes no action whatsoever?
I watched a different video that in certain circumstances like hers, doing nothing can actually be a good option because the case is often dropped.
Thanks in advance :)
Courts are required to accommodate those with disabilities. The summons usually has a way to contact the clerk to arrange for those accommodations.
Failing to show up is the worst way to respond to a lawsuit because those cases are almost never dropped. Instead they usually end in judgments that are, at best, terribly inconvenient and at worst, very expensive.