DISPUTE LETTER to debt collector: here's exactly what you should say in 2024
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- Опубликовано: 8 июл 2024
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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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You want to send a dispute letter to a debt collector but don't know what to say? Need to know EXACTLY what needs to go in the letter? This video shows you WHERE to download a legitimate free form and exactly how to change it to match your unique facts so your dispute has maximum power.
🔧 Want help fighting off bogus debt collection or harassment from junk debt buyers? Call us at 352-567-3173 for a FREE 30-minute appointment with one of our lawyers (MENTION THIS "Free dispute letter" video!) to find out how we can help you.
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🔎 Check out the CFPB website and form:
www.consumerfinance.gov/ask-c...
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What you'll find inside:
0:00 What to say in a dispute letter to a debt collector
0:32 Responding to a letter or phone call from a debt collector
0:58 The two most common disputes
2:00 Why most form letters don’t work
2:42 Where to find the free form
3:48 Instructions for using the dispute letter template
4:26 One this you must ALWAYS do when sending a dispute letter
4:39 Changes you MUST make for the letter to be effective
5:31 Add the missing piece the form leaves out
6:10 One thing you should NEVER do when sending the letter
6:22 How to dispute an incorrect AMOUNT of debt
7:17 What happens AFTER you send the dispute letter
7:31 Your next step and how to get questions answered
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#DisputeLetter #debtcollection #debtcollectors
Your energy is contagious! Thank you again for much useful information. God bless you.
Thanks! We're having fun getting these out.
OMG..I'M SO GLAD I FOUND YOUR CHANNEL AS I JOURNEY THROUGH REPAIRING MY CREDIT!!! THANK YOU
Glad it’s helping.
Thank you!
You’re welcome!
Excellent info, THANK YOU sir!
You’re welcome!
Thank you!!
You're welcome!
Can't thank you enough for your outstanding channel and insightful presentations. Your wealth of knowledge is sincerely appreciated. It's a tremendous blessing to people how you set aside time to educate on the process of navigating debt collection.
I’m glad you found it so helpful.
Is there something specific you’ve done that has helped you out, that you learned on this channel?
@@RWlawFL The biggest takeaway that I learned from the channel is writing a dispute when collection agency makes their first contact. And beyond that, the importance of sending certified return mail with receipt signature. I failed to send that method to the past agency: MRS BPO. Had I done so, potentially may have had seven violations against them. Now they flipped alleged debt to a place called Qualia. Dispute letter was sent the correct way this time. I now have an attorney. Really enjoy though learning about this whole process.
Wow, this is great! I hope you get everything you work so hard for.
Good information.
Glad it was helpful!
thank you.
You’re welcome!
You are awesome, I followed your video and did my dispute letters and had 4 items taken off my credit the creditors wrote me back and told me they were deleting the accounts.🎉🎉🎉
Cool! Do you mind reaching out to me by email? ricardolaw.com/contact/ Put your username in your message to me.
Thank you
You're welcome!
Thank you for your video
You are welcome!
There are so many channels on here claiming to help with credit repair and some say don't send a letter to the collector and some say do send one. I made the mistake of sending one to Convergent Outsourcing, didn't even send it "return receipt" and of course I haven't heard back and it's still on my reports....I subscribed to your channel hoping to learn better :)
Depending on how you worded your letter, if they're still reporting to the credit bureau, they may be violating the law if they fail to report it as disputed.
But on the plus side, it sounds like they may have stopped trying to collect from you.
@@RWlawFL thanks for your response!
@@RWlawFL they actually responded, they sent back "verified" and sent a copy of a utility bill as proof..what do I now?
We've got a video on that! ruclips.net/video/4gdqv7aaRs8/видео.html
My letter is from a place where I never took my grandmother to the place that it states in the letter which is far from me and the place I took her to is paid off and we used the financial assistance from Sentra to help us with the bills. So the bills we got were 30 dollars every month for six months, the amount on the letter is ten times more that what we paid in the month. So thank you for this I wanted to write a good letter thanks for the help.
If a debt collector is asking you for amounts you don't really owe, they are probably breaking the law. If you're in Florida, call us: ricardolaw.com/contact/
I received additional charges for moving expenses, so I put a dispute through my bank because I used our bank credit card to pay moving expenses. The bank investigated these charges, and I received notification that I 6:51 did not need to pay. Dispute was closed. Now I am getting collection notices from a collection agency for the disputed amount and wants us to pay.
The bank investigation doesn’t bind the landlord or the debt collector. You probably need to sue one or both of them.
My debt was apparently sold to a third party. How should or should I even make a dispute letter to that new debt collector? This video was super helpful too brother.
Glad you liked the video!
You can and should send a dispute to the new debt collector, every time a new one pops up.
Watch our Debt Collection Battle Plan video and our Three Ways to Make $1,000 video.
Thanks for the video! I'm curious as to why you don't want people to sign their name on the dispute letter.
Two reasons: 1. The typed signature is enough 2. Why give them a handwriting sample they can use against you?
i am in Texas and im going to do this on my own and a bit nervous. i dont have legal representation in this case due to it being from damages.
Anywhere in Texas, call Bill Clanton. We interviewed him here: ruclips.net/video/wpo7ruwu9u8/видео.html
I have noticed that consumers do not realize just how important their signature really is when dealing with the enemy/Credit Bureaus. I always type my name and I never use an ink pen when I communicate with these entities.
Legally, a typed signature is as good as one you write with a pen. So most people actually OVERESTIMATE the value of a signature.
Could you explain more? I don't understand this...🫣
@@staciewebb4829 Most contracts don't even require signatures anymore. Most of them are online clicks.
Question should you in the dispute letter include anything about having the attorney generals office investigate the matter into the original company? Does this add credibility or is it more information they don’t need?
It does not add credibility or do you any good.
What if the charges from the hospital are excessive in comparison to costs for procedures etc from FAIR HEALTH CONSUMER?
If you think a hospital has overcharged you, there may be a claim there, depending in part on state law.
Fair Health Consumer is just research, though, and doesn't seem to have any legal effect.
I just found your channel today and I'm so glad I did! In this video, you say to type in your name instead of actually signing it and I want to ask, why is that? What would be the difference?
It's based on the principle of "give as little information as possible."
Why do they need to see your real signature?
It doesn't benefit you in any way.
@@RWlawFL Thanks, I was curious about that and thank you again as I'm going to using your advice to compose my letter today!
Great! Let us know how it goes!
What abt a Morgage being bought? My moms (70's) bank, Bank of America sold out to Ameris, who hired Specialized Loan Servicing. I JUST read on the back of her "statement" THIS IS A DEBT COLLECTOR". I HAD NO IDEA. Im just starting to start taking over/her affairs.
Keep an eye on Ameris. They only count as "debt collector" if her bill is past due, but federal law gives you some rights regarding mortgage loan servicing.
@Ricardo&WasylikPL Thank You for this Valuable Information!
You’re very welcome!
What about if the same creditors file it twice in a 2-year period?
First time at July 2022. Last time is last month. Can they do that
That may be a violation, but it depends on what happened with the first case. Are you in Florida? If so, give us a call.
question how should i dispute late payments that are reporting on an account that's in a hardship program and they are still showing the account as past due. Meaning i reached out to my creditor and explained i was having difficulties due to a stroke i had just and asked if there was any arrangements that could be made. i was told that they would put me in a hardship program and the account would be updated as payment arrangements made but they are still showing past due even though i was told that by being in this program this wouldnt happen. What should ido
If a debt collector has lied to you, they've broken the law and you may be able to sue them.
Hello There, your videos are very helpful. I recently checked my credit report, and there's a collections account reporting on my credit, however the account is fraud how do I dispute the issue? I disputed the account in which it just came back as updated. What steps should I take next?
If you believe that there is a collections account on your credit report that is the result of fraud, the first thing you should do is contact the credit reporting agency (CRA) that is reporting the account and dispute the information with them. The CRA is required by law to investigate your dispute and provide you with the results of their investigation within a certain time frame, usually 30-45 days.
To dispute the information with the CRA, you will need to provide them with any evidence you have that the collections account is fraudulent, such as a police report or statement from the creditor indicating that the account is not valid. You should also include a detailed explanation of why you believe the collections account is fraudulent, and request that the CRA remove the account from your credit report.
Once you have disputed the collections account with the CRA, you should also contact the creditor that is reporting the account and dispute the debt with them. You should provide them with the same evidence and explanation that you provided to the CRA, and request that they remove the account from your credit report.
If the creditor continues to report the collections account to the credit bureaus after you have disputed the debt with them, you may need to take legal action to have the account removed from your credit report. This could involve hiring a lawyer and suing the creditor in court.
Thank you for the video. I received two statements from the debt collector. The transaction charges are very different from the NEW BALANCE AMOUNT. Do I need tailor the letter different from "provide a detail statement of the amount"
Your wording is fine.
I The problem my lady and I are having is we were paying creditors but they didnt update the amount. The amount they say we owe hasnt been updated to refelct what we've payed.
That’s a violation you could sue for.
Hi there, so glad I found your channel!
I spoke to a debt collector about a debt that I do owe. However, it was the wrong amount. I told them this and sent the court ordered document. With the correct amount. They sent a revised letter with a revised amount, but still not the court ordered amount. I assume they added fees, which in Georgia, I read they can't do. Am I able to have this item removed from my credit based on them trying to collect an erroneous amount?
If you sue them for collecting illegal fees, which you probably can do here, they will probably have to remove it from the credit report.
You also have a right to dispute anything on your report that’s inaccurate.
I want to dispute because the collection agency is wrong stating I opened account in January of this year when the original creditor say open the account in October 2021.
It sounds like the information is on your credit report. If so, you'll want to send that dispute straight to the credit bureaus, not the debt collector.
Is there a form for Statute of Limitations where the debt (my hospital bill) is passed the SOL?? Any help appreciated.
If a debt collector is trying to collect a debt that’s beyond the SOL, and they can seal this fact, you can skip straight to suing them.
What about in the scenario that the creditor never billed insurance correctly, so while in the process of fixing this error and re-billing insurance (and they said it wouldn’t go to collections while in this process) they sent it to collections anyway. Before insurance could fully pay whatever part they were going to pay….so I shouldn’t owe the full amount but I don’t know what I truly owe because it didn’t get completed with insurance.
This sounds like a dispute with the underlying creditor. If this is a Florida case, we may be able to help. If it's not, consult a lawyer in your state.
ricardolaw.com/contact/
Hi, thanks for the great video. I used to work for a company about 3 years ago or more. I had to quite my job and leave for a family emergency outside the United States, i did disused the emergency and let my supervisor/team leader know that i was going to leave and wouldn't be able to come back to job as i should have. The company/my former employer kept sending me my salary for some weeks when i was gone. i thought that was a bonus or maybe they counted those as my paid holidays and then after about two months or so it stopped. Since i was gone i wasn't able to contact my former employer, but i was in touch with my supervisor. After almost 1 year, i received an email telling me to refund that (4 to 5 thousand) . I did not reply back to the email. I moved to a different address after i came back, Now after a long time, i visited my old address, and the management office had a new letter for me. It is from a debt collector showing a crazy amount (more than double the actual amount) debt along with a letter with some options to chose from. Now my question is, can they legally do anything about it? would they keep increasing the amount and will be held liable for that? should i contact the debt collector or file a dispute? or just ignore it?
It depends on your state law and whether you need to repay the additional salary you got.
What state are you in?
@@RWlawFL Thank you for the reply, I am in Washington state.
Unfortunately, we don't know the laws in Washington state. You'll need to find a lawyer near you who's familiar with this area of law.
Hi,
This is a awesome video! I have a collection agency reaching out in regard to an OJI (On the Job Injury) claim where I was insured and visited an urgent care facility. The company that I was insured with has yet to pay for the bill and now it is on my credit report as a debt. Should my letter fall under the second example of “the amount is wrong” or would my letter be completely different? Mind you it’s from 3 years ago. The debt collection agency has been sending letters to the wrong address.
Thanks!
If you don’t owe the debt because someone else was supposed to pay it, just say that.
I was told before that handwritten letters are more effective. If handwriting a letter are you to print your name vs signing?
Why would you give them a handwriting sample? How many ways could that go wrong?
I just received a letter from a debt collector for questionable fees to an apartment complex where I was guarantor for my daughter. I never received any correspondence for outstanding fees from the apartment complex when she moved. We did a thorough clean of the apartment according to their requirements and also paid to have the carpet cleaned and provided the apartment complex with a copy of that receipt. We also understood that we may not get our deposit back because the kitchen cabinets would need to be painted. Other than that, there should have been no issues or outstanding fees after the keys were turned in. Should I still submit a request for validation to the debt collector? Should I request a detailed list of the outstanding fee from the apartment complex? Should I ask why they didn't contact me directly prior to contacting a debt collector? What is my next step?
If you got a letter from a debt collector, you can dispute the debt and ask for validation of the amounts.
But if they're not doing anything more than sending letters, you can safely ignore them.
Somehow experian came back “Verified” for a collection account I have no knowledge of. Do I send another letter asking for proof of signed docs, to Experian? Or to the Collection Company itself?
Experian won't have, and couldn't give you. any signed documents. But the collection itself should tell you who the original creditor is.
If it doesn't, you can dispute the debt with the debt collector and request the name of the original creditor as part of your dispute.
You're in luck! We're dropping a new video Tuesday, Nov. 30, to tell you about the new rules that apply to debt validation letters for situations exactly like this one. Keep an eye out.
Thank you for your information. What if the debt had been paid to the doctor just before creditor letter arrived? Do I let the debt collector them know in letter that this has indeed been paid to original owners of this debt?
If you’ve paid a debt that’s always a great point to raise.
Is it valid to dispute based on finances? If you can’t fully pay the amount, can you lower it? and is it fine to send a dispute letter electronically? and if they never sent proof of debt, should you validate it first?
“I can’t pay” is a confession, not a dispute.
Watch our Debt Collection Battle Plan video before you make any damaging admissions.
I had an accident in NH, and I had no insurance (legal there). A debt collector called me, but has sent nothing written. I got a suspension notice from NH DMV. They said after a $25 restoration fee "Security required or an agreement signed by both parties indicating the matter has been settled . . ." What does the security required refer to? If NH does not determine fault in accidents, which is what the cop told me, how can they take the collection agency's word?
Because I'm not in NH, and don't know NH law, none of this makes any sense to me.
Hello, I'm in ND. I got a court summons from a debt collectors lawyer stating a principal amount plus pre judgement interest and cost to date, nearly doubling the principal amount. Also stating costs and disbursements including service of process fees, filing fees, and other such relief as the court shall deem just will be added to the total amount owed.
I don't recall ever seeing this collections company's name before either through phone call or mail. I recognize the creditor but not the principal amount.
If I use the outline for a validation letter you posted, do I send it to the collection company or their lawyer? Does this stop the summons so I don't have to appear in court?
If you got a summons, go straight to a lawyer who handles deft defense or FDCPA claims in your area. Don’t mess around trying to fix this without professional help.
What would happen if I just sent a blank page certified mail? How can I prove what I actually sent in the mail? If they got a blank page and kept collecting what if I argued I sent a dispute letter and they claim I didn’t. Or on the other end what if they claimed I sent nothing to them but a blank page even if I sent a dispute.
And then what would you do, perjure yourself in court about it? Pretty bad idea if you ask me.
Question: Can a total (full) amount of debt be sent to multiple parties for collections? I.E. Total balance went to two separate renters' credit reports, thus doubling the total. How is this disputed? Thanks in advance.
If it's the same account, it gets scored as one account, so there's no "doubling" the total.
Watch our Debt Collection Battle Plan video to see what you should do next.
Virginia charges personal property tax on your personal vehicle, long story short, the Virginia DMV still mails me an annual tax assessment bill the last two years to me in New York. I haven't lived in Virginia since 2021. Now it's in "collection". The DMV will probably just tell me it's in collection and the collection company will have to eat it?
Nothing we say on this channel applies to taxes. Contact a Virginia lawyer if you have any questions about taxes there.
i got a credit card 6 yrs ago and never payd it and during covid i went to get a test and thought my insurance would cover it but it didnt now both of those went to collections deliquent now im trying to get a car and that is holding m back what do i do
What have you tried?
I got a letter from midland credit saying it is a “Attorney Review Planned” and it’s says final notice and in the back it says who was the company I owed and that it was charged off and that Midland creditors are now the sole owner of the debt….I live in Massachusetts and have no idea what to do cuz I didn’t receive a letter asking if I would like to dispute and I am not working so I have no idea what to do….can I still dispute or anything else besides pay because I am not working
If Midland hasn’t sent you the five day letter, they are probably breaking the law, and that means they might owe you money.
There are a ton of consumer lawyers in Massachusetts who can help you. Look for a lawyer who handles FDCPA work.
I'm in Florida and I asked them when should send them their cell phone and as time pass they said I could keep the phone but I called and said I don't want it anyway they didn't answer my question so now they are contacted me again
I don’t understand your question.
When a creditor's letter (of balance due) alerts you of potential identity theft or fraud (ultimately, not my debt) & you notify the creditor it's not my debt...then, a law firm begins collecting the disputed debt, are there different responses or actions to take? Should I also be sending letters to the original creditor validating & disputing the debt? Thanks from Tampa Bay.
Joseph, if you’re dealing with a law firm on the other side, and you live in Tampa, please call us ASAP.
Is there a letter I can send about a medical bill to a medical collection agency about the No Surprise Act?
You'd need to create a custom letter explaining why you feel the Act applies to you and what you want done to fix the problem. A one-size-fits-all letter would be worse than useless.
Hey I recently came across a collection debt on my credit report and I was never contacted by the collection by mail or phone. also was never given any notice or billed for this by the company they are collecting for should I still dispute it? or how should I go about it
You shouldn’t dispute a credit report entry, unless it’s in accurate, obsolete, or contains other unverifiable information.
What about the credit reporting is somehow wrong? If you can’t find that, then there’s no legal basis for you to dispute anything.
Hey any advice on repossession?
Once a car is repossessed, any debt collector has a higher obligation to prove any remaining debt. This is a very specialized area of the law and may vary from state to state.
I was fighting a lawsuit against a junk debt buyer, The plaintiff asked the judge to dismiss the case without prejudice because his client didn't have a sworn affidavit. What are the chances of them refiling? I was ready to go to trial,
If it's without prejudice, then they can refile. This is why we teach "total victory" over a debt collector, where THEY pay YOU instead of the other way around.
If there's old debt reporting on your credit report, is it worth validation? It's past the statute of limitations.
What state are you in? I may know when attorney that specializes in that particular fact pattern who can help you.
What if I owe an amount but it includes ridiculous "admin"fees which are more than the amount owed for the tolls? How do I word that to get them to send me an updated bill showing the actual charges without the admin fees?
The fees are either legal or illegal-depending on your state law and the contract you agreed to when you took the debt.
If the fees are illegal, you can sue the debt collector for trying to collect them. (Don't bother negotiating with companies that do this)
If the fees are allowed by your contract, it probably doesn't matter how "ridiculous" they are unless they somehow break state law.
what about if I didnt know and the account is about 4 years old they ask me to make a small payment i did ill guess they open it again but now they charging me more for what i owen a first. is credit card debit and is from thir party minland credit management. can i still disputed or fight for or not since i made a small payment ? thank you for your time .
Watch our Debt Collection Battle Plan video.
How would I write a letter for a collection I found on my credit report that I don’t recognize?
A debt validation letter is the wrong tool for this job. 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.
In November of 2022 I paid off several medical bills before the new year that was left over after my insurance paid their part. Well the new year 2023 those same debts rolled over to the next year with my health insurance changing to a much lower insurance I didn’t choose myself so now all those bills came back with my owed amount much higher even though they were already paid which I have proof of payment for that amount was not added to my co payment last year..it’s not in collection yet but anthem is giving me the run around even though I have 3 creditor letters saying it was paid..what do I do now..I’ve paid over 3k of the $4k they say is my responsibility for 6 hours in the er?
If a debt collector is trying to collect a bill you've already paid, that's a huge problem for them.
Is there any point in contacting you for help or hire if we don't live in Florida?
What state are you in? We might be able to send you to a lawyer in your state.
Great content! What if I have 3 small charged offs? $152, $205 and $300. Their with Discover, Open Sky and TD Target. Can I just pay them off and then dispute the info? I can see the date open, last active and last report are all over the map on all 3 account. I’m short on time I need to get them off within 60 days. Thanks!!!
Paying the accounts won't remove them from your credit report. Check our video about this:
ruclips.net/video/UdM0_Zro8Bk/видео.html
What if the amount my landlord sent to collections is inaccurate and wrong and it’s against what the lease says. What do I put in my letter
All you need to say is you dispute the debt. When they come back with “verification” and it’s wrong you can sue.
I have heard that when contacting the collection agencies your account does a reset, while the debt would be at your record for 7 years and then it is automatically deleted. If my account is 4 years old, what should I do then?Thanks
The debt only stays on seven years from when it first went unpaid. There is no "reset".
What if you don't think they have the right to collect?
You can say that in your dispute letter as well.
Hey I have a question. If the company tried to collect debt and couldn’t get you to pay, don’t they write it off to their insurance company as a charge off…which means they’ve been compensated for the debt then they sell the original debt to a company who will come after you for payment….ISNT this company who bought original debt trying to collect on this debt twice ? How is this Legal that they can try to get payment from a debt that’s been charged off meaning it’s paid…not by you but insurance swttlement
There is no such insurance for the vast majority of debts, and what little there is (usually mortgage insurance) requires the insured or allows the insurer to go after the borrower for any unpaid balance.
What if they already have the last four of your ssn# on the notice?
That doesn’t change anything I’ve said in the video.
Hi, I tried to complete everything online about TRS , and this stuff of dispute but they asked me to put my rooting number and account number there, should I fill it or pass? What can I do?
Thanks
NEVER give a debt collector your bank information.
If you're still looking to dispute a claim, we have free letters forms available for your download. you can find them here: rwlaw.gumroad.com/l/letters
Can you dispute if already being sued and have court date? FL
If you have a Florida court date, call us immediately. A dispute letter is not enough to protect your rights.
Hi, I sent the validation letter to the collection agency, on the validation i requested proof of the original contract or agreement bearing my signature but they did not send me what i asked for. I can tell that the collection agency do not have any contract or agreement signed by me. The collection agency is telling me that i need to sign the validation letter with my signature on it. DO I NEED TO SIGN THE VALIDATION LETTER? What laws under the FDCPA state that the validation letter must be sign?
Can you please give me your advice on what to respond to the collection agency on this situation.
They don’t have to give you a signed document. We’ve done several videos on debt validation and I recommend you watch each of them to get a complete answer to all these questions.
What if I've done the dispute, they respond, the debt is probably mine, but they never report there debt as disputed to the credit bureaus? Is this violation able to be sued? Would you sue for each credit bureau that was not notified? Ie. Three credit bureaus, three violations?
If they report but fail to report the dispute, they’ve broken the law and you can sue the collector under the FDCPA. It would only be one lawsuit with three violations.
Hello,
I am filling out a CSU application for college and it is asking me to input my Parents' adjusted gross income (AGI) for 2022 and my Parents' untaxed income and benefits for 2022. I know the AGI can be found on line 11 of the 1040 form on the 2022 Individual Tax Return, but I want to confirm where I can find the amount for the untaxed income and benefits? Is it line 2a where it says “Tax-exempt interest” or is it line 2b where it says “Taxable interest”? Line 2a is blank, but line 2b has an amount. Which one would I put?
Thanks!!
I have no idea. Have you tried a specialist in that area?
Is it true that you can dispute a debt by having them send you the original contract. If they can't provide that within 30 days, you can have the debt removed?
How about concating then to pay a less amount (pay to delete).
>Is it true that you can dispute a debt by having them send you the original contract. If they can't provide that within 30 days, you can have the debt removed?
NO. This is an internet myth.
Check out this video to see what really works: ruclips.net/video/zcV35XzVzdA/видео.html
Question regarding when suing debt collectors. Is it worth it when the attorneys fee are taxable for plaintiff? Say the debt is $2 and the win is $1000 but attorneys fees are high. At the end of the day plaintiff might loose money. How much are attorneys fees in cases like this?
Under the FDCPA attorney fees are on top of the recovery. Our settlements always make sure the client gets their sue without having to worry about fees cutting into that.
@@RWlawFL I guess I didn’t phrase my question correctly. Attorneys fees are taxable correct? And plaintiff is responsible to pay taxes for those fees. There is a chance that depending on the plaintiff tax braket he or she might end up having to pay more on taxes than the actual debt that collectors are seeking?
We can’t give tax advice and any tax advice we might give is likely wrong. So whether a lawsuit will result in tax consequences would be a matter to discuss with a CPA or similar expert.
@@RWlawFL ok I understand. Thank you for the prompt replies.
hello i recently received a letter from the debt collector about a bill i owed to the hospital. im VERY new to this and im kinda scared of getting a lawsuit/sued or possibly having my credit ruined from this. the only reason i didn't pay the owed bill was because i can't afford it, nor my family can help me. i recently did get health insurance though. is there ways to deal about this? do i need to call my hospital? what will the collector do?
Many hospitals have charity waiver programs for those who can’t pay. Look into that first.
Can a breach of contract constitute disputing a debt balance?
I don't understand your question.
I have two collection accounts that I had a dispute with but no answer and no validation letter. them, what I do next? Bronx, New York
At this point, it's probably going to be best for you to speak with a debt collection lawyer in New York. There may be a violation there, and there may not.
im so confused so we dont have to send to Equifax, Experian ?
Debt validation letters only go to debt collectors. If you want to dispute something on your credit report, those are different letters that we mostly don’t talk about here.
When the Dunning period passes, now it’s “Assumed” to be your debt is this why the debt buyers start reporting to the credit bureaus?
They can report whenever they want, and don’t have to wait for that period to expire.
They do not have no authorization to report any activity to CRAs.. it is your private information that cannot furnish without permissible purpose..
Unfortunately this is wrong. Dermatology collectors don’t need your permission to report unpaid debts. The main requirement is that their reports must be factually correct.
Hi. Good evening thank you for this great info. But what if I never signed a responsibility account document or the estimate for the veterinary services they sent me to a lawyer for?
Hopefully you could provide some information as I had received an attorney letter I am not sure if to respond or not.
Thank you in advance.
I'm in Georgia.
If they overcharged you, or misled you in someway, that might be a problem. Whether you “signed“ something or not probably doesn’t matter.
But Georgia law may be different. I’m only license in Florida.
@@RWlawFL Thank you so much for your response. I am still trying to find a consumer protection lawyer in my area, unfortunately I've not succeeded. Do you know of one you could recommend. Thank you.
In Georgia, call Steve Koval: (404) 350-5900 and let him know we sent you.
What if the debt isn’t valid bc the contract upon which it was based was had a termination clause that was met. Daughter signed housing K with sorority, then transferred to another school and met all her obligations for establishing status to nullify the K. And now, 2 years later, we got a collection letter.
Sounds like a violation to me. Did any of this happen in Florida?
Hello, I went to HCA emergency room last year. I am an adult on my own medical insurance via my employer. Whilst in the emergency room waiting room the attendant requested a next of kin. I provided my mother's name and they then put all billing under my mother's name (who was never with me). I called over 10 times to several different people in HCA billing requesting that the information be corrected without remedy. Now, they sent my mother to collections. Should my mom provide all the details of what occurred or just that she doesn't owe the debt, was never present and never committed to the debt?
If they're trying to collect a bill she doesn't owe, that's a debt collection violation. If she's in Florida, we can help-just give us a call.
What about debt claimed I owe to the V.A.?
That’s not going to be “consumer debt” so nothing on this channel will apply.
Does it have to be signed at all whether print or wet?
Not really.
@@RWlawFL thank you.
The original debt was past the statue of years. Can the collection company still come after
Yes, but you can defend.
Interestingly in my case the amount the credit agency is collecting is less than the original medical bill I owed. The agency is only charging me some of the amounts from the original bill which was less than 150 in total. My name on the address of the letter was also incorrect on both the original bill and the letter from the agency, which is why I wanted to dispute the bill but if I dispute it could the agency charge me the original amount after reviewing the account?
Yes, they possibly could.
I sent a dispute letter and the company did not provide me anything that shows they were signed the debt nor were there any signatures to verify what they sent. So I responded back that they did not meet my demands and unless they can verify the debt to leave me be. My questions are what's the next step from here? And the account is showing on my credit report with the original creditor? Is this what I should be disputing or only if the collection agency shows the acct on my credit. Tysm!
We offer a complete course on how to dispute your debt and what the next steps should be:
rwlaw.mykajabi.com/crush/
What if I never received any letter from AWS Collections?? Which I have never received any heads up or call from this AWS Collection agency. But they already put this collection account on my Experian Account??
No one Hass to send a letter before reporting a debt to The credit reporting bureaus. They only have to do that if they’re actively trying to collect from you through communications or court action.
What does that mean for the debt validation scenario?
It’s a gray area in the law. There appears to be no requirement that they respond to your dispute, unless you disputed in response to the 1692g notice.
My next question would be, if you really don’t recognize the original creditor as reported on your credit report, and they should be reporting the original creditor, then you may be the victim of identity theft and you could possibly proceed that way.
@@RWlawFL I’m only aware of this collection because it popped up on Experian. It just say AWS Collection. So since Experian is claiming it’s verified, should I send a letter to experian asking how exactly did they verify this collection? Or send a letter directly to AWS Collection directly?
If it's inaccurate, obsolete, or otherwise incomplete, you can either send a follow-up dispute or go directly to suing them for any damages you suffered.
what if you've never received a call nor a letter about the debt?
Then there’s nothing to respond to.
Thank you for this! Should we send this letter if we've received a pre-legal notice? Will sending this stop/delay them from suing? I have a notice and they gave me just one week to respond.
You can send this letter for a pre-legal notice, yes. In fact, you are likely to get information that will help you uncover a violation, depending on which debt collector you're dealing with.
Check out our Debt Collection Battle Plan video.
@@RWlawFL Thank you!! I'm dealing with Midland.
You're welcome!
Midland is exactly who I was thinking of. If you're in Florida, give us a call.
@@RWlawFL Well I sent the letter certified return receipt, but it's stuck in a processing center. The USPS mail has been horrible recently. I don't know when it'll get there. Today was the deadline on the pre-legal letter Midland sent me, so I called and just said I'm disputing the debt and request that proof of validation be sent to the address on file. I just wanted to have something on record. What if they sue me before my certified letter gets there?? Should I send another via FedEx or UPS? It's nearly $200 for 2-day mail 😥
> The USPS mail has been horrible recently.
Agreed.
Make sure you had the correct address, though.
What if I’ve never been contacted. Or received any type of communication. I know about a debt bc it’s on my credit report. It’s been on it. I’ve disputed it and gotten it off in the past bc it’s my exes debt but he won’t pay it so they keep putting it on mine. It’s from a broken lease 5 years ago. I paid my portion to get out of the lease. He didn’t. Anyways they didn’t take my name off the lease so now it’s on my credit report. But no one has ever contacted me about it. I wouldn’t even know who to call about it.
If you’re on the lead, even if you “paid your part” you may still be responsible for the debt. What state are you in?
Though collections has a statute of limitations the collections will stay on your credit report as long as the bill is unpaid. If they take you to court before the statute of limitations is past you will be stuck paying the bill. Also after the statute of limitations has past their are heartless companies that will buy the debt for pennies on the dollar and harass you and lie to you and make threats to you in the hopes you do not know your rights and go ahead and pay them. These people would sell out their mothers for a dollar. A sure fire way to get them to stop calling you is every time tell them you are recording the phone call and then say the date and time as soon as you do.
1. A negative item on your credit report MUST be removed in seven years (ten for bankruptcy). This is federal law.
2. If a debt collector tries to collect from you after the SOL has runs, that's almost always going to violate federal law as well. (This is different from the seven-year period and differs in every state)
3. I've got a multiple videos on a better way to stop the calls. Here's one: ruclips.net/video/z_DqQhfQpEE/видео.html
What if a debt collector responds to your letters but doesn't sign them with ink, or doesn't sign an individual's name, but types only the company name? Thought it is better to notarize everything sent to them and everything received should be notarized, no?
No. People who recommend notarization usually don’t understand what notarization is for or what it does.
I almost never have my clients notarize anything, unless it’s an affidavit for filing in a court proceeding.
How do you know if the amount is correct? My credit report says something totally different
Watch our Debt Collection Battle Plan video to see what you should do next. Sounds like you've found a factual inaccuracy.
Is it my right to ask the debt collector for a letter saying I paid them the debt to show Equifax
You can ask them anything you want, but if they are falsely reporting that it’s not paid or that there’s a balance, you can sue them and put some money in your pocket. Check out our newest video for more information.
California: I have an attorney on contingency. We send "I don't know you, and will not pay" letters to each creditor. They respond with validation packets.
Technically, I didn't ask for validation, it was a refusal to pay letter.
The contingency attorney will not sue based on that.
John Watts says technically they've already broken the law by sending that validation packet.
Is it worth suing them myself in small claims? I'd be sitting on $1000 per creditor for 6 creditors.
John’s a pretty smart guy and he’s probably right that it’s a technical violation. Even so, I probably wouldn’t sue unless there were more aggravating factors than you’ve listed there.
@@RWlawFL Thanks! I am starting to see there is quite a gap between "yes that is a violation" and "that is something you [should file[ and [can win]". It is aggravating, honestly. This makes me want to run for office or go to law school or something.
My apartment gave me a 3 month notice that they would not renew my lease .i didn’t move out prior before the 3 months i moved out the day they told me i had to be out and now there saying i owe 1100 for fees of not giving a 30 day notice . how to i get this off my collections ?
That's going to depend on the landlord-tenant law in your state. You might need a local tenant-rights lawyer to help you.
Hello, I have a question. I have a collection on my credit report for a balance from an apartment complex. I know the balance they trying to collect is incorrect because I have the final statement from the apartment complex. Should I dispute this with the credit bureau and send them this statement, go straight to the collection agency and request debt validation, or go to the collection agency and tell them they are trying to collect money I do not owe and send them the statement?
Send your debt validation letter first. Once you get the green card back, send a dispute letter to the bureaus. Then see what happens on your credit report.
Check out our Debt Collection Battle Plan video first.
@@RWlawFL Thank you!! I have learned soooo much from your videos.
You're very welcome!
I cannot afford multiple certified mailings as they are nearly $8 now. I want to dispute and have them stop attempting to contact me. I'm in my last year of life, and have indemnified myself (judgment proof), and have transferred all assets several years ago. Which "One single letter" can I send?
Check out our free letters. If you can’t afford certified mail, then don’t.
If your only goal is to stop then from contacting you, just focus on the cease contact letter in our free package.
what do i do when a debt collector is sending me letters to my business address. Is this a good letter to send and what should be said.
You can tell them that contacting you at a particular address is "inconvenient" and they have to stop sending letters there.
Check out our free dispute letter kit:
rwlaw.gumroad.com/l/letters
Hello! So I have a question. I have an alleged debt collection for 1000 for a check n go collection they say. They never sent a letter but called on the phone. When I asked for details they could not provide me where and got upset and hung up on me. They said it was a $500 personal loan in 2018 that I never done. I tried contacting a check m go in my city after and they are closed. But I’ve never gotten this. And he also said that it was used getting my drivers license with the address that I currently live in, however, I moved into my current address last year so I know that’s a lie!
Have they ever sent you a letter? If not, it may be a scam.
What if you receive a debt collector letter but the original creditor is not on your credit report?
That doesn’t matter.
The dispute letter we describe in this video is a response to the letter you get, not anything in your credit report.
Hi there! I just received a letter from a collections agency for $25 but nothing has shown up on my credit report. I’m assuming I should send a letter to verify current debt amount? The bill is from 09/2022😭 or Would I still be able to just mail the form back with the money? I have not received any other mailings from them since then
Watch our Debt Collection Battle Plan video to see what you should do next.
Don't pay them a dime.