Never do this with a debt collector! Two boneheaded mistakes many people make.
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- Опубликовано: 8 июл 2024
- 💰 Never do this with debt collectors! Here are the two most common mistakes people make when talking to debt collectors, and what you should do INSTEAD. (SEE MORE ⬇️ )
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⛑️ Want help dealing with debt collectors and junk debt buyers? Call us at 352-567-3173 for a FREE 30-minute appointment with one of our lawyers (Mention this "Two mistakes with debt collectors" video!) to find out how we can help you.
Chapters:
0:00 What mistakes are you making talking to debt collectors?
0:26 Mistake #1: Debt collectors love when you do this
1:29 What it looks like when you make this mistake
2:16 Why your voice matters
2:45 What to do INSTEAD of this mistake
3:05 The leak that puts money in your pocket
3:58 What information to get
4:33 Don't be an easy mark
5:01 Mistake #2
5:46 What you say matters a LOT
6:04 What you should do INSTEAD
6:28 How this can make you money
6:38 A Debt Collector's Promise-how much is it worth?
7:27 How to make a deal that will stick
7:50 "That offer expires today."
8:05 Avoiding the Two Mistakes
8:58 Answering YOUR questions
9:23 Who else needs to hear this?
9:39 What you need to know next
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#junkdebtbuyers #debtdefense #debtcollectors
![How much time do debt collectors have to sue you? [statute of limitations]](http://i.ytimg.com/vi/TeK09B6IVBo/mqdefault.jpg)
![How much time do debt collectors have to sue you? [statute of limitations]](/img/tr.png)
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Are you guys exclusive to Florida, or do you practice in other states like NC?
We're licensed in Florida only. For people in TX, CA, AL, and some other states, we know lawyers who can help.
Great information. I dont talk to Debt collectors at all.
I love this!
Thank You.
You’re welcome!
Great video !
Glad you enjoyed it
Awesome 👌
Thanks brother 🙏
You're welcome!
Thank you for your videos.
Glad you like them!
AWESOME ADVISE
Thank you
You’re welcome!
Good stuff. Realistic
Glad you think so!
Be a person of mystery. I love that!
Austin Powers approves this comment.
person = corporation/commercial/commerce
We are men and women
"Person" can refer to either under the law-a human being or a business entity.
Thank you for your service. This is me.
You're very welcome!
Very good information. 😁👍
Glad it was helpful!
Thank you very much for all your very helpful information, it’s much much appreciated..!
Glad it was helpful!
I just scheduled a consultation looking forward to talking to you guys.
Great!
Thank you Attorney for this helpful videos! Keep up the great work!
Glad you like them!
Enjoying your informative videos, feeling a bit nervous now though, seems like we have made a few gaffs, and not sure how to recover. Recently have had to take on financial responsibilities for a chronically ill relative with past-due medical bills some of which have gone on to collections. Is there a practice here in Springfield, IL you could recommend?
There are a large number of debt defense and FDCPA lawyers based out of Chicago that should cover downstate.
Great information attorney we appreciate your work to put these videos up! Please keep up the good work
Glad to see you enjoying these!
@@RWlawFL Does this apply for a collection attorney also? are they considered junk debt buyers or does the original creditor still own it and retains them to collect?
They probably apply more so for a collection attorney-why would any non-lawyer think it's a safe idea to speak with a debt collection lawyer without having lawyered up themselves?
@@RWlawFL I agree but what if there is no money for a retainer? Do attorney's like yourself work on some type of continency like a car accident for debt collections? kind of why we have to do-it-yourself defense, do you have any other suggestions for a situation like that? thank you very much
The point of the video was not whether you should hire a lawyer, or how many hundreds or even thousands of dollars you’ll save if you hire the right lawyer.
Instead, the point we were trying to make here is that you don’t want to make debt collectors’ lives easier for them by playing games on their terms.
Thank you for the informative video! How do I handle reaching out to a agency for paid deletions? Disputed with the bureaus, but they verified. I get uneasy when i call the agency and they ask for identifying info and just hang up. Not sure what to do…
Send them a letter, certified mail, return receipt. State clearly what you’re asking them to do and then provide whatever supporting information you have.
I assume all unknown calls are a scam and don't bother answering them. I have gotten voicemails stating that they are going to serve me and take me to court if I don't call them to resolve this matter, months and years later I'm still waiting to be served.
There are a lot of common scam calls from people claiming to be process servers.
Process servers will never demand money over the phone. Their only job is to deliver the paperwork.
A lawyer once told me " a fish wouldn't get caught if he didn't open his mouth " Anwser a question with a question. Also tell them you to are recording this conversation .
Great ideas!
1. Keep your mouth shut, and
2. If they tell you THEY might records the call, you're probably OK to record on your own.
My dad is being sued for debt that belongs to a guy with the same name as his! My dad called and gave them the last 4 digits of his social and they said it wasn’t his debt. They said they would send him a email with a letter stating this! He asked when he would get the email they said a couple of days because it’s a different department. Here we’re 4 days later and no email. The summons they sent has a copy of a credit card statement that shows the same name of a guy that lives in Tennessee my dad has always lives in Illinois all his life. He also never got any mail about this debt giving him 30 days to contest it.
This is why phone calls and emails don’t work.
Put it in writing and get a receipt.
Thanks for this wealth of information. In general, are debt collectors allowed to call your work number or a family member?
Yes, unless:
1. They know your workplace doesn't want you to get those calls
2. They know it's "inconvenient" for you to get calls at work or for your family to receive calls
3. They disclose information they're not allowed to disclose
4. They're making automated calls to a cell phone, without express permission.
There may be other violations there as well, depending on the contents, timing, and circumstances of the call.
I have about $85,000 in medical debt that the insurance we had never paid a dime it ended up in collections on my credit report. All credit reports are different when it comes to reporting each of these medical debts some have them and some don’t some had to the other one has five indiscrepancies I call it.
If you're in Florida, give us a call. If you're getting billed for amounts you shouldn't have to pay, there might be a remedy.
Great information!
I have a situation thats time sensitive, hopefully you'll be able to shine some light on it.
I just answered a consumer transaction summons & complaint for a petition to a judgement from the law firm representing the original creditor.
I have 2 months to see how I can negotiate so it doesnt go to court. Because Ive researched that the original creditor is known to be relentless and aggressive in court proceedings.
Ive read that its best to call the lawfirm, negotiate and have them dismiss the judgement proceedings. Get everything in writting.
But Im hesistent to call them up, because Ive been burned by debt lawfirms before and I dont have much money to settle, so I was looking to set up a payment plan.
The debt is for 6,000 I can only pay $40 a month in my current situation. I dont if they would even take an offer like this serious, but I dont want to keep giving them information so they use it against me.
What would you advise in this situation?
Again thank you for taking the time to read this, I hope you get to answer it.
If you're in Florida, call our office and we can schedule a call to figure out your best next step.
If you're in another state, only a lawyer in that state can really give you advice on how to handle your current court situation.
To try to get a settlement on a debt is it best to go threw the mail? Do you have any examples of a letter that would work for a settlement offer and steps on how to do that? Thanks and thanks for the helpful videos
Watch this video: ruclips.net/video/z2WERp6k6z8/видео.html
Great Video- If a collector calls and leaves a voicemail, do I call back or just wait for something in the mail?
Watch this part of the video and then tell me whether I think you should call them back:
ruclips.net/video/z_DqQhfQpEE/видео.html
If they're calling, I have no idea because my phone always seems to ring at a time when I can't answer. I don't pick up when I'm driving.
That's good.
If they leave a voicemail, check to see if that voicemail might have violations in it.
How do you determine violations in voicemessages from debt collectors? Are there rules listed?
There are a number of laws and regulations. The best thing to do is have lawyer review the voicemail, which any lawyer will do for free if they know what they’re doing.
I got a call and they left a voice message telling me that they have my social security number and are preparing paperwork for judgement for garnishment of my wages if they do not receive a return phone call. They did not say the company they are with or leave their name, I did not call them back.😐
If they haven’t sent you a letter with a notice of your right to dispute they’re probably breaking the law. Do NOT call them ever.
I hve few accounts with portfolio I don’t make any payments last time i make a payment was on 2017 but every month they update my credit report with payments the I never make to them
If they're making false reports, they're already violating federal law. You can probably sue them for violating the FDCPA.
A lawsuit was just filed yesterday by a CC company against me . Is it too late to negotiate? Should i negotiate? I don't want to be garnished
You can still negotiate, but understand that they have all the leverage right now unless you have skilled legal counsel in your corner.
Hello, When a collector called I did ask who is this first but I did verify my name and immediately told them to stop calling because I already told them before. I shouldn’t have verified my name🤦🏾♀️
In the future, don't give them any information. Probably not a huge deal though.
Great info. I’m mad I done already leaked my info to a collector
Sorry to hear that. But you still may have options depending on what they're doing to you. Check out some of the other videos on the channel.
@@RWlawFL it’s a property debt that hasn’t reported to my credit yet but the original creditor sold debt to agency called transworld system inc. so I tried to setup a payment plan over the phone so I don’t hit my credit, I never payed them though cause then I started doing my research. You thinks it’s still possible to setup a payment with them to not report debt?
It’s in FL to by the way and the delinquency date should be around July 2019
How are they trying to collect from you?
@@RWlawFL well they didn’t, I contacted them through the original creditor because I was trying to get ahead if it so it didn’t hit my credit. But I believe this is the second debt collector to be sold the debt because in 2019 when it first went to collections it was a different agency I don’t remember name. And the original credit forwarded me to them and then that collector forwarded me to the collector who currently hold the debt.
Quick question!
Thanks for the Info, however I'm seeing nothing addressing the issue of say elderly couple, one dies with debt in their name only, however there are no assets left after burial.
How does the survivor deal with debt collectors...?
In Florida, if a person dies, the debt dies with them unless the estate has assets. If a debt collector is contacting you, that is very likely a violation.
If you’re in Florida, we may be able to help you. Give us a call.
Do you by chance know anyone in South carolina good with det collection cases?
I wish I did.
Thank you, great info!... I am caught in the Amazon fraud purchases made on my cards by somebody else...all my info to the credit card/Amazon were/are not investigated, and the bills are piling up... Question: is it wise to send to the credit card(?), a Validation Letter (even I did not receive any Notice yet...or to be called in court...or to still wait for those first). Any advise, would be greatly appreciated, thank you.
Go to identitytheft.gov and follow the steps there.
I got a call a couple days ago and she said she was calling on a recorded line. I said “You’re calling on a recorded line?? Why’s that?? She said for quality assurance (yeah ok). I didn’t confirm whether or not I was who she was calling for but instead I said I don’t talk on recorded lines. She said she couldn’t turn off the recording…the end 😂
I almost never answer my phone unless it’s family but sometimes I just like to mess with them 😅
Definitely never give them any information. That’s the right thing to do.
Yes! Me too. Lol They think they are so clever.
Yes, but they're not.
They threatened me about a debt from 2004, is this legal? They deceived me because they claimed they were trying serve me and gave me a numberto call. I made the mistake of calling & talking to them and they claimed statute of limitations was 15 yrs ftom the date of it falling off my report not from date of missed payment in TX.
It sounds like they're breaking the law.
I contacted a debt collector on my wife's behalf. I recorded the conversation, I didn't tell them who I was and they discussed the account with me. I did give them an address to mail any information they have and gave an account number but they never talked to my wife or verified with her that they were actually taking to who they were supposed to be talking to. I originally contacted them because I got a notice of it going to judgement in the mail with an offer of 40% on a 8,000 medical debt.
That sounds like a huge problem. What are you going to try next?
@@RWlawFL So are you saying that could be a huge red flag? Meaning the fact that they didn't ask to check who they were talking to first? Well I'm still watching your videos and trying to figure out my next step. I forgot to say that I'm in Colorado btw. But if you think I might have something willing to bring to a lawyer then I may do that. Otherwise I can't think of anything else but playing a chess game that I'm already at a disadvantage with trying to get them down to the lowest dollar possible.
Definitely a red flag.
I'd immediately look for a CO lawyer who handles FDCPA cases and see if this is one they can take.
@@RWlawFL I've been trying but I can't find anyone that handles cases like this in my state. I've even tried contacting the bar association in my state.
There are lawyers in every state that handle these cases. Some of them might not do a good job of letting the public know they do. Try searching your local court records for lawyers who have handled cases against the specific debt collector and see if they can help you as well.
How do you determine what you charge to help in Florida?
It’s based on what you need us to do for you. As I mentioned in the other comment, give us a call.
@@RWlawFL I went to your website and sent an email.
What about emails ?
Emails have to follow all the other requirements of the FDCPA. If you don't know what those are, get our free email-course here about FDCPA requirements:
ricardolaw.com/fdcpa-course-sign-up/
What if they say oh we're not a collection agency we are servicing for so-and-so Bank that's a new one on me
A loan servicer CAN be a debt collector under the FDCPA if they assumed the loan after it was in default. Also, under Florida's debt collection law, a loan servicer must follow debt -collection limitations even if they're the original servicer.
Never let the other side tell you whether they're a debt collector. Let the courts or your lawyer tell you that.
In AZ, as long as 1 person is aware of a conversation being recorded then it legal. Even if the other or others are uninformed. So I was told by a M.C.C.S. officer.
Florida is a two-party consent state, but the point was that they don't WANT to be recorded.
I was getting a call every evening around 5PM. I don't answer a call when I don't know who is calling. Well, I finally did. He asked for my daughter who has never lived at this address. He told me he was collecting a debt she owes. I gave him no info. The next night, another call. The next night I called him. I said nothing. The next night I did it again. He got nervous and never called me again. Was this wrong? Illegal?
Without knowing what was said on the phone calls, it’s hard to tell whether it was legal or not.
Thank you for the videos you produce, very informative!
Recently I had a debt collector call my mom (they told her that they thought she was my wife, even though I'm single) and discussed my debt with her. My mom then got me on the phone and asked me on the side if I owed that money and I said yes, then I spoke with the person on the line confirming that I give her authority to speak on my behalf (my mom told me to), she then continued to agree with the payment plan they had discussed on the phone (payed first payment along with an additional $80 fee)
I was confused on what was going on (happened within 2 minutes) at the time and my mom was just trying to help me pay off my debt, but now after seeing these videos I realize that we made several mistakes.
Any advice on what to do next? I know that I can sue MCM for violating the FDCPA, but is it worth it if my debt is much higher than the violation fees?
That sounds pretty illegal for them to call your mother at all, let alone trick her into making you authorize her to talk to them.
If you or your mother are in Florida, we may be able to help you out. If you're somewhere else, we might be able to hook you up with a lawyer who can help you.
ricardolaw.com/contact/
@@RWlawFL Appreciate the reply/feedback..I'm actually in Texas.
In Texas, call Bill Clanton or Daniel Ciment.
@@RWlawFL Thank you.
You're welcome!
I received a Motion for Revival. The company said this is a bill they purchased in 2015 from a financial company . They don’t have original company info. I don’t remember owning this. I tried to find a lawyer in my area w/o success. Any suggestions? I’m in Ohio
In Ohio call Marc Dann.
I got a call this morning from a collection agency that was from a file 12 years old. The Statute of limitation in Ohio is 6 years. They were talking about taking money from my current credit account, or taking my car, or settling the debt. I agreed to and acknowledged nothing other than that I would communicate with them on Monday. So, according to your advice I won't talk with them, I will get their physical address and deal with them via snail mail. The really irritating thing is that they contacted my son as well. How should I deal with them? Please and thank you.
I can’t give you advice about an Ohio case, but if I got a call from a debt collector for a 12-year-old debt, I'd be thinking about what I'd want to do with all the money they're about to pay me for breaking the law.
UNLESS-do they already have a judgment against you? SOL does not stop collection on judgments already entered.
@@RWlawFL No, no judgeme t! And they are threatening to take my car, to get $91,000 (that's adding all the interest on a $12,000 debt,) they're not the original creditor. I told them I contest the debt, I never even heard of them, and that they can pursue me if they want, but I'll go to court if they do.
If they're breaking the law, don't do this without the help of a lawyer. You'll make more money that way.
I live in La. My only income is a state civil service pension. It is protected from collections by law. How do i deal with collectors coming after credit card debt?
Louisiana law is unlike any other state-I can only recommend you speak to a lawyer there.
@@RWlawFL , thanks
@@RWlawFL , just so you know, it is protected under La. RS 13:3118.
That does sound like good news for you, then.
They send me straight out a sue letter from portafolio collections and just few days ago was with another debt collector sunrise! The documents were serve knocking hard on my door on a Saturday night portraining be a police officer and it was no it was aman in shorts etc my debt is $1360 and only give me 20 days to respond. How much I can offer pay to them ? I was thinking to pay $240 because that’s all I have. Do u think they will accept it ?
I recommend you find a lawyer in Washington state who can help you. If you can't afford a layer, try legal aid.
My wife spoke to a debt collector. They told her that they wouldn't send her any paperwork until she agreed to their terms of settlement. Should we be concerned?
How can you agree to a settlement you haven’t read yet?
What happens when they call everyday. Then they stop for a few days then they call again ?
You have a right to tell them to stop calling. If they keep calling after that you can sue them.
I keep receiving emails from them and I delete them. The date of the debt has been re-dated from the last payment date. Does that reset the 7years?
> Does that reset the 7years?
No.
If a person in FL is temporarily of work and cannot pay one certain credit card bank who keeps raising the minimum payment and the interest rate. Minimum is over $400 right now. The person is able to pay the lower minimum on 3 other credit cards and will do so. What is the repercussions of stopping the one payment. Will all the credit cards be cancelled?
Every credit card company will approach this differently, so there is no one right answer.
@@RWlawFL Thank you.
You're welcome!
If you keep ignoring the collectors or not give them your info, they’re going to sue you anyway.
Also if you want to make a settlement, they’ll need you to confirm your info to make sure it’s you.
> If you keep ignoring the collectors or not give them your info, they’re going to sue you anyway.
They already have your info-all you can give them on the phone is a confession. That's why we recommend to communicate only by mail, only by certified mail with return receipt, and always tell them you dispute the debt.
Then if, they sue you, they're in a bad position. (See our newest video!)
So , only negotiate thru mail or email .. I have , tried , negotiating thru mail , they just send me .. there offer and I send them my offer .. I have heard from them for like 3-4 months .. wonder what there next move is
It's definitely slower, but save all your mail communications. You can use them as evidence when push comes to shove.
@@zeekflash6924 Slow and steady wins the race. How is it going?
Take their phone-call harassment away, and many debt collectors just collapse.
How does the new rule for the1 6 92G letter work? Is the debt collector required to send you a debt validation letter five days after they talk to you on the phone?
Yes.
@@RWlawFL
Can I send a dispute letter directly to a debt collector and/or an original creditor reporting on my credit report at anytime?
Thanks
You can send anything you want to anybody, but the FDCPA only applies to debt collectors, not original creditors.
The original creditor might respond to you, or it might not, but the FDCPA doesn't require them to do anything.
I received a letter from a debt collector that says it’s acting on behalf of JP Morgan-Chase. It offers a lump settlement for roughly 52% of the balance owed as payment in full. If I decide to accept it what do I need to ask for besides their written offer to insure the amount is accepted as payment in full and what should I demand from them in regards to my credit reports?
I would ask for a complete deletion of the trade line.
What if I was already recorded a few years ago and had a payment plan then stopped paying they kept taking money out of my bank account I changed my account number and stopped paying since last uear. Few weeks ago I received a final notice to pay but it was all wet from the rain that day barley legible. i sent a dispute letter to dispute the amount and a stop contact a few days at was over nighted the next day I got a call from them isnt that a violation? In my letter I asked for a amount verification and a consumer report of the debt. Can I send another letter to dispute the debt it self as well cause I think they put extra fees on the account. It was with comenity capital bank then sold to midland credit management
There's a whole lot going on here, if you're in Florida, maybe we should schedule a phone call to see if there's a violation you could sue for.
@@RWlawFL phone number? So I can call...
If you’re in Florida, go here: ricardolaw.com/contact/
Got 2 voice messages, about 1 month apart, from a debt Management service. Requested that I call them within certain business hours. Never mentioned my name, and made no reference to the reason for the call! The calls came from an area code nearby but was told to call a totally different number. Is there any reason I should respond?!
I would never talk to them on the phone. Look up the name of the company to see what they're all about, though.
@@RWlawFL Good advice! The 2 voice messages (from 2 different women) mentioned the name of the company, supposedly a debt management service, along with a call back number. Lately I see their number come up but they DON'T leave a voice message! Go figure.
Might be a scam.
Ok well how in the world can anyone settle with a debt collector because it seems its not a good idea to talk to them? Hiring an attorney would probably be more expensive than actually paying the debt. So what are the steps we can take to settle?
For most people it’s cheaper to hire an attorney because it helps ensure you get the agreement done right and never have to deal with it again.
But for those who prefer to take the risk of doing it themselves, we recommend doing it in writing, and we’ve published a number of videos (including this one) on how to do that.
@@RWlawFL ur right jfc723, you would think it would be more costly to retain an attorney but that is usually not the case. You have to have a strong case so that the attorney will be willing to accept. If the attorney accepts ur case and the attorney works on contingency so if the attorney accepts the case and looses u don’t owe the attorney any legal fees. Attorneys on contingency will only accept cases they k ow will be profitable for you and the attorney. So when ur attorney wins the case you are not responsible for legal fees outta pocket, I think it comes out of ur settlement tho but I could be wrong. If u win the case who pays for your attorney fees,does the debt collector or does it come out of my part of the settlement we won?
the debt collector has been accruing interest since 2017 ... I wasn't made aware of the debt till a few months ago 2021 is this legal ?
What kind of debt is it? And why didn't you know about it?
@@RWlawFL its debt from a renter . I had made a verbal agreement with I now know wasn't smart but basically left a lease early but when I talked to the apartments about it we made an agreement that it was ok for me to leave early . I left and never heard about it again then now four or 5 years later debt collectors have contacted me . so I'm just now hearing about it but the debt they want is all mostly interest .
Generally speaking interest can only be charged if the contract or some state law allows for it.
You have a copy of your original lease agreement or can you get one?
Please can you tell me what to do because i received a letter recentely but i didn't know that it was a debt collector than i called them and i said to them to give me time to think and i will back to you,i reallised that its a debt collector after i hung up the phone,what to do ,any advise please??
We'd be glad to.
STOP CALLING THEM.
Instead, follow the advice we give in the video.
@@RWlawFL thank you so much
You're welcome!
My daughters cell phone bill was charged off by Verizon and a debt collection company sent me letters, emails and has been calling. I know that my credit score has dropped 20+ points because of it and I'm thinking about possibly working out something cause those points I could really use.
Just went back and looked at that debt and it looks like I received letters and emails from 2 different debt collection companies about the same account. Back in November 21, 2022 I received a email from Convergent Outsourcing and on January 16, 2023 I received a email from I. C. System. I received the emails after receiving letters from both debt collectors.
Watch our video on how to negotiate with debt collectors, because that might give you some tips what to do next.
@@RWlawFL
I just watched that video.
So calling them in regards to trying to settle a debt os quickly as possible isn't the best idea? I was going to have them send me via mail or fax the conditions I'm offering so that I can take care of it.
I never recommend negotiating on the phone. That's the entire point of this video.
If I get a phone call and I don't recognize the the phone number. I just don't pick it up.
For most people, that’s the best approach to take.
@@RWlawFL Another way if you pick up your is to ask them who is calling. Ask them the name of the company, what their name is, phone number and them that your lawyer will contacting them. It works all the time all they do is hang up the phone.
It's better to send them a letter telling them not to call you. Then if they call you after that, you get to sue them and put money in your pocket.
Accidentally "confirmed" my contact info but never agreed to the debt they called me for. Would ignoring their calls or mail from here on still be advisable?
Watch out Debt Collection Battle Plan video.
If you did not get it in writing. It did not happen. 😊
Agreed!
Are they allowed to call your job if you live in CA ?
Federal law bans them from disclosing your debt to anyone but you and there are limits to calling work.
In California, call Mike Cardoza: www.cardozalawcorp.com/
mistake number 1 you answered the phone
Agreed, but some people have told me they don't have the ability to ignore calls.
I accidentally gave them my current address what do I do ?
Just don't give them any more information. You can't unring the bell on this one.
@@RWlawFL It’s a county Court fees that are being sent to Municipal Services Bureau instead of the Franchise tax board It’s a zombie debt it’s super old and the tax board even advise me not to pay it
None of that sounds like something that would happen in Florida, so it's hard for us to tell you what else to do.
@@RWlawFL thank you I have a feeling it’s a scam because my credit report is clean but they are threatening to report it to the bureaus , I’ll just dispute if they do
Good luck! Let us know how it goes.
too late
Sorry to hear it.