I'm Being Sued By Credit Card Collectors!
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- čas přidán 2. 07. 2024
- I'm Being Sued By Credit Card Collectors!
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The people calling him claiming to be lawyers are probably sitting next to the people claiming to be the collection agency demanding payment. They're probably both employees at the same office just calling people up and scamming them into paying anything they can get.
Anyone calling anyone demanding payment or offering to get you out of trouble is all a scam!
Right
Definitely
My exact thoughts
no not really but just cogs and widgets working. I did this for awhile most liekly we are willing to work with people because so many do not pay
After 6-7 years. I’d think they can’t collect anymore. I’d have advised him to ignore them because once you acknowledge the debt the click starts again. They’re probably reaching out since the statute of limitations is almost here then they’re SOL.
Dave referencing Perry Mason and Matlock...Chris jumping in to reference CSI as to not confuse the listeners under the age of 40. 😂
So many sitting home collecting that government money I’m surprised they didn’t binge those tv show on cable tv.
New Perry Mason is back on HBO. It's a fresh reference.
😀
Except CSI isn’t a courtroom procedural show.
I hate hearing stories like this. I’ll never jump back in that snake pit (of having credit card debt).
So true! Snake 🐍 pit is the perfect analogy
Yoooo...you make videos right?Seen your stuff mate.Kinda good
CB, waiting for the pro CC ppl to weigh in on how he could use his awesome 2% cash back to pay this off!
💯
@@ganeshbhat3681
Appreciate it my man.
Their take home pay is actually pretty good, they should be able to settle the credit card on their own without getting a lawyer involved
Agreeed!
They should but they didn’t.
It's not a lawyer that wants to settle their debt. The old credit cards funds were purchased by or being a representative of the original company either or. So basically he just pays the debt for the settled amount or he can wait a few more years and call it a day since most will sell off or write off the debt.
Maybe. But we don't know what they're expenses are so that's impossible to say.
Don't settle if it past SOL the burden of proof is on them the debt collector. I've been sued past SOL I won may case because they could show proof I made payment within SOL. They try some stupid spread sheet and I asked to back up the spread sheet with my account number I used or the confirmation number. They tried anything to make it stick they tried that I made a payment with my bank account they tried saying I mailed it, PayPal they even went as far as I payed with western union well where's the paperwork that shows I payed ect. I bet you anything they aint gonna be able to produce it.
Guy sounds like a hostage or he is in hiding during a active shooter situation.
This comment lol
Well he has been careless with his money so he sure is hostage to his own decisions.
Yo 😂😂😂😂
😂. Right. The poor dude. God bless him to get it together. He’ll get there.
LOLOLOLOL!!!!!!!!!!!!!
He should demand written debt validation. These “lawyers” sound like scammers. Don’t pay a dime without verification, and bring up the statute of limitations.
I have no credit score but it feels so good not to have debt
I have a paid off house and no payments. I will never use credit again.
I was in a mess with credit. I had charge offs, late payments, etc. I checked my credit score for fun. It's a 528. I have no interest in raising it. I don't care if it was a 300.
I’m 19 and have a 759 credit score , just use it for food, gas, groceries, phone bill and that’s it you can build it with under $500 worth of buying. Then I get cash back for using these services. Really should consider it and instead of paying everything with a debit card, try using a credit card and pay it off right away.
I have a spectacular credit score and no debt. Just pay off your credit cards every month.
72K a year AFTER taxes? PAY YOUR DEBT! Sheesh.
Like, for real!
u don't know what bills he has and whether or not he has kids. great money for someone single. not so much for someone with a family when it comes to extra money on hand
@@michael567jober That is a lot of Money no matter if your married single or have a kids. He can definitely pay off 3 grand.
We all know of a guy who claims to be a billionaire that doesn't pay his debts,I would take a page out of his playbook.
@@turdferguson1567 sure, Al Capone!
He takes home 6k a month and is having trouble paying 4 grand in debt? I've paid bigger debts with less pay.........
This caller is living the life.
The more you make the more you can spend,right?
@@xxZerosumxx if you are careless yes
@Charles T (popping charles on the back of his hand) "you! Go and sit in the corner 😜
Don’t judge people you don’t know.
If you are being sued by a credit card company. The Marshal would show up at you house serving papers. There would be a docket number with that. You are allowed to challenge the debt in court.
Make sure you answer your summons. Do not allow them to file a default judgement on you for not answering the summons. Make them prove in court that the debt is valid. if they don’t show, then ask the judge to stop all collection activity and dismiss the case. Also check your state’s statue of limitation. You can often have a case dismissed if it’s passed the statue of limitations. But if you don’t show up then a default judgement will be granted even though it’s passed the statue of limitations.
FALSE INFORMATION. Its simple, ignore them.
Did he say "over seven years ago"? That could be beyond the statue of limitations.
It's beyond that time frame, but what happened the original company sold off debt to a company which is represented by lawyers and are trying to grab at money and really all those don't even affect your credit even though they can actually come into your checking account and grab your money with correcr paperwork
It is over the SOL. SOL in Texas is 4 years.
@@bullonwallst Doesn't matter who sold what debt to whom, past the statues of limitations.
@@kateruterbories2692 Sure it does. Debt as it's transferred starts over for an additional 7yrs. If you even are in contact with them.or make a payment on a debt that is old it starts over.
@@bullonwallst only if you take credit for the debt. Always use the phrase "alleged" and never accept the debt as your own. Doesn't matter if it is or not. My friend was sued for a debt that didn't belong to her and we learned a lot about the Fair Debt Collection Act and the scumminess of debt collectors.
$6k month? Pay off your debt.
Lots of ppl live really well on 3k a month!
@dachicagoan Bingo
@dachicagoan Sounds like 90% of Americans.
@dachicagoan Yep, that describes a lot of high earners. Just cause someone has a great income does not mean that they are not broke. This guy is a classic example of it.
Statute of limitations on debt in Texas is 4 years. If it's 6-7 years ago, there's a chance it's a meritless law suit if he hasn't paid or agreed to resume payments in more than 4 years.
Good point, in that case 500 buck tell them to kiss off. Their intimidation is working on this guy, he needs all the facts. They are hoping he gets scared.
But he still has to respond to the suit. No one is going to make that point if he doesn't...
@@grayandgray yup, a letter to them pointing that out probably would be sufficient.
Don't pay them period if it's past SOL they are gonna try to say you made a payment within SOL but even that the burden of proof is on them and you examining the proof. Don't accept a stupid spreadsheet that they will use. Show me the check I sent. So me the account number to the bank I used to pay it with ect. Watch they aint gonna be able to produce any of that.
@Brian Waller absolutely
6k a month take home? He should be able to pay off the debt in 3 months easy
They probably have kids, and live in an expensive area.
@@winstonzeb2842
Still no excuse.
@@winstonzeb2842 Stop making random assumptions
We don't know his circumstances tbf
@@saulgoodman2018
But if he pays something it resets right?
This guy is gonna get scammed if he's not careful.
Thank you for this advice I'm going through this after covy
He stated that he hasn’t paid on this debt in 6-7 years. If that’s the case, HE OWES NOTHING because the statute of limitations on debt (four years) in the State of Texas has run its course. Hopefully he filed an answer to this lawsuit (with or without an attorney) because if he ignored the summons, then the debt collector automatically won the case and the right to collect/garnish regardless of the statute of limitations. Hopefully he didn’t settle this debt either because if he did, he got robbed and Dave and Chris both gave him bad advice. As long as he hasn’t made any payments in more than four years on this defaulted debt, the debt collector has no legal grounds on which to collect but if they file the lawsuit and the respondent doesn’t answer the summons, the debt collector automatically wins by default.
A friend of mine in Texas is going through this, and she consulted a lawyer who said the statute of limitations is not four years in Texas, it’s much longer than that.
@@spankynater4242 your friend got bad legal advice. I confirmed with My friend who is a civil Attorney in San Antonio who specializes in debt collection law. Chapter 16 of the Texas Civil Practices and Remedies Code specifically states a four year statute of limitations and in certain instances it can be reduced to as little as two years. The only circumstance under which the statute can be extended indefinitely beyond four years is if there was criminal activity or negligence and/or intentional fraud involved in the accumulation of the debt.
$6k a month coming in and somehow he can't pay off a $4.5k credit card payment. What am I missing here?
probably lots of other debt
Bills
Spends all his money on starbucks and a new iphone yearly.
I get a new phone yearly i just don't pay for it I always do bogo offers and sell the extra phone and walla I got a free phone
Obviously not setting his spending priorities straight.
So sad that 4500 can turn someone's life upside down
Woww! Really good advice👏🏽
They didn't mention when he gets served the lawsuit to file a response in the court or else they'll default him and he'll be on the hook for the full amount and get garnished.
Can't get garnished in Texas
@@BrandyKpopcan you have your bank account seized? That’s what some of the paperwork I read.
I love these 2 guys!
Keep in mind that when you settle a debt the unsettled part is considered income by the IRS & will be taxed as such.
How will it be taxed??
@@realpristine The bank reports the loss to the IRS & the IRS reports it as individual income at tax time. Plan on paying 25% for federal & along with state taxes if applicable.
@@1132sweetie good to know... it sounds like a settlement isn’t really worth it. Lol
@@realpristine I think people should be educated & not caught by surprise like a buddy of mine..... Just when he thought his nightmare was over it surfaced at tax time.
@@1132sweetie that is correct however if according to the debtors income tables if he/she is insolvent then a tax preparer can file a special form on the debtor's behalf claiming insolvency in which the debtor would be exempt from tax liability. Same thing happened to me in 2011 following the short sale of my home after the 2008 real estate crash. I was able to legally wipe out a $54k tax liability. This does not require a bankruptcy filing, simply proof that there is a certain lack of documented income in the tax filing year. Also, unemployment compensation does not count toward that number further strengthening the debtor's inability to pay.
Same is happening to my husband. He got it when he had a job but list that job. He became a fulltime dad .
Dave needs a bigger billboard than those bankruptcy lawyers!
Ms Bee, he has one on the east side of I65, just south of Nashville. Can't miss it!
he should put one right next to their billboard LOL
@@justinacase2623 Haha I guess I just found one more reason why I need to visit Nashville! I've heard great things about the city!
@@moneybee come on! I'll meet you there. Tour Ramsey Solutions.
Ignore the debt collectors.
He was never served.
The debt collectors threatened to sue.
True. Unless there’s a court summons, there is no lawsuit.
He is in Texas. He should record the phone call with the collection agency.
Love hearing this and knowing what to say in this situation BUT so sad to have gotten to this stage in the first place
Very helpful. I hope the gentlemen got this all squared away.
There are laws in place to protect consumers (FCRA and FDCPA). Most likely they sue but don’t have the documentation to support it. Don’t be fearful. Understand your rights and then settle the debt with the original creditor. Do NOT pay an attorney.
It sounds like it’s a law firm retained by the original creditor to sue not a collector, in those cases the original creditor has documentation to prove you owe the debt .
@@bangladeshirealtor Not necessarily, and don't assume that. First of all the caller said this is 6-7 years old, which means this may be uncollectable at this point. Texas as a statute of limitations of 4 years for this type of collection. After 7 years, the negative information is removed from the credit report. This caller may not have to do ANYTHING, frankly. The law firm is just there to scare him, which it's working. You just need to know your rights, assert them, and be firm.
Moreover, very few credit card companies would keep such a low balance for that long. It's likely that they sold this years ago and that in fact this is a collector. Regardless, it doesn't matter. The FCRA and FDCPA applies to the original creditor just as much to the collector. Record-keeping in the debt collections world is TERRIBLE. Even if this account were still collectible, it is not at all certain that any documentation could be produced to show this.
I think this guy will be fine if he just takes a deep breath and keeps his wits about him.
@@brockb3692 that’s fair , I wasn’t assuming anything , I was just going off his call saying a law firm contacted him about a potential lawsuit regarding his past due debt . The law firm could go through charging him and causing an inconvenience. They are likely not to do so based on your detailed answer but we can’t assume they won’t .
@@bangladeshirealtor Thanks! And you're right to be cautious and proactive when dealing with these matters, for sure. Hard situation to deal with but you can survive!
It’s usually not the original creditor going after the debt, they will usually sell it to a debt collector by then.
I would love to see Dave reference “save dat money” by lil dicky lol
Pay your debts.
Tell that to millions of american people using their creidt cards
@@unfairsanic5089 He just did
@@ClaxtonBay123 but most americans will refuse and not all of them watch youtube
The amount of money you'd have to pay a lawyer to settle this would cost more than just settling on your own.
I’m in baby step 6 - it’s boring because it’s going to take 8 years. But, after listening to calls like these - I’m happy to be in 6😁
actual financial literacy is being taught by Dave
He makes 6 grand a month and cant pay his bills......
this!
😳 WOW!
I tried this however they said they wanted check stubs tax recs etc back info. I told them I would pay off a certain on a date within 30 days they basically didn't want to work with me so I told them do whst you want to do im not paying the full bc of the fees and im not giving my personal info
Yes I agree with this 100%. Is this one of those situations where the debt is sold to a collection agency? And then the collection agency reaches out to you? Because if so...I would do exactly what you said. And I don’t think there’s anything they can do about it
Tell them to eat dirt. You run this show, not them.
@@hyrumgomez3969 yes thats exactly what happened they had horrible reviews
Nicole Hill So have you paid them at all? You could probably get away with not paying them but I’m not 100% sure
@@hyrumgomez3969 no sir I will not they didn't want to work with in the middle of a pandemic I made them communicate via letters I don't trust these ppl
Once your credit card debt is in collection you need not to pay the full balance and you can negotiate the price down
All that for $4500?He should have just paid for it instead going through all this. He just borrowed money he didn't have and never live off a credit card if your not working. He could had just got a job through college. now filing bankruptcy over $4.5k is really dumb and was avoidable.
They borrow money to live a life that impresses others and then they don't want to pay it, anyway...
At $6,000 a month the courts probably wouldn't let him file bankruptcy if he wanted to but it would be stupid anyway.
Where did you get that he’s filing bankruptcy? SMH
If this over 4 years old he can’t be sued. It’s a time barred debt in Texas.
It could be past statue of limitations, he can file a motion to dismiss, what horrible advise
Statue of limitations on debt in Texas is 4 years.
I don't know how this affects a law suit, but it sounds like they are just trying to scare him.
If they try to sue him, he can countersue.
Statute, not "statue".
He needs to sell the car.
He’s getting scammed. Statute of limitations for collections in Texas is only four years, and he says this debt is from six years ago.
I think there's a statue of limitation, in some states the bank cannot go after you after statue of limitation is over. He may go look into that, and if the bank violates that law, you can go after them and sue them instead. Just a thought... (disclaimer: I'm not a lawyer, just a good neighbor) =)
The banks aren’t the ones who go after you, nor are they the ones who freeze your bank accounts, that is done by the courts.
I had the exact same thing happen and I was sued ... they took my paid for car and sold it auction and continued to pursue me. It was DISCOVER credit card ...and account was well over 15 years old ... I had to file bankruptcy to get out of the nightmare...
You should have gone to court. You would have won if it was past SOL
Dave.. He needs to check to see if they even have legal standing.. Is it a letter or summons?
6k a month? I remember paying off 3k trade school loan for my wife while we took almost half a year to make 6k together. How many other holes is he in that he can't just pay off 4500 or a settlement of 2000 in a single month?
Guaranteed 100% this video scared alot of people Haha
Pure comedy for me.
Collector agent: "Hi my name is Bob Smith, please give me your money and infos".
That should be past the statute of limitations
How dare they want the money they loaned you back!!
Poor guy sounds so scared.
Why are you borrowing money you don’t have? Just because you didn’t pay the debt for 7 years, doesn’t mean that they can let you go.
Exactly !! They borrow and then become outraged when banks come to charge
And do NOT pay with a personal check. They will have the name of your bank and your account number. Also, don't get a cashiers check from your bank. Get a cashiers check from another bank.
I have been there!
Dave Ramsay smiles like Rachel
Run it up & they'll be after you! Reach out to JDA Financial he'll get you right here in Dallas aswell.
SPAM
Check your credit report if it not on there don’t ever pay that
They tell you on the phone they are a debt collector not a credit collector
6K a month take home? Pay the CC
My little brother went through this I wish we had this video sooner
Doesn't Texas have a statue of limitation for suing for debt isn't it like 3 years?
Statute of limitations for most of these things is 4 years in Texas. Solid affirmative defense if you answer properly. You’d owe zero.
When you make a mortgage payment they tell you they are a debt collector not a stupid credit collector
Did I off of hear right? Single income and debit off of being sued on it because off of $4,500. Can off of that they do think that of off that they can off do that on it? What?
It's sometimes hard to hear and fully understand the callers due to bad audio quality. Because English is not my first language and I'm sad.
Relatable
If you can read English turn on the auto generated captions.
@@paulr9150 theyre usually not very good
If have a time stamp of a part you want to understand we can relate it to you
English is my third language and I understood him.
Just remember to watch how Dave reacts. Then you can understand what was said.
In Texas they can’t come after you legally after 3 years.
That is probably why they are pestering him about paying just to reset the clock.
@@waterbottle4782 most likely
That's a pretty scary letter to receive 😲
Why? They created this and knew it was inevitable.
Making $6000/month and can’t pay off $3000? That’s very odd. Sounds like you’re living well above your means...
Of course it is. Want to live a life of luxury and then have no money to pay debts
God bless Dave Ramsey he has saved millions of wrecks like me.
he forgot to mention his big car payments.
Exactly. They just want luxury to impress other and then find themselves in bankruptcy
Statue of limitations apply there!!
That is 72k after taxes.. that is pretty good. He should be able to settle this in a lump sum for 2.5k.
How come you never mention the statute of limitations??? If it is zombie debt, they can sue and take chances that the person being sued is a no show. You do show up and it will be dismissed if you cite the SOL.
I think I know what billboard you're talking about...
Keeping up with the Joneses
File a motion to dismiss easy
Im going to call to negotiate- what do i include in my response to the court?
You should have an attorney write a letter for you
6k a month isn't bad at all depending on their other debts he can easily knock it out within the next few months
ask the lawyer to verify the original debt first. that's your right.
Why is the installment payments every month not the way to go?
U end up paying more and are held down for whatever the term is.
They are not going to do anything... it's just scare tactics
Statue of limitations has passed :) henhouse have ignored them an changed his phone number :)
Statute, not "statue".
If you were never served actual papers, it wouldn't be a mailed letter(a cop or official actually has to deliver it to you and if you aren't home enough times they'll tape it on your door), then they haven't filed a lawsuit. This seems like a scam. Call the county clerk or the civil court office and ask them to search your name to see if an actual suit has been filed. If you got a letter from a collection company saying they are going to sue you, more often than not that's just a bluff to try to get you to panic and call them so they can say they've got you on record and can reset the clock.
If they are serving you papers, call the company suing you first and negotiate a payoff(have the money on hand and tell them what you can pay, don't ask for options) and make sure it is DISMISSED WITH PREJUDICE, otherwise they can come after you later on and the agreement you made to pay it off will not be admissible in court. The company suing you will then rescind the lawsuit. Blows my mind that Dave never tells people to make sure the debt is dismissed with prejudice. That written agreement means nothing without those words. The other thing to remember, I know Dave says not to give them details, but honestly in this day and age the companies have such good investigating that they will find your job, etc. in very short order.
lol.
6000 per month and you can’t pay 3000 off? Waste all of our time listening to this call
He sounds like he has knowledge or understanding of credit and debt collectors.
Check Texas Law..they cant sue you..
Capitol One horrendous in going after you with companies after they sell your name. Do bankruptcy, ends the madness. Glad I did. After six months your credit gets better after u open one credit card. Just one! No more.
He brings in 6K after taxes every month and he can’t payoff $4500? Where is all that money going?
I heard that Credit card collectors can take your Roth IRA.
I don’t mean to make light of his situation but he & his wife were probably thinking “man we got away with one”. 😆. FF 6-7 years later calling Dave Ramsey skaid as all get out because his past is coming back to haunt him out of the blue. Sounds like he’s in the closet whispering.
Just pay your debt
4.5k a month is a lot of money
The statute of limitations for paying debt in Texas is four years. These ppl don't have to pay a cent, and the debt collectors can be sued for the legal fees. Don't you know about debt statutes of limitations, Dave? CZcams it!
Cam I hire a Forensic Accountant w/o a lawyer involved? My husband does not want me know ALL the financial for our company and personal accoumts/savings.
You need a divorce.
You can get this done in a legal separation.
Getting a credit card is not eveyone👈