NEVER PAY COLLECTIONS! Telling debt collectors they get NOTHING in 2024
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- čas přidán 27. 06. 2024
- NEVER PAY COLLECTIONS is one of the most popular pieces of debt-collection advice you'll see here on CZcams. But is it true?
Florida debt defense lawyer Mike Wasylik explains WHEN and WHY you might want to pay NOTHING to your debt collector and when that might not be such a great idea.
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📫 Get five sample letters, detailed instructions, and almost an hour of attorney instruction on how to use dispute letters to crush debt collection:
rwlaw.mykajabi.com/crush
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📞 Get Florida help for Florida cases! Contact us here: ricardolaw.com/contact/
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⛑️ Want help fighting off debt collectors so they get NOTHING? If you're in Florida, call us at 352-567-3173 for a FREE 30-minute appointment with one of our lawyers (Mention this "Never Pay Collections" video!) to find out how we can help you.
Here are some of the other videos I mentioned in this one:
🎥 How to negotiate with debt collectors: • BEAT DEBT COLLECTORS: ...
🎥 Why it's GOOD to get sued: • It's GOOD to get sued ...
🎥 How you can make debt collectors pay YOU: • DEBT COLLECTOR SETTLEM...
What you'll find in this "Never pay collections" video:
0:00 Is it true you should never pay collections?
0:46 Two questions you need to answer first
1:11 Three ways debt collectors may be bothering you
1:48 What a debt collector MUST do on your credit report
2:24 Two ways to remove a collection from your credit report
3:02 How to negotiate a "pay for delete" deal
3:37 How to stop phone calls and letters from debt collectors
4:10 The risk of cutting off contact with the debt collector
4:35 What to do when the debt collector files a lawsuit against you
5:06 How to get the help you need
5:40 Got a debt collection horror story? Tell us here.
6:08 Here's what you need to know next
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👍 OTHER VIDEOS YOU'LL LOVE
Debt Collection Playlist
• Debt Collection and Ot...
Credit Score Fix Playlist
• Credit scores and cred...
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🗣 FIND US ONLINE
Facebook
/ rwlawfirm
Web
ricardolaw.com
CZcams (yes, right here)
rwlawtv.com
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🏷️ Click the Tags to learn more:
#debtcollection #FDCPA #FCRA #debtdispute
![It's GOOD to get sued in 2024-find out why! [Midland, Portfolio, LVNV, Cache LLC]](http://i.ytimg.com/vi/lUF0xqaFexk/mqdefault.jpg)
I am in Washington state. A lawyer once told me that I can safely issue the cease and desist order and not worry about being sued. The reason for this is because I am on Social Security disability and it’s not garnishable income. So, even if I lose the case, I still win!
I hope that lawyer is also familiar with the FDCPA so you can sue if they break the law.
Hey I'm in Florida I'm on social security disability and I have got involved with a debt consolidation company I can't do this I'm dinking like crazy. What do I do
What is your goal?
Just because you’re on SS DOESN’T MEAN they can’t place a lien on any property. Also, depending, if they get a judgement they can EXECUTE and TAKE it out of your bank account.
When receiving a letter from a 3rd party debt collector immediately send them a letter back stating they MUST provide you with your original debt document and that ALL future communications MUST be in writing and that they MUST cease all telephonic communications. FDCPA outlines ALL of this.
I did pay a small legit debt that occurred at the time of becoming disabled. It took a while, But I did it. Now I have excellent credit above 800 for over 7 years in a row.
Congrats!
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📞 On your mobile phone? Click to call: ricardolaw.com/call/
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What should you watch next? Try this one: czcams.com/video/KGBxlwKZ3Ro/video.html
This channel is definitely providing informative and accurate information.
Glad you like it!
Thank you for sharing your knowledge.
You’re welcome.
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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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Good video Mike!
Thanks John! Missed you at the conference this weekend. Hope you had a productive week. Let's chat soon!
Thank you for this video. Very, very helpful.
Glad it was helpful!
Definitely the best in the business as far as I'm concerned. Hope you guys have a happy holiday!!
Earl, thanks a bunch! We hope you have a great Thanksgiving.
I love your videos. The one thing that people should be aware of also and if you can talk about this in one of your videos is zombie debts. I had someone contact me telling me that they were hired by the original creditor to sue me for a so called debt that I owed from 15 years ago, but they wouldn’t give out any information like their location just what state that they were in and wouldn’t send a letter of validation when asked. It turned out that they are scammers and prey on people who don’t know their consumer rights. That deeply needs to be addressed
We talk about time limits in other videos, and scamming is definitely illegal.
The real problem is catching the scammers.
Dealing with all three in the state of Mississippi wanting to clear the debt and improve score
Dealing with debt and looking to improve your credit score in Mississippi can be challenging, but it's definitely achievable. First, ensure that any debts are valid and accurate. You have the right to dispute any inaccuracies on your credit report. Additionally, consider working with a consumer rights attorney in Mississippi who can provide specific guidance on your situation.
In Florida, Just called and left a message for a call back. Will keep you guys posted.
Looking forward to speaking with you!
I just found you today and I’d like to thank you for speaking so clearly. Unfortunately I’ve lost most of my hearing but I heard every word you said just like in the good old days. Good job!
I’m glad you’re enjoying.
I can’t get enough of your content! 😆
Glad you like it!
IMO, it depends on the consumers education about law and debt collecting whether they would/should pay to delete negative accounts on their credit report, or whether they would pay a debt collector who sends them a demand for payment. That said, it pays for consumers to listen and learn from the content you and other attorneys provide in your youtube videos. In my personal experience, in 2004 I paid a large amount of $$ to debt collectors so they would NOT ruin my credit, I did this through lack of knowledge about the law and how debt collectors easily violate the FDCPA. Then one day I decided to buy a book from NOLO all about disputing debt and holding debt collectors accountable. Suffice it to say, I no longer pay debt collectors and I will not hesitate to sue them when they violate my rights and the FDCPA. A simple education goes a long way. I will never stop learning.
> it pays for consumers to listen and learn from the content you and other attorneys provide in your youtube videos.
Thank you!
> I will not hesitate to sue them when they violate my rights and the FDCPA.
If more people decided to do this, fewer debt collectors would break the law.
> A simple education goes a long way. I will never stop learning.
Good for you!
thank you for the info I will be looking for your website god bless you
Link is in the description!
I live in Tennessee. I've always just ignored collections and contact attempts from debt collectors. This was never a problem until I had a card with Bank of America, and I had two local creditors try to collect from me. All 3 went to court against me. One my lawyer was able to get thrown out. One they won a request for garnishment, so I went to my local court and filed a motion to have it setup on a payment plan. Bank of America I ended up settling.
Getting sued can be a good thing (your first lawsuit) or end up badly (garnishment) or somewhere in the middle (payment plan).
@@RWlawFL Thanks for all your helpful information. Do you know anything about this IRS intercept thing, where certain agencies can request a direct intercept of your tax return and take an amount out of your tax refund that is owed for a traffic ticket? This recently happened to me, despite the fact that I sent a letter to the collector objecting on several grounds, including the fact that the statute of limitations had run out on that debt. They didn't have to sue me to get the funds.
We don't know much about IRS intercepts because they seem to relate mostly to government-based claims. Those aren't covered by the FDCPA and so they're really not related to what we do.
I am from India,. Is this applicabe in India?
Everything we talk about on this channel is USA only, based on US law. I doubt any of it would be useful in India.
In MO, I had old credit card debt that got charged off and is reporting through my report from collectors as “active”
A debt collector reporting false information to the credit bureaus is violating the FDCPA, section §6192e (8)
Or they start calling relatives to embarrass you or put pressure on you for a debt that was attached to a car accident that insurance settled 12 years ago.
Yeah, they can’t do that. We’d sue a debt collector for that.
In Texas they can not garnish wages. Per the Texas constitution.
That's great.
What CAN they take from you?
I’m in NC. I canceled my service with DISH. I was told I would be charged with partial month service, I expected that, was told to destroy my receiver. I got the email for thr partial month service, I paid it. Next month, they billed me for full month service. Apparently they removed my card from their records. I called and was told I had to pay it as when I paid the partial month, it re-opened my account. I told them this not what I was told. I got nowhere with them. A month later I received a call from them saying I was going to collections, as I owed over $200! I told I canceled ervice. I was told pay thr $200 and they would close the account. Three ,on this later I get letter from collections company. Disputed the bill. Now, another month later anew collections company has “billed” me.
In Florida, we’ve sued TV providers for stuff like this and their debt collectors, too.
I am being taken to court by Zwicker and associates. I do not want to go to court. I just received the letter yesterday here in Utah
You need a Utah lawyer to take care of this for you.
pleasure watching your video I really learned a lot, yet I have some questions regarding my situation. I've recently received a call from a collector about a 2012 student loan that I had no knowledge of, but then she proceeds to tell me that she has a signed promissory note (my signature) so I told her to send it to me. (she said, "30-45 days before I receive the mail")
I was under the impression that all of my debt was cleared because I applied for the Total and Permanent disability discharge. (I checked my credit report no student debt!)
If you got a discharge, your bankruptcy lawyer should be able to tell you if this violates the bankruptcy discharge, and whether you can sue.
@Ricardo & Wasylik PL this isn't a bankruptcy procedure, it's a discharge program. It can be found on the Federal student loan website.
Understood. I don't deal much with student loans, and there are a number of other lawyers who specialize in that area.
I live here in Florida also about sixteen years ago I didn't pay my CC debt it went in to collections. One company was try to collect a payment from me and I almost paid it. But the company called my parents house told them I was rude to them called them a bunch names. But when I was going to agree to the payments over the phone the guy kept telling to speak louder and I think I was being recorded. So I got an attorney and it hold them off for awhile. After about eleven years after that it did show up on my Credit score but it didn't effect on my score at the time I had a 730 score. And I would get mail from other companies trying to collect and that was about three years ago. My girl friend at the time told me not to pay it.
Smart move, getting a lawyer.
Glad it all worked out.
I live in Ohio, Ive been getting phone calls and I got a letter. I am most certain this is related to my hospital and medical bills, which I have been paying monthly, to the hospital. One bill is from 2019. I had a verbal agreement over the phone to pay "x" amount per month, and I kept up on my end of deal.
Sounds like they might be violating federal law. Save all your phone records and voice mails, and see if you can find a lawyer to review them for you.
always interesting watching these videos. The first thing that I would look at is contract law when considering paying out to a debt collector. A debt collector is a 3rd party not privy to the original contract which was arranged. Due to this, the only means to which a debt collector can legally obtain a reimbursement to the debt which they've just purchased, is to make a contract with you.
There may be many means to which they may try and strong arm you into making this contract, but when you stick with basic contract law, all of these measures are protected under law. Even if they are to take you to court, the simple response to "why aren't you paying this debt" is .. I have no contract with these people, and there is no judge who can argue against that, as otherwise they will be breaking the law.
By stating in court that you have no contract, they have to prove otherwise. Because of the fact that they purchased the debt there is no evidence that there is any contract between yourself and the debt collector.
Unfortunately, this isn’t Correct under Florida law.
Any contract can be sold are assigned. Whether you have a contract with a debt collector or not, if they purchased a debt, they have a legal right to come after you.
Sometimes it’s difficult to prove that they have purchase a debt, and that is why we get so many cases dismissed. But to come in a quart and say “I don’t have a contract with this debt collector “is just going to get you in trouble.
There are a lot of people online who promote this theory because they’re trying to make money off it or because it’s wishful thinking. Unfortunately, people can get hurt if they have the wrong legal ideas.
That’s why it’s so important to get accurate legal information before you try to defend yourself in court.
This chap is correct, the other option which I propose is do not use credit, and sue when invalid actions come against you. win , win.
Glad you liked it! Also, check out our Debt Collection Battle Plan video.
I'm in Tennessee. I just got a debt collection letter from an attorney's office stating that they are attempting to collect a debt from ( A Corporation). In this letter they have fees that I do not recognize. the debt is mine I know but the amount is what does not look right to me and really the fact that I got the letter supprized me because it is from a used car lot that I bought a car from and a month later the engine went out. I called them and asked them if I send them the car would they fix it. They said just bring it in and we will take a look at it... A month later I get a collection letter. If I knew they would send me a letter I would have kept the car. The letter is the new debt letter that you have discribed in one of your previous videos. By the way i am enjoying your content.
Glad you're enjoying!
Car loans where the car is a lemon can be special cases. Lots of lawyers specialize in lemon law and you'll want to find one near you.
I live in NY. Signed up for an online course thinking it was a subscription. Took if for two months and realized it was not for me. I tried to cancel. They insisted that I pay the full year's feel. They are a company based in Germany and have now hired a collection agency.
Read the contract you signed and see what you agreed to. Might need to speak to a lawyer in NY.
I've been sued by Jefferson capital system almost three years ago and I'm still paying.
I lost in court unfortunately, I didn't have an attorney present because I'm poor and attorney's are very expensive!!
Attorneys are cheaper - much cheaper - than losing.
Wish I would of watch this video before I set a date with the agency to pay in full on my collections .
Great info to know
My question is since I set a date with the agency to pay in full on my collections.they said the report to the credit ppl at the end of July and it will come off.
Say it doesn't ,but says or show "paid in full" so then do I dispute it?
Since it's paid off but still on my credit report.
Thank you alot for the info you earned a sub today
> they said the report to the credit ppl at the end of July and it will come off.
Did they make this promise to you in writing or over the phone?
If they fail to keep that promise there are a number of different legal theories you could sue them under:
1. Fraud
2. Breach of contract (oral or written)
3. FDCPA § 1692e (False or misleading representations)
I'm in Georgia. My wife totaled a car we only owned for about a year and a half. The insurance only covered half of the loan and we didn't have gap. I initially made payment arrangements, but then the economy collapsed and rent sky rocketed. They told me to contact them when I'm able to make some sort of payment. Then they immediately sold the debt to a collection agency. I haven't paid anything since and it's now with a second collection company. I rarely hear anything from this collection agency. So I'm kinda ignoring it. I disputed the debt and it stayed in my credit report with a note that it's scheduled to fall off in 2027. My credit score has stayed in the 700s. At this point, I might just wait the time limit.
That's one option.
I had open heart surgery a little over a year ago. My wife and I are in our 70's. I had medicare A, but not B. So Medicare paid $350k, but left me owing $170k. We live on social security and a $150 a month small pension. We own our home free and clear. My friend who actually used to work in the operating room at the hospital said that we could probably ignore it, because that sort of thing is factored into the pricing system at the hospital. We have no debt and really don't care about our credit score (though I care enough to know it is over 800. It's still in the hospital's "internal" collection department. I'm tempted to ignore it. I don't care about phone calls and letters. I have a delete button and a garbage can.
BTW, we now have Medicare B, which now reduces our income by another $500 or so a month. If we had had it at the time we'd owe almost nothing.
If it's internal, you may not be too bothered by it.
Good afternoon. This is just for reflection, but here in the UK we have some established laws that offer protection. The Bills of Exchange Act section 23 almost certainly stipulates that there would need to be a signed contract between us and the collector. We have entered into no contract (this is like the theory you refer to), but the bill, from 1882 seems quite clear.
We also have a Statute Barred Debt situation which means that if they haven’t got you in six years, they have taken too long.
I think that the theory is helpful. Even the academic literature discusses the difficulties of a third party extracting money from you.
When they buy the debt, and with it, personal data, this appears to be a breach of data protection law.
In court they would have to prove that you owed them money. Presumably a photocopy of a document would be insufficient. Black’s Law Dictionary is a reference tool that defines terms like Proof and Verification and these are more demanding than what most collectors would be able to do.
Cheers
Peter
This is why I don’t talk about UK law-I know so little about it!
Thank you for your videos. What is the impact of a debt collection agency that isn't licensed in the state of the debtor (also the state where were the "debt" occurred)?
If they are violating a state licensing law, the consequences will vary depending on the law of that specific state. It probably doesn't affect the validity of the debt they are trying to collect.
I used to own a collection agency, the only state I know of that requires a collection agency to have an office in their state is CT. Otherwise wherever they are located they can collect nationwide, but if their violate the FDPCA, report it to your state's attorney's office.
@@markscott5421 I know know about states other than Florida, but we don't require a local office here.
Hey Mike, From California here, I received a debt collection letter from a Debt collector, Stating I owe 4 grand for Car repair for an Accident I was not involved. They said I did not have insurance, I always had insurance from my car. Now they want to suspend my Driver License. Maybe Im a victim of Identity theft. I already sent a dispute letter from your vids. Wish me luck.
If you have car insurance, you'd better give them notice of the claim right now. It might be a scam, or it might be real-either way, that's why you have insurance.
@@RWlawFL I already did, called my insurance about it and also called the insurance they said was their client. They have no idea how they got my info. Guess i’ll wait and see what happens.
I hope they're able to take care of it for you. That's what insurance is for.
i live in nevada they have to prove this .What do debt collectors need to provide as proof of debt?
This usually means producing proof that the debt was assigned to it. Often such proof will be a bill of sale, an "assignment", or a receipt between the last creditor holding the debt and the entity suing you. i found this out watching all your videos an what to look for in the laws. thank you so much you have taught me so much
We're glad we could help!
The MAIN thing to do if you are sued, is to SHOW UP for court. If you don't., the collection attorney WINS by default!
Agreed!
Oregon, I have a debt collector claiming a credit debt i was told it was establishing in 2010 its now 2024 oregon Has a 6 yr statue of limitations. They have threatened to place a lien on my property I'm homesteading.Im on SSDI, this has not been on my credit report. An as of 2010 I had separated from my husband. I believe he took out the Credit using my social, he died 4months to the day after divorce in 2011 A short time after.he passed my daughter used my social, i discovered 14 phones an 7 apartments over a few years, It has been devastating. An now this threat of a lien on my acre of land. HELP ADVISE APPRECIATED! Im Scared I can't afford to be homeless or this extra expense thank you. They claim 1,500 an reduced to 650 if I paid them.100 as of today or else.
You've got to contact an Oregon lawyer right away. This may just be a scam, but if it's real, an Oregon lawyer can help you sort it out.
I live in Texas. I saw a previous comment about it being illegal for a debt collector to collect a debt when the original creditor never informed you of the debt to begin with. If this is correct, what recourse do I have since the debt collector has already reported this debt to the credit bureau? The debt is mine but I was totally unaware of it until I received the collection letter. I received nothing from the original creditor regarding this debt. I'm trying to buy a house and this has thrown a monkey wrench into the process. I was set to tell them I'm willing to pay up just to get it removed from my credit report. But now I'm not so sure. Any advice is appreciated.
In Texas, lawyers Bill Clanton and Daniel Ciment can tell you what you can do next to protect your rights.
I'm in KS. I am 58yo. My only income is SSDI ($1,700) and a small monthly pension ($300). I have a credit card debt of $25K. This amount is spread out over 5-6 cards. I am judgement proof. Some balances I can handle (under $1K) and some I cannot (over $4K). I have not paid on the larger balances for about 2-3 months now. Should I default on ALL of my cards or just the big balance ones? When should I send a 'judgement proof' letter? When the debt goes to collection agencies? Wait and see if I get sued and THEN send them the judgement proof letter? I don't answer unknown phone numbers. They are calling me, snail-mailing me, emailing me. I haven't read any of the former yet. Thank you. PS: I love your videos!
Glad you like the videos!
We typically don't send so-called "judgment proof" letters.
And we do not generally advise anyone to ever default on purpose.
Have you spoken to any Kansas lawyers about your issue?
So I am experiencing a range of different issues regarding collections. So I just wanted to start with this question. What if you receive a letter from a debt collector requesting for you to pay a debt that has already been paid, but you no longer have any proof of the debt being paid because it was so long ago?
We would very likely sue the debt collector for that. If you’re in Florida, reach out to us. ricardolaw.com/contact/
I am dealing with an incompetent law firm. They garnished my wages for a stupid $800, my HR has been holding it for 6 months, i have informed the law firm how to address my HR to get their money, but instead they filed another Writ with the Court.
That's very strange. Have you told this to the court?
Great video. I have two small collection accounts that I want to get rid of. Those accounts and my lack of credit are torching my scores.
We talked about your options in this video-which one are you going to take?
@@RWlawFL Seriously thinking about pay for delete. I need it done yesterday. It's affecting my ability to get great financing for real estate deals. In addition, adding a secured card with a substantial deposit to mix will help as well.
Don’t just think about it, make the offer. They want money, you want a better credit report. Most debt collectors are willing to make that deal.
@@RWlawFL You are correct - we're getting them on the phone next week to take care of this. On the off chance they won't delete...what do you think of the "...Endorsement of this check settles the debt...delete within 30 days..." note written at bottom of the check?
Also, I really appreciate your engagement on this post.:)
We're glad our engagement helps!
I don't think much of the endorsement tactic, unless there's a genuine agreement to do that. The courts will see through it and consider it an unfair trick.
If they don't take your offer, check out some of our other videos on wiping out debt through finding FDCPA violations, and using the FCRA to remove inaccurate, obsolete, and incomplete information.
Hiring a lawyer is so expensive unless you have a friend or family relative. My times you can negotiate before a bill reaches collections.
Especially a medical bill. You can file for financial hardship by writing a letter to the billing dept on the bill
Try not to let debts go to collections. Try to resolve before that happens. It will save you a lot of money. Many people including me cannot afford a lawyer
I've got great news for you.
The lawyer is free: czcams.com/users/postUgkxACHB4abWDwc4bBhIeYUE7QKWaZ98AXSO
Had one that kept calling me from a previous number owner. Wouldn't stop until I started calling them back and playing the breakdown part of "Never gonna get it" by En vouge. They don't call me anymore. 🤣🤣🤣
If debt collectors call you for someone else's debt, there's an even funnier way to handle it: sue them and make THEM pay YOU.
I'm getting the letters notifications over years and years passed credit I live in Arkansas
If they are tyring to collect a debt that's beyond the time limit, that's probably a violation.
Here in Pa, I am trying to clean my credit. I am looking towards purchasing a house but have several negative marks on my credit. Looking at my best options. if pay to delete is my best option. If I get them to agree in writing and they refuse to take it off is there action I can take against them? I have heard conflicting opinions. One being they have no obligation to delete so they may lie and not delete it. It’s hard to know who to listen to. If they say no to Pfd, should I just leave it on or is it better to settle the debt?
If they give you a written agreement to delete, and they failed to delete, you have lots of options. Number one, that’s a briach of contract and you can see them for that. Number two, they’re misreporting information to the credit bureaus, which you can sue for as well, and number three, the credit bureaus must remove it and if they fail to investigate after your dispute, you can sue them as well.
Court action - but I don’t have the money. How can I avoid garnishment and what steps should I take?
If you’re getting garnished you’ve already lost the case, unfortunately.
In Florida, (and in most states) you’ll be able to claim certain exemptions if you’re eligible. These are all contained on the form Florida requires to be given to you.
If you don’t qualify for any exemptions, what little money you do have maybe taken from you.
They can also cancel the debt and send you a 1099-C. You can file form 982 from the IRS if you're insalvant.
That may be an option for them, yes.
I live in Cali. I have been paying the hospital my hospital bill, they said that i had to pay off less than 9 months. I paid every month, on time and still sent it to collection still had 2 months left bc i didn't call them every month. No one told me that I had to call every month? and the collection company would not take off the interest even though i paid it, I wish i knew before i paid the hospital. I had like $278 left over. if i'm gonna get a ding on my credit, i might as well have just not paid at all!!!shoot!!!
In California, give these guys a call:
Mike Cardoza: www.cardozalawcorp.com/
Jay Rahimi: www.jrahimilaw.com/
Letters in NY!! Scared as hell they will take me to court! I can't pay it and I didn't do it!!
If it's not yours, that's a good defense, and possibly even a good basis to sue them for unlawful debt collection.
This was good video
Thank you!
I thank them for paying and settling my debt I do not have a contract with them I had a contract with original creditor they paid the loan when they purchased the debt I thank them for paying the debt
Do you really believe that’s what happened?
Because a lot of people who are getting sued right now, probably thought that way too, once upon a time.
I'm 15k in dept collection its one for 12k and some Change and the other us 2k and some change. I live in Chicago. I'm unsure about where it came from. But when I noticed it I disputed it right away. I'm waiting to hear back from the company I hired. Also it was two address on my credit report, well 3. 2 old ones and all three bearous don't share the same info as I was told.
Good luck on your dispute!
Hi. I wonder what happens if they take you to court and they win and let’s say they sat payments and you still do not pay the payments? And if you have no income, or property, what happens than?
In Florida, if someone wins a lawsuit, they get a judgment against you. Then they get to investigate all your finances-copies of all your bank statements, tax returns, and so on-until they find something they can take from you.
They don't always find something, but having to let them look is usually pretty unpleasant.
san diego california getting emails only use to get letters i think i answered the phone and said cease and desist from all contact and they started emailing and updating a 2016 medical bill for a procedure i didnt get because they almost killed me during the procedure beforehand
Watch our Debt Collection Battle Plan video to see what you should do next.
I live in Texas have a debt collector/law firm who first sent me a letter on April 14th with a form on either disputing the debt or paying the debt. The debt collector then called me on April 17, they tried to take payment on the first call and I just denied the debt. The debt in question was a 20k loan from last year that I never made a payment on which has been closed/written off. They sent me some supporting documents for a "debt validation" on the 19th and now im not sure how I want to tackle this. So far I've received a few phone calls from them since the first one.
What I want to do is get this off my credit, but this item that's affecting my credit is coming from the original creditor not the debt collector itself so I doubt that paying them would even do anything for my credit.
In Texas, call Bill Clanton or Daniel Ciment. Those lawyers can help you figure out what to do.
You are right, paying off the debt after it's become a CO, will have less of a negative effect on your FICO than not paying it at all (you could get sued), but it will still be a black mark on your credit report until the statute of limitation. BTW, setting up a "payment plan" will re-start the clock for the statute of limitation.
@ozthewiz True!
First, I thought you were just an insurance guy telling people to pay debt collectors as there are a few of those videos floating around and I was about to say you were full of it. I'm just a law clerk not a lawyer but I and allot of paralegals in our office do deal with tons of these cases, but no your exactly right, you've covered every topic quite well.
Thanks! Just hoping to help some people avoid the big mistakes I see all too often.
@@RWlawFL Couldn't agree more. We all appreciate honest & helpful people like you!!
Glad we could help!
So far I am only dealing with letters and phones calls for a medical debt from 2022 and I'd like to a. settle for as less as possible and b. prevent it from getting on my credit report. I am in Iowa.
Watch our Debt Collection Battle Plan video.
I had a debt that happened some years ago back in 2015 and the debt collection company continues to renew it even though I have not reached out to them haven’t talked to them haven’t done anything but it’s still showing active on my credit report
That sounds like a violation.
20k business card personally guaranteed, and received debt collectors letter
04:15 fight (dispute) or forget (do nothing)
Must add that this card was obtained by a third-party company that specializes in high credit balances, not connected to my LLC, and can't find it on any of my CRs, including business report - Georgia
It sounds like you're in a tricky situation. If the business card was personally guaranteed, you could still be held responsible for the debt, even if it's not showing up on your credit reports. Ignoring the debt collector's letter might lead to further legal action, so it's usually better to address the issue head-on. You should speak with a business attorney in Georgia abut your options and the best course of action.
The hospital keeps suing me and garnishing me in montana gave me saline and sent me home now im getting garnished twice each check last time they took every cent i had
When you get sued check with a lawyer. Otherwise you’re in for more garnishment.
I’m dealing with a court action in New York.
For debt collection cases in NY, we definitely recommend Jay Fleischman: www.moneywiselaw.com/aboutfirm/ Please tell him we sent you.
I’m in Georgia and have been sued for credit card debt. I negotiated with them to settle and paid that amount in Nov 29 2023. The court had set a date of Jan 22, 2024 for me to appear. They have not dismissed the case. I sent the letter from them that my balance is $0 to the court mediation person requesting the court date be canceled. The court notified me I cannot cancel the case. The collection agent says they began dismissal on Jan 4,2024 but it has not yet been filed with the court. What can I do? They have sent a letter about another card , no suit just a letter less than 30 days old. I am filing the cease and desist form but need to address the first issue now. I am SO grateful for your video and help.
Talk to Georgia lawyer Steve Koval.
@@RWlawFL
Thanks for the response. However I got a copy of the dismissal letter yesterday in the mail(Saturday). It is addressed to the clerk and appears to be a copy of what was sent to the court. I am supposed to be in court tomorrow at 9am? Do I still have to go??
I can't tell you how Georgia handles this, but in Florida, once a case is dismissed, court hearings would stop. Check with the clerk if you can.
I had a medical billing company send a bill to collections that I was currently paying. I even made payments after it was sent to collections, because it took me two months to find out. I told the collection agency what happened, but they just demanded the money. The original billing company had me send over proof of payment via email and now won't respond. When I call them, they just tell me to re-email it. I'm in North Carolina. I stopped paying on it because I don't even know where the payments are going.
This sounds like unfair and misleading debt collection, which is a violation of law.
If you’re in Florida, call us right away.
I live in Arizona and am currently in a situation where I am being contacted constantly over the phone and twice by mail. The phone calls go directly to voice mail (my phone identiies them as high risk spam) but the voice-mails I receive are never complete and simply say to "please call us Monday through Friday" and that it's a recording. I am currently in a long term care health facility which takes the major of my SSDI check and leaves about $110.00 a month. I tried to set up a payment plan with my bank as soon as I realized this would become a problem but they refused and suggested I work it out with debt collections. I received a letter from the debt collector yesterday saying that they have lowered the amount of the debt but I would need to send them a check within two weeks. I don't even make enough to hire an attorney. Any suggestions? Thank you.
In Arizona, you should talk to John Skiba
Good infor
I want to ask something Sir, I have updated prescribed account on my credit report, it won’t punish me in future?
I'm not sure what you mean.
Aside from having your credit score affected is working with Debt Settlement companies like National Debt Relief a good way to go if you have several accounts you’re struggling with debt.
We don't recommend Debt Settlement companies. They're illegal in many states and often don't deliver the results they promise in exchange for way more money than you should expect to pay.
Work with the Creditors DIRECTLY on a re-payment plan!
This can work as long as the original creditors haven't sold the debt to debt collectors.
What can I do?
I went to UIC for one semester and for some reason my FAFSA didn’t go through so I had to pay full price for that one semester I attended. I never did pay that amount so the school sent my debt to a debt collection company. I didn’t know any better but to comply and start paying off the debt to the company, I’m currently 2 months in to paying it off out of 12 months. Can I still dispute the debt or not pay it at all? What can I do?
It sounds like your dispute isn’t about the debt, it’s about the failure of your financial aid to come through.
if you excepted the services, knowing you didn’t have financial aid, you’re probably on the hook for it.
But if this was in Illinois, that’s going to be a matter for Illinois law, so I don’t have any idea what your actual recourse would be.
A lot of this depends on the state you live in, it’s all different from state to state, in some states they can garnish your wages like in Texas they can’t touch your paycheck
Every state law is different.
I live in Florida. I am being suited. I was not home and they gave the letter to my dad. Letter stated that I have 20 days to respond.
Call us right away… 352-568-3173 to schedule an appointment.
The dreaded Hernando County.@@RWlawFL
Hernando County can be pretty good for consumers.
We recommend US mail, certified, return receipt requested.
Email is too easy for them to ignore.
It’ll stay in your credit score for 7 years and applying for anything will show it. If you don’t care getting denied anything then just wait for 7 years. I did on a medical bill which we didn’t get good service at all so we didn’t pay. It fell off after 7 years.
That’s true. We have quicker and better options
I live in Florida. I have credit card, personal loan, and later payment on mortgage debt. Three of my credit cards have been charged off, two are under credit protection, which ends in two months. Want to get these off my credit report to clear up my credit history.
Hoping to start a business soon and need to clear up my and my wife's personal credit.
You have a few options. You can negotiate for delete, which sometimes works. You can wait until they roll off, which takes time but is guaranteed to work. Or you can follow the steps in our Debt Collection Battle Plan video.
@@RWlawFL Thank you for the information on the video you mentioned. It looks as if I have my work cut out for me. However, I can do it and wipe out this dept. Greatly appreciated!
Good luck!
Thanks for you great Video; it's full of useful information. My friend receives Social Security Disability Insurance(SSDI) monthly benefits. The State Of Vermont involuntarily committed my friend to a psychiatric facility in Vermont for which he was charged Rent. My friend refused to pay the Rent and each month the State Of Vermont sent him Letters saying that the Rent amount was due and it began to accrue. The Letters also said to contact the State Agency if a payment Arrangement is needed. A few of the Letters were sent certified and threatened further action if the Rent Money was not paid. My question is this: isn't Social Security Disability Insurance Money exempt from garnishment and bank levy if my friend is Sued and the State Of Vermont wins? Because Social Security Disability Insurance Money is my friend's only source of income, would a Judge rule in my friend's favor if my friend is Sued by the State Of Vermont? What Statutes and Case Law protect Social Security Disability Insurance Money from Lawsuits, etc.? Please respond, Thank You Sir.
When you're dealing with the State, different rules apply. Check your local laws in Vermont about how to handle that. (As a Florida lawyer, I'd have no clue)
Like that in Britain
Don’t know much about UK law.
I was willing to try to pay mines if they would’ve been willing to settle for less. I understand they don’t have to but still.
I just hit the 2 year mark so at this point I don’t care because I’ve still been able to raise my credit score.
Debt, collectors office shoot themselves in the foot this way.
Good luck with your financial future!
I have college debt without student loan from a college in Oklahoma and a debt collection agency in Kansas has it now. I live in South Dakota and I don’t want to pay it
Check out our Debt Collection Battle Plan video.
FDCPA Chase collection in AZ and have 20 days to reply or they'll be a court litigation. What's next? Pls help.
In Arizona, call John Skiba - www.jacksonwhitelaw.com/team/john-skiba/
I live in Florida. I am trying to have Portfolio removed from CR, but they will not accept a settlement. SOL has passed.
Is the reporting accurate and complete?
I have an emergency room medical bill that has fallen of my credit report and is more then seven years old and has recently been placed back on my credit report by two separate creditors for the same debt. I have been working on my credit and this has send me way back from when I started, how should I proceed?
If it's more than seven years old, the debt collector has probably already broken the law.
If you're in Florida, give us a call today and we can work out a strategy.
If not, let me know what state you're in.
My question was in regard to credit card debt.
Understood. That doesn’t change the answer I gave.
Im getting sued for credit card debt by US Bank and discover etc. i filed answers denying everything now case is being transferred to arbitration. What should I expect next and do can you recommend an attorney in southern Oregon?
I don't have anyone in Southern Oregon at the moment. But look for a lawyer near you who handles "debt defense" or "FDCPA" cases.
Hi I have a ccj from 2017 do you have any advice for me or any help I live in the UK
I can’t even begin to guess how all that works in the UK.
I live in NC and a collection was just placed on my credit report about 3 weeks ago. I want to do a pay for deletion. Is this the way to go?
It's not the first thing I'd try because there's a low chance they'll accept the offer. Check out our recent Debt Collection Battle Plan video for more ideas.
I am in ny state. I am a marine veteran was not getting care from the VA. I am a nurse had terrible insurance. At work I had an acute gallbladder attack. Surgery. After the insurance paid I have a $58,000 bill. I am 57 years old with a mortgage car payment and 20k in credit card debt. I have $11.00 in my savings account and live pay check to pay check I need help. I thought about filing bankruptcy don't know if it's a good idea
You might be a candidate. You should probably speak with a NY bankruptcy attorney to find out.
Hello
I was paying a medical bill monthly and my bill was still sent to a collections. The amount is inaccurate but I want to make sure it doesn’t damage my credit which is excellent. I’m in Texas and want to know how do I go about this the best way? Do I negotiate and ask for in writing?
In Texas, call Bill Clanton or Daniel Ciment. Those lawyers can help you figure out what to do.
Does a debt collector (attorney for an original creditor) need to notify me of my rights (notice of debt) as stated in 15 U.S. Code § 1692g within 5 days? I was served with only a Summons and Complaints and so I filed an answer to the complaints over a week ago and they have not contacted me at all nor have they filed any additional documents with the court. Is the responsibility on me at the beginning stages of the lawsuit to reach out to them? (Nevada).
No. See §1692g (d).
Can you explain profit and loss on credit report
I’m not sure what you mean. Credit reports don’t show profit and loss.
Getting sued in PA from Midland. Any recommendations?
On another thread, lawyer Gregory Lane said he handles cases like this. We haven't met yet except in the comments, but probably worth asking him. Looks like he's in Harrisburg.
Also consider Michael P Forbes in Wayne, PA, if that's near you. He's a member of NACA, the leading national group for consumer lawyers.
I applied for ASU masters degree, then before the lessons started I transferred to another university. After a year I received letters from ASU that I owe them $1330 for health insurance that I didn’t even receive insurance card. I called and wrote emails stating that I didn’t even start school nor enrolled classes, answers took couple of months. Then I started receiving mails and calls from
debt collectors. I explained them the situation they said they would send proof of my debts, then disappeared.
What should I do? I don’t want to pay for the mistake of university for not canceling it when I withdrew.
Talk to Arizona lawyer John Skiba - he may be able to help.
I have a surcharge from my local ER because they used a "Out Of Network" Doctor. So after I paid my agreed $300 they now want an additional $1400! I have fought this for one year with no success due to poor service from the original ER Doctor service company. Now they sent it to collections... 😞 In Caldwell Idaho
Depending on when this all happened, some state and federal laws would make that practice illegal, specifically sending surprise bills for out of network coverage.
You’ll want to research so-called “balance billing“ laws in your state to find out more.
@@RWlawFL Yes thank you. It does feel illegal. I have never been in collections. If they would have told me that my ER visit was gonna be $1,800 with insurance because they don't have enough doctors on their payroll I would have went to a different hospital.
Can or do people fight this kind of thing (fraud) in small claims court?
As far as Idaho goes, I have no idea. I wish I could give you better information.
@@RWlawFL I appreciate the info so far thank you for making these videos.
Just don't pay them. Tell them to eat it!
Make sure you watched the video all the way through.
In Texas or Oklahoma, can your Social Security be garnished if that is your only income or checking account be frozen where you can't pay rent? Thank you
Every state is going to have different garnishment laws. Generally speaking, SS benefits can't be garnished, but you've got to be able to prove your money came from SS benefits to prevent it from happening.
Yesterday, a collection agency called me over 86$, and they said I owed it from 2 years ago from a toll road. There's nothing on my credit in collections. I'm in Texas. Should i just ignore them?
You'll need to speak to someone about Texas law. Also, none of the consumer law remedies we talk about here are likely to apply to toll roads or traffic infractions.
I’m dealing with medical debt collection in Indiana I was sent to collections after paying monthly payments.
Medical collections require a slightly different approach, and will vary from state to state. Have you been able to find anyone in Indiana who can help you with that?
@@RWlawFL no the hospital is in Illinois they sent it to Attorney’s in IL although I live in Indiana
It’s not clear to me which state law would apply.
Hi Mike, from Virginia right here. How do I afford a lawyer if I don’t have thousands lying in the bank? I’m a young adult still going through college.
If the debt collector has violated the FDCPA, your lawyer should be free to you.
We have a free debt-collection violation resource here: ricardolaw.com/fdcpa-course-sign-up/
In Florida, even if you are sued, how can a debt collector force you to pay in you are "head of household" and have nominally disposable income. Are you exempt from wage garnishment? Furthermore, if your home and car are jointly owned with a spouse and the debt is in your name alone, they can not even put a lien on your property. Correct?
A judgment lasts twenty years and can be renewed. That means that they'll just wait until you're no longer head of household, no longer hold your vehicles jointly, and no longer qualify for other exemptions. And every time you get a new job, they'll try to garnish your new wages-exposing your situation to your new boss-and make you prove once again that you qualify for an exemption.
In addition, they can periodically-usually about once a year-make you fill out a detailed questionnaire about your finances, and if you fail to respond or fail to give complete and truthful disclosures, they'll ask the judge to hold you in contempt of court.
Also, for the twenty-plus years that judgment is sitting there, you can't get a home loan. You might not be able to get a car loan-at least not one you'd want. It will show up every time you apply for anything financial or sensitive.
For some people, none of this matters. For most of the people I talk to, it's better to stop the problem as soon as you can.
Check out our Debt Collection Battle Plan video for more information.
Having been receiving calls from a creditor since 3/6/23. They have never sent me a letter (I've been on the lookout bc I watched another video that said they were required to). Are the in violation of the Fair Credit law?
Not the Fair Credit law, no, but probably the Fair Debt Collection Practices Act.
I have 2 collections from LVNV funding that were literally resold to another collection agency called resurgent capital services. Is that allowed , does the collection clock of seven years restart and what are the laws?
LVNV and Resurgent are affiliated companies that share ownership so they're just moving htings around internally.
The seven year clock is a limit on reporting, not collecting. Any limit on collecting would be a state-based statute of limitations.
If you're in Florida, give us a call right away.
I live in FL. I have a hospital bill that was sent to collections by MediCredit. It was a bill that we never paid. I have a "verification latter" from them with a itemized bill from the hospital. Not sure what we can do next. Validation letter or what?
Call our office at 352-567-3173 for an appointment with me.
Im in Las Vegas and im trying to get a collection removed from my credit report. I tried disputing it on line and failed. I have no knowledge of this debt and have had zero correspondence from the company. Its for a student loan. Is there any other way to get it removed?
Student loans are special and require special expertise. Talk to a lawyer who specializes in then. (There are only a few who do)