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absolutely the best advice out of searching for how I was going to deal with a debt collector trying to hold me responsible for my deceased mothers debt. Thank you so much.
I have a rental company that added $1000’s of dollars in repairs after I moved out that were improvements the company needed to make to the property and not any sort of damage that came from my living there. Basically they invested in raising the value of their property and charged me for the improvements. I caused zero damage to the property but they kept my deposit and charged me for improvements they wanted to make to their property!
Landlord/tenant law is very state specific and you probably need to speak with a landlord/tenant lawyer in your state about whether the landlord has broken the law, and whether you have the right to recover your security deposit or any other damages.
I'm so excited to have this information. I can't wait to do this & finally have better credit & be able to tell them stop leave me alone. You really know this stuff but lol I'm trying to keep up with you & take notes. But I end up backing up & playing again & again because you're a very quick talker. At least you're very articulate & that help a lot.
Sorry about the fast talking. We like to get as much information out as quickly as possible, and keeping the pace of the videos snappy helps people not get bored. You can always watch at a slower speed on the playback. But we’re really glad the videos help.
Your videos are helping us so much, thank you. We have a PRA collection over a disputed dental bill (our dentist didn't submit the bill to the 2nd insurance, then put it into collection without resubmitting the bill, and we have our ins. company stating that they never received the bill at all!), so we were disputing our bill w/ the dentist, who then sent it to quick collections, and I ignored it (i had a daughter in the hospital, i wasn't being rude, just distracted w/ serious business of life), and at some point PRA bought the debt and I'm not disputing the debt at Transunion, and waiting for them to tell us they're going to sue us, so we can try to settle w/ the lawyers. Thank you so much for all these tips, i'm watching every vid and trying to fig out how and when is that sweet spot to wait for the settlement request. I work for lawyers and am having them help me put my settlement req together :) tho we are only in the honeymoon stage (phone calls from PRA so far). Thanks again!!
Everyone- This man here is so helpful with giving direction on these delicate matters. I want to give him some kuddos and high praise for all of his help and assistance. Just ask a question and he will deliver. Thanks so much sir and God Bless!
Impoverished senior citizen, creditor sued while yet in a payment program. Case dismissed with prejudice. Debt charged off... and they're STILL attempting to collect. Honestly, I would have been happy to pay, but I am in poor health, living in my vehicle, struggling to survive, like so many people now...
This is great information that only lawyers can give but the only thing he has not told you is that if that debt is more then 7 years old it has to come off your credit once you inform the credit bureau about the debt being over the 7 year mark
I took notes and used suggestions you gave that fit our circumstance. We have not been able to get them to quit calling. But after emailing specifically with your words, just one week later, I receiveved an email from the collection agency stating this: Thank you for providing this information. We have updated the details on this account and have marked the account as dispute. Based on your email, we will cease calls to all phone numbers that we have for you regarding this matter. Thank you!
Hi, Michael! Thanks for this video! I sent a debt validation letter to a debt collector for LVNV. They responded within about a week. They sent 4 different letters within a day of each other. The first 3 had account statements from the original creditor and a statement saying, "this provides verification of debt." I'm still in the process of reviewing everything they sent me and haven't had the chance to answer their letters, but in the meantime, they have been sending me collection emails almost everyday. I was getting ready to write a letter to respond to their "verification" letter but then I got another letter saying we have reviewed the financial transaction history of the account and were unable to validate your claim." I'm not sure what that means though it sounds like they will no longer entertain any further dispute from me. I thought you have up to 30 days to respond but it's been like 2 weeks and it sounds like they're already closing any further communications about it. Am I correct?
You only need to dispute once under the FDCPA. Once you dispute that first time, it’s disputed. And you get what you get. But hopefully, you’ve got enough information at this stage to tell whether the debt is yours, and whether the balance is correct. If they continue collections, they do sonar their own risk. Every misleading or false statement they make exposes them to liability under the FDCPA from here on out. One of the biggest misunderstandings people have is that the dispute process is somehow supposed to resolve disputes. It’s not. It’s supposed to give you some bare-bones information to set you on the right path if you need to fight back. And the dispute process isn’t it, at least not after round one. After that, you’ve got to go to court if you want to get anything done. And that means you need the guidance of someone who’s been there before.
@@RWlawFL Thanks for your answer. Resurgent sent me emails and texts almost daily after I sent them my dispute letter. They offered several settlement options and said if I create a profile in their payment portal, I will have other payment options. Is this a good idea to create a profile in their portal and negotiate that way? Or should I send them a letter with certified return receipt offering to settle in writing?
> I create a profile in their payment portal Oh, hell naw. I would never allow a debt collector to send me text messages or emails. I'd make them send it in writing, by US mail. And I'd sue them every time they broke the law.
What happens if I purchased a car got sick during the pandemic while in a bankruptcy that wasn't ruled in my favor with a debt that is now pass the statute of limitations in Indiana, a debt of $18,000 and the dealer has sold the vehicle for $9,000 but their still reporting to the credit agencies as $18,000; what can I do?
Hello? In Florida my wife received a letter back on 2020. We filed a motion to see the judge So they just don't go and garnish her wages. This dept was back in 1997. So she went in front of the judge, and they came to an agreement to garnish $50 from her paycheck every two weeks. So we thought she was in the clear. They garnished that money for Approximately 12 months or so. She had found a new job that paid a little bit better. And then approximately ten months working at her new job & They started garnishing 25% of her paycheck So for example, when she got paid approximately $1800. Then after taxes, health insurance, and so forth. And then they started taking Out over $230.00 from her paycheck every other week. So her check went from $1800 And after all the deduction $900.00 who can live on that? It was illegal and what should we do
I live in Oregon. I am a ovarian cancer survivor and BRCA1+ so high risk for breast cancer too. Because of this Medicare allows me to have a breast MRI annually in addition to a yearly mammogram. In 2018, Medicare denied the MRI claim and it was sent to collections. The provider said they appealed the denial but Medicare still wont pay them. It likely was billed incorrectly because prior and subsequent years were paid by Medicare and my Medicare supplement. It is important that they bill with both my diagnoses so Medicare would pay for a breast MRI. They should know if medicare might not pay for it and they did not provide me with an ABN. Not only that, I told the provider to make sure both my dx’s are on the Rx or they wont get paid. They did not do it so it got denied that year. They sold the debt to a collection agency without telling me and now I am being sued in small claims court for over $3,600. I answered that I want a hearing. I want to dispute the bill but its a collection agency suing me and they are not the ones responsible for incorrect billing. What should I do now?
I would run, or walk, to a lawyer in your area that handles Medicare debt collections. If they are suing you for something you don’t truly owe, you can sue them back and put money in your pocket while making them go away forever.
I love your videos! I know you said in some situations we can sue the creditors or credit reporting agencies. How do we find these lawyers that take up these cases. What kind of lawyers are these or what are their titles? I would like to google these lawyers just to be prepared. Thank you!
I'm one of them. Most of the lawyers you're looking for will either call themselves consumer lawyers, "FDCPA" lawyers, "Debt defense" lawyers, or "FCRA" lawyers. What state are you in?
Medical providers are supposed to keep your medical information confidential, but there's no way to sue them if they break the law. HIPAA does NOT prevent debt collectors from verifying medical debt, no matter what you've heard around the internet, and if a medical provider leaks private information, you can report them to various government regulators, but you just can't sue because HIPAA does not provide a "private right of action" meaning a right for an individual to sue for violations.
That's great. Here in our country debt collector doesn't show any debt statement from the bank. Only total amount, even if so much error from the system they will forced you unreasonably to pay without proof of debt.
With medical debt, the secret weapon is to compare your medical treatment records to your bill. If you find something you got billed for, but never received, that can be a powerful tool.
Thank you for the information. What if their response to the debt validation was just the signed contract ? They didn't provide any account statements to show payments made or how balance was calculated. Also, do you provide virtual consultations?
When we file them on behalf of clients, we usually pick the courthouse nearest the client. We don't usually recommend filing them on your own-especially since the lawyer is free if you have a real case.
I have a debt collection letter for something I have no clue of nor does it reflect on my credit reports, which I have locked always. Read the letter saying where the debt occurred from and they don't have any information regarding anything with the account number or the loan name or phone, then asked for their fraud department and I was told they don't have one???
Great video!! I have a question. I disputed and some items were removed, but others came back validated so I went to the CFPB and filed a complaint. More items were removed and some still came back validated. I still see reporting inconsistencies, where amounts and dates are reported wrong on the 3 bureau reports. Should I go back to the CFPB? Because there us no way they did a validation of items are reporting incorrectly.
It sounds like you're talking about credit reporting, when this video is about debt collection. But if you've disputed an item on your credit report, and it's still incorrect, going to the CFBP usually won't get you relief. The only leverage you have is to sue for violations of the Fair Credit Reporting Act. The CFPB doesn't work on individual cases.
What does one do if the debt is correctly validated, and one actually owes the debt? Is it best to make an offer to settle with the collection company? And if so, what normally, would a company settle for? Maybe 20% of the debt? thank you.
Hey I'm located in Indiana opened my door today and saw a letter taped to my door saying I'm being sued by Midland credit management (debt collector) I have 20 days to respond here in Indiana. Needing help what could I do or what could I send out to them to get this settled?
What happens if I sold a car and said car was released on the dmv website and the sold car got impounded because the guy you sold it to got pulled over and never registered it in his name and the dmv has no record of the release of liability and the original impound lot sold it to a debt collector? How do I go about that?
This probably varies from state to state, so I have no idea how to handle this in your state. Whenever you buy or sell a car, it's hugely important that you handle ALL the paperwork properly or you may be setting yourself up for a bad situation like this. I hope you at least got paid for the car before you sold it. If not, I would guess you're out of luck.
Great material. I had a bad accident a couple months ago and went to the Hospital. I've been working with the different departments and have a payment plan but the ambulance people sent me to collections 15 days ago. Is that legal in that short amount of time.? What should I do? Thanks
I'm not aware of any law that would stop them from trying to collect immediately once the debt is past due. How are the debt collectors interacting with you?
Thanks for the great video, I have a car on my credit report that was taken but was settled for a amount and paid but is still on my credit report, is there anything that can be done?
Is the outstanding debt amount: 1. Inaccurate, or 2. More than seven years old? If so, you can dispute with the credit bureau that gave you the report.
Can you please help me with this case? An online course offered the course for the amnount of 10k, for example (I cannot provide real details from her issue). The online course owner/instructor uses another company to manage their accounts and bills. This 3rd party company does not provide any loans to take the course, they simply manage the online course monthly payment. The student had to withdraw the course, and the 3rd party company is trying to collect the 10k from the student. That 3rd party did not give the student a loan to pay the course, neither payed the online course owner, the student simply had to withdraw the course. That same 3rd party company "assigned", maybe sold, the account to another company that collect debts, a debt collector. Now the student have a degotatory mark for a debt of "10k" that never existed. If the student did not took a loan, neither that 3rd party company did not payed in advance those 10k, then why is the student being charged for 10k if those 10k never existed?
This needs to be resolved with whoever offered the course. If the student took the course, I don't see any reason at this point not to pay the agreed amount.
I submitted a debt validation letter and the collection agency responded with a blank statement account that only has the past due balance, not the actual charges. No way to tell how the amount is calculated.
That's not uncommon. The bar for their response is very low. But if it used to be your account, you might have some account records of your own showing a contrary balance. And if you do, that's all you need to spot a possible FDCPA violation.
I received a letter from a debt collector in response to my dispute. The charges were for an apartment my daughter lived in. The charges were for cleaning and paint, which our our $200 deposit should have covered. They are asking for an additional $220 to cover cleaning and painting. My question is, since we cleaned the apartment and provided a receipt, can I dispute this amount? I understand most apartments have to be cleaned and repainted to some extent but if the deposit isn’t enough to cover that expense, am I responsible for that extra amount? I’m not sure how to respond or if I should.
Battling with landlords can be tough. Arguing with the debt collector is usually the worst way to challenge dirty landlord tricks. In most states, I highly recommend checking with a tenant-side landlord/tenant lawyer who can help you figure out if your landlord has broken the law in a way that gives you the leverage you need to wipe out this charge forever. Still, disputing the debt with the debt collector might give you leverage there, too. Talk to a lawyer and maybe try both approaches.
What can someone do if they were misled into joining a "credit consolidation" offer, realized after the fact that what they do is stop paying your debts, make your credit score go down, you cancel it and now you're waayyy too behind to catch up (long story). You don't refuse to pay but ask the collection agency for guidance on resolving and they reply with "get back with us when you can make payment"?
In some states, those companies are expressly illegal, and in others, it's illegal for them to deceive people in order to sell their services. If you're in Florida, we may be able to point you in the right direction. ricardolaw.com/contact/
I have answered the validation ltr. Now I have a discovery ltr which I will dispute. Attached to it is 6 interrogatory questions I plan on respectfully dispute and decline to answer as it will give a false legal foundation on a fraudulent claim account.
excellent info, very professional, i seea lot of charges on my credit card that i didnt do it. that why i failed to make payment and then eventually they put me late payment already, i need your help.
Nice video. What do you do when the Collection Agency has not responded to your dispute letter? Do they have a specific timeframe to respond to your dispute letter? If so, how long do they have? Should you send a follow-up dispute letter? What should the follow-up letter state? Thanks!
Once you send a letter… (and for anyone else reading, you can get letters like this HERE: rwlaw.gumroad.com/l/letters ) …the other side has two choices: 1. Stop collecting. 2. Give you a response. If they try to collect from you without giving you the validation information required by law, you can sue them and possibly wipe out the debt for good. If you're in Florida, you can reach us here: ricardolaw.com/contact/
What if you send them a billing error because they have failed to credit the beneficiary [obliger] with the dividend of interest on the remittance transfer? Is the only thing that gets validated is who the debt belongs to? Isn't it true that the signature on the initial application from the obliger is what generated the "money"?
The bar for validation is very low, as I discussed. Most debt doesn't involve signatures anymore, anyway. The beneficiary theory you're talking about sounds like something that doesn't really exist in the real world. A lot of people talk about that theory but none of them have any proof that it works in the real world.
I received a letter from a debt collector. Sent them a request for validation. They sent account statements and a letter that they claimed to have mailed. However, I looked at my credit report and that account is NOT on my credit report. I’m so confused!
If you dispute the incorrect names and addresses on your credit report and you show proof and the reporting agencies doesn’t remove them. Could you sue under the FCRA?
Hi . They sent me a collection notice with my first name but using my mothers maiden name not the last name I use for everything do I have to pay them?
Two things: 1. I hope you enjoyed FCB's victory over Real Madrid this weekend. Força Barça! 2. A collection notice with the wrong name is a red flag that the debt collector has incorrect records and information. If all they're doing is sending you letters int he wrong name, it's unlikely they'll be able to make you pay. If they try to sue you under the wrong name, you'd be able to sue them back. Even with things as they are, I'd like to see the letter they sent you to determine if they're already breaking the law. Can you reach out to us? ricardolaw.com/contact/
Your videos have been so helpful, thank you for doing them!! I sent a letter disputing the debt in question, the collator sent me paper statements and after review I saw there are charges that aren’t mine. How do suggest I word my letter back to them? I have it partly written with the line “you are asking for money I don’t owe” but how do I finish the letter? Do I ask for them to make an offer? Any help is greatly appreciated.
If your goal is to settle for less than the full amount, you can make that offer in writing, and optionally explain why. Check out our video about negotiating with debt collectors.
Sounds like something you could dispute as incomplete. Once they fill it in, compare it to your records. Watch our Debt Collection Battle Plan video to see what you should do next.
if it is a university how would a person know the exact amount they owe, Does a person have the right to request no contact without showing discrepency
A debt collector contacted me about an electric bill that is past due on a rental property I sold at the end of July 2022. I informed them over the phone and a dispute letter that the electric bill charges they're attempting to collect from September-October 2022 is not my debt and it's the debt of the new owner of the house (he didn't notify the electric company until Oct 6th) that he owns the house now. The debt collector responded and say that their client says that I still owe the debt. Where should I go from here?
If it's a bill coming from a rental property you owned, then it's not a "consumer" debt and nothing I say in this channel is going to apply to you. If you're running a business, you need to have a lawyer you trust to help you with tings like this.
I sent a debt collector a debt validation letter and noticed that they are reporting a different amount on my credit report and under the comment section they are starting completed investigation of FCRA dispute-consumer disagrees. I thought the comment section is suppose to say that the account is disputed by consumer. I thought FCRA investigations are handled by the credit bureaus not debt collectors.
> I thought FCRA investigations are handled by the credit bureaus not debt collectors. Generally, yes. It sounds like your report says that's what happened.
Asking from Ohio; LVNC- took me to court . I received a letter from our county court saying it was dismissed . It is not the type of dismissal that is permanate maybe a 50 ? Long story short the card was opened in a former last name after i was divorced & changed back to my maiden name , also the address was in the same apartment complex but the wrong building number and wrong apt unit . I received the letter from the court a few weeks ago. I also disputed on credit Karma 2 times both times it came back valid . Looks to be about $2200.0 What should my next step be ? I received the last court judgment via mail at my correct address . The prior letters if they were sent i am thinking went to the incorrect address . This has a large impact on my credit and i would like to get it dismissed permanently but over $2200.00 it hardly seems worth getting a lawyer involved or is it ? Thanks for the great information. Subscribed and thumbs up ❤
In Florida 2020. My wife received a letter from a debt collector. Stating she is being sued for a debt. We didn't know from who what and why. Until we went to the courthouse and filed a form to dispute it. So we received a letter to go in front of a judge about this particular debt. Which she did and she had to pay $100 a month. After approximately 9 months of them garnishing $100 a month. She had found a better job with she took. She has been working there for approximately 18 months. And on April 3rd, 2023 there was a garnishment and they took out 25% of her pay. ($345.00) After FICO, Social Security, Ira, per premium for insurance. $700 was taken out of her check. And on April 23rd, they garnished 25% of her check and Fica, Social Security so another $700. This is a debt from 2007. She never received a notification, letter, emailed, nothing about this dept that they are garnishing without her knowledge. She works 40 hours & kerchak is approximately between $1,400 and $1,600 every two weeks. On April 3rd when they took out $700 , her per paycheck went from $1400.00 to $700.00. & on April 19th her Check was approximately the same. Which left her approximately $700. Our rent alone is $2,000 in Coconut Creek. The company that she works for did not notify her about this garnishment. Today is Saturday April 22nd. This month alone, they have taken out $1,400 across the board. WHAT CAN WE DO TO STOP THIS? I told her to write a letter to the judge and to the debt collector about this. If you ask me this is theft this is outrageous. We need to get back in front of the judge cuz this company is illegally garnishing her wages. And we can't afford to hire an attorney
If you went to the courthouse without a lawyer, you’ve just discovered how expensive that option is. Whatever happened in court that day is costing you far more than it would have cost to stop the garnishment from happening. If you think you’ve been garnished illegally then call our office. If we find a violation of law, we may be able to help you for free.
Ive had a parking ticket demand drom debt collecting firm ..from 4 years ago ! I never knew it even existed .. now stands at £170 ..for parking in McDonalds car park . Thats extortionate debt collector fees added . How do i challenge this ?
No idea. First of all, nothing on this channel applies to parking tickets. Secondly, it looks like you're in the UK so I couldn’t possibly give you the correct answer on what works there. Have you tried speaking to a solicitor in the UK?
what happens if you get one of those letters from Midland that says we have this debt and are considering legal action and you're disabled and can't work? And this is from an old Credit card debt?
Hi! Thank you for the videos!!! I'm in NY. I have 4 quick questions....1) Is there a way to have the reporting agencies NOT fix info that is disputed, but remove it? 2) What is the best way to have creditors remove late payments from an account once the account is current for a while? 3) If a debt was charged off, does disputing it restart the timeline for them collect and report an account? & 4) Can a charged off account be removed from my credit report if it is sold to a different company who has it reported under their name?
I asked for validation from the collection agency regarding my vehicle being towed and never being notified. They sent me all the invoices and a copy of the certified mail that the towing company sent to me. I never received the certified mail or was even notified I had any certified mail so I had no knowledge of all the fees accumulating with the towing agency. Should I dispute this back to the collection agency?
I just got a summons from from a debt collector in my old name and I'm also on supplement social security I do not have the money to pay now I only get 943 a month I don't know what to do
My son 17 years while in high school wanted to start a company, he needed leads so he got into an agreement that was done online to pay $300 per month for leads he paid January and upon discovering this I called the bank and canceled his card and now they had no way of removing the money this week he received a letter from collections stating he owes $700 and given ten days to respond what to do? Do we dispute?
If this is debt for a business it probably wouldn’t be covered by any of the consumer laws we talk about on this channel. Your best bet is to talk to a business lawyer who can help you untangle the problem.
Michael, your videos are awesome and very detailed. I just received a IRS to collections letter, from 2019 (CP140). It is for my business name, at my home address. No real info and no amounts. I suppose I will get a letter soon from the collection agency they listed. Do your recommendations and info differ if it is a IRS related collection effort? Hope you can advise me. Thank you. Dan.
> Do your recommendations and info differ if it is a IRS related collection effort? Yes, very much so! you need to speak with an IRS-enforcement expert. Do you need a recommendation for Florida?
What if the original account belonged to Republic Bank, which went under, and was sold to a debt collector against your will? That should be a different situation. I was paying Republic, and they went under. Then, these guys (NCB) bought the debt and started harassing me. When I asked for validation, they sent some documents in an unmarked envelope. Does this fall under the FRCA law about third party collections?
None of the dispute letters I talk about require anything on your credit report. Take a look at some of our more recent videos-including the Debt Collection Battle Plan-to find out how and where to send your dispute letter. Here's the whole playlist: ua-cam.com/play/PLbq-1mBFvBF68OwMM6kx26pwfBl9DNCgs.html
Excellent and super helpful content. Liked and subscribed! 😀I have a random question to which I can't seem to find a direct answer. If it doesn't trouble you, I'm hoping you could answer...Can a resident of MA be charged 31.9% interest for an unsecured personal loan he/she took out online if the state usury law caps the interest at 23%? The loan would be from an online lender like Upstart or Prosper. Thank you so much!
Glad you liked! Unfortunately, as a Florida lawyer, I can't tell you what MA law requires or allows. But under federal law, some lenders are allowed to use the usury cap from the state in which they are located, instead of where the borrower sits.
@@RWlawFL Thanks so much for responding. I hope you don't mind me asking a follow-up question. What if a debt collection agency/firm like Crown Asset Management, LLC buys that same debt that has an interest rate of 31.9%, can they still legally collect if they're not a national bank or a company that is licensed to and/or allowed to bypass a state's usury cap? Technically, the debt is no longer with the original creditor. I can't find this information anywhere online. Thanks so much!
@@RWlawFL Thank you. I did some research on LLCs vs foreign LLCs and how the laws relate to debt collection. I found out one of the debts I've disputed was bought by LVNV Funding, LLC but they are not licensed to operate in my state, and they are not a foreign LLC registered in my state either. I'm hoping this info helps my case. I've filed a complaint with the CFPB and my state's Attorney General explaining the aforementioned. I'm waiting for the results/responses. I just want to thank you personally for making these videos. They pointed me in the right direction and inspired me to fight harder for my rights. Thank you. :)
This video is not about credit reports. It only applies if you send a dispute letter directly to a debt collector in response to their communications with you.
New sub! Thanks for all the info!!! I recently sent in dispute letters and received a validation form from debt collector with a much lower amount owed. Should I just pay the amount owed or should I dispute it because the amount is inaccurate.
Thanks for the sub! Should you pay? Depends on your goal and how nasty the other side is willing to get. I'd probably want to know the real amount first.
Why would you pay a debt collector when the original creditor sold your debt to the collection agency and it’s illegal to do so therefore you don’t owe them anything because you never gave permission for your debt to be sold nor for the debt collector to contact you. Go over you FDCPA rights!
> it’s illegal to do so No, it's not. The original contract almost always contains express permission to do this. > Go over you FDCPA rights! As a lawyer who litigates FDCPA cases for a living, I'm sad to tell you that you're not right about this.
Hello! I sent a letter of verification and disputed the debt. Since then, I haven’t gotten a letter or been contacted by the debt collector in over 3 months. What do I do now?
Here's the link to our FREE set of sample letters you can use: rwlaw.gumroad.com/l/letters We updated the video description to include the link. Thanks.
I just watched another video where someone claims that a response from the debit collector just showing your last statement from your original creditor is not enough since it shows no proof that they actually own my specific debt, and that they would lose in court. He claims he got a bunch of cases thrown out in federal court because of this. Is that false information?
Someone’s getting confused about the difference between a debt validation response and what they have to show in court. They’re two different things. And if he’s claiming they sued him in federal court, that’s pretty fishy unless he filed bankruptcy. If you share the video with me I’d have a better idea of whether he’s right or just blowing smoke.
If the debt collector does not have your current address and the amount charged is an overcharge by the creditor what standing do they actually have ? Already reported this to state AG and they refuse to enforce their deceptive business practices statues which has clear fines associated. Also the amount they claim i owe is barely over the cost for them to file against me and im not in the same state as them either.
Hey Michael! Thank for these gems! I sent a verification/dispute letter to a debt collector (AFNI, inc) and they responded on one page that only stated the company I supposedly owe, that said company account number and the balance. I’m not sure what to do next with the little information they gave, when the account is not recognizable. What do you suggest?
Sending a dispute letter to the debt collector will rarely, if ever do that. You need to send a dispute to the credit bureau, for anything that is inaccurate, obsolete, or incomplete.
@@RWlawFL thank you for responding, but wouldn’t the credit bureau go to the debt collector to verify that information? The letter I got from the debt collector has very little information for me to even verify it’s my debt. So I’m not sure what to do next if I’m looking at the debt and don’t recognize it
You can send a dispute letter to the credit bureau, (not the original creditor) for any account on your credit report that is inaccurate, obsolete, or incomplete. They have a duty to make a "reasonable investigation" and correct inaccurate information, and to remove information that is obsolete or cannot be verified. If they fail to make this investigation, or fail to correct or remove information that's not accurate, complete, and timely, you can sue them for any damages suffered because of that failure.
One has nothing to do with the other. If the debt is valid, the debt collector can truthfully report it for up to seven years from when the debt first went into default.
If a credit bureau reports says i was denied credit by a card co or bank that i did not apply for a card with : 1. doesn't that affect my credit score? and how can i change that? 2. For that reason (no. 1) and because i did not apply even for a card with them so how can i get records changed with that card? (it was a store and the salesgirl started the applications process for the card before i gave the ok and then i told her i have a card and did not want to apply for one with them so pls cancel that and she informed it was cancelled or not processed . I still got a letter saying they denied me so i called and said how can you deny a card i did NOT apply for ? how can i have this removed from report? i did tell the credit bureau that i did not apply for it and that denial is not valid but they would not do anything about that. and 3. so what can i do?
"…unless such amount is expressly authorized by the agreement creating the debt or permitted by law." It's important to read the whole sentence. (15 USC § 1692f (1)) Do you have a situation where a debt collector has added charges or fees without a contract or law allowing them to do so?
@@RWlawFL if the debt collector is adding anything to the principal amount, they have to show(prove) they have that agreement to do so. In court or not under 1692f otherwise there in violation
Let's unpack this. A debt collector send you a letter. You ask them to "prove" they have the right to charge fees, etc. under 1692f. They ignore you. You sue them claiming there's a violation. Once you're in court, THEN they show the court a copy of the contract authorizing those fees and charges. (They almost always exist) The fact that they ignored you previously isn't a violation. (They don't have to show you the contract, or even have a copy of it themselves, it just has to exist. Nothing in 1692f says otherwise ) You now: 1. have lost your FDCPA case, and 2. are on the hook for the fees and charges you were trying to avoid. If you don't already have your own copy of the contract and already know it doesn't authorize those fees, you're going to have this blow up in your face. If you DO have a copy of the contract, and know ti doesn't authorize those fees, just take them straight to court.
I had a mixed credit file with my dad same name I have a suffix. 2 bureaus had my dads birthday and were reporting his medical collection on my reports
Great videos. I was able to remove five Midland Funding Collections from a time when I was out of work and had a septic kidney to deal with. I now have a cancer with good personal prognosis but not curable and on the "SSA Compassionate Timeline." Midland rescinded one lawsuit based on this and after personal letters between myself and the Attorney for Midland asked for an order dismissing the judgement. A further two debts I received letters stating that Midland had relinquished the pursuit of all of my debt accounts and they were removed from all CRA's. Since the Midland Attorney had sent a compassionate and personal letter absolving me of all further debt responsibilty that I should pay at least half of the two out of five debts totalling $700. I paid $350. The Midland Lawyer said it was not necessary but I felt that with five forgiven debts I should at least recompense them some costs. It took a lot of work to get through to Midlands Attorney. A lot of letters and calls. This actually happened thanks to Atty. Obi, Midland. I got Credit Control LLC to kick back a debt to CITI for Macy's. A Validation letter and they had no proof. That means that I have explained my situation to CITI and offered to pay the value of the merchandise and no fees in exchange for removing the Charge-Off and late payments. I am in the process of doing the same by mopping up the LVNV debts which are fairly low. My credit overall is limited use but back on track and improving. I have no intention of holding more than two Visa or Mastercard ever and no Store cards again. Keeping them under 30%. Doing well. Without your help Credit Control would never have removed its entry and kicked the debt back to CITI. The Midland parts were compassion based on unrefutable proof offered of my disease. The rest, Credit Control, LVNV are thanks directly to your videos! Thank you. My disease may be fatal. It does not mean that I am content to leave a bad name.
So sorry to hear about your health problems-we hope you get better! Also, glad to hear you were able to get the legal help you needed and resolve some of these debt issues.
thanks for this! two questions: 1: i sent a certified affidavit to a law firm suing me over a debt. i was served papers at my home. i never received a delivery receipt from the post office. now what? 2: how do i sue for damages for unlawful collection activities?
If you've been sued, consult a lawyer in your state immediately. You can't afford to skip this step. For the rest, check out our recent Debt Collection Battle Plan video.
If they've already responded to your dispute with statements, it's time to move to the next step in your process-looking for factual inaccuracy. Check out this email course to learn how: ricardolaw.com/fdcpa-course-sign-up/
I sent a validation to MCM, they responded with a couple statements from the original creditor and a notice from the original that the debt was sold to them. What do i do now?
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📫 Get five sample letters, detailed instructions, and almost an hour of attorney instruction on how to use dispute letters the right way:
rwlaw.mykajabi.com/crush
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I swear this is the only Guy I actually listen to everything he says. No BS, just gold nuggets
Thanks!
absolutely the best advice out of searching for how I was going to deal with a debt collector trying to hold me responsible for my deceased mothers debt. Thank you so much.
Glad we could help!
How did it go?
If she's passed away, they're going to have a hard time collecting from her.
Do you have the same issue?
The way you link the next video because its exactly what i need is awesome
Thanks!
I have a rental company that added $1000’s of dollars in repairs after I moved out that were improvements the company needed to make to the property and not any sort of damage that came from my living there. Basically they invested in raising the value of their property and charged me for the improvements. I caused zero damage to the property but they kept my deposit and charged me for improvements they wanted to make to their property!
Landlord/tenant law is very state specific and you probably need to speak with a landlord/tenant lawyer in your state about whether the landlord has broken the law, and whether you have the right to recover your security deposit or any other damages.
All I wanted was a sample letter for debt verification. And you got into the weeds about lawsuits and juries.
We have other videos that specifically offer free templates.
I’m glad that we could give you even more than you asked for.
I'm so excited to have this information. I can't wait to do this & finally have better credit & be able to tell them stop leave me alone. You really know this stuff but lol I'm trying to keep up with you & take notes. But I end up backing up & playing again & again because you're a very quick talker. At least you're very articulate & that help a lot.
Sorry about the fast talking. We like to get as much information out as quickly as possible, and keeping the pace of the videos snappy helps people not get bored.
You can always watch at a slower speed on the playback.
But we’re really glad the videos help.
Your videos are helping us so much, thank you. We have a PRA collection over a disputed dental bill (our dentist didn't submit the bill to the 2nd insurance, then put it into collection without resubmitting the bill, and we have our ins. company stating that they never received the bill at all!), so we were disputing our bill w/ the dentist, who then sent it to quick collections, and I ignored it (i had a daughter in the hospital, i wasn't being rude, just distracted w/ serious business of life), and at some point PRA bought the debt and I'm not disputing the debt at Transunion, and waiting for them to tell us they're going to sue us, so we can try to settle w/ the lawyers. Thank you so much for all these tips, i'm watching every vid and trying to fig out how and when is that sweet spot to wait for the settlement request. I work for lawyers and am having them help me put my settlement req together :) tho we are only in the honeymoon stage (phone calls from PRA so far). Thanks again!!
I’m glad to hear you found out videos helpful and that you have access to good legal help.
Everyone- This man here is so helpful with giving direction on these delicate matters. I want to give him some kuddos and high praise for all of his help and assistance. Just ask a question and he will deliver. Thanks so much sir and God Bless!
We’re so glad you find these helpful.
Really helpful video about debt collection solutions. I had a auto loan creditor reported I was late on a payment after the car has been traded-in.
Glad this was helpful!
Impoverished senior citizen, creditor sued while yet in a payment program. Case dismissed with prejudice. Debt charged off... and they're STILL attempting to collect. Honestly, I would have been happy to pay, but I am in poor health, living in my vehicle, struggling to survive, like so many people now...
If you're in Florida, we can help. Call us today: ricardolaw.com/contact/
So many great answers in the comments! Sir, YOU ROCK!
Glad you like!
GOLDEN information
Glad you liked it!
Great information attorney really appreciate it! Keep up the good work!
Thanks for watching!
This is great information that only lawyers can give but the only thing he has not told you is that if that debt is more then 7 years old it has to come off your credit once you inform the credit bureau about the debt being over the 7 year mark
I talk about that in other videos, like this one:
ua-cam.com/video/TeK09B6IVBo/v-deo.html
Thanks for the great information , Ricardo.
My pleasure! (This is Mike, by the way-Jason's my partner, and I'm the guy in this video)
I took notes and used suggestions you gave that fit our circumstance. We have not been able to get them to quit calling.
But after emailing specifically with your words, just one week later, I receiveved an email from the collection agency stating this:
Thank you for providing this information.
We have updated the details on this account and have marked the account as dispute.
Based on your email, we will cease calls to all phone numbers that we have for you regarding this matter.
Thank you!
Glad that worked!
Hi, Michael! Thanks for this video! I sent a debt validation letter to a debt collector for LVNV. They responded within about a week. They sent 4 different letters within a day of each other. The first 3 had account statements from the original creditor and a statement saying, "this provides verification of debt." I'm still in the process of reviewing everything they sent me and haven't had the chance to answer their letters, but in the meantime, they have been sending me collection emails almost everyday. I was getting ready to write a letter to respond to their "verification" letter but then I got another letter saying we have reviewed the financial transaction history of the account and were unable to validate your claim." I'm not sure what that means though it sounds like they will no longer entertain any further dispute from me. I thought you have up to 30 days to respond but it's been like 2 weeks and it sounds like they're already closing any further communications about it. Am I correct?
You only need to dispute once under the FDCPA. Once you dispute that first time, it’s disputed.
And you get what you get.
But hopefully, you’ve got enough information at this stage to tell whether the debt is yours, and whether the balance is correct.
If they continue collections, they do sonar their own risk. Every misleading or false statement they make exposes them to liability under the FDCPA from here on out.
One of the biggest misunderstandings people have is that the dispute process is somehow supposed to resolve disputes. It’s not. It’s supposed to give you some bare-bones information to set you on the right path if you need to fight back.
And the dispute process isn’t it, at least not after round one.
After that, you’ve got to go to court if you want to get anything done. And that means you need the guidance of someone who’s been there before.
@@RWlawFL Thanks for your answer. Resurgent sent me emails and texts almost daily after I sent them my dispute letter. They offered several settlement options and said if I create a profile in their payment portal, I will have other payment options. Is this a good idea to create a profile in their portal and negotiate that way? Or should I send them a letter with certified return receipt offering to settle in writing?
> I create a profile in their payment portal
Oh, hell naw.
I would never allow a debt collector to send me text messages or emails. I'd make them send it in writing, by US mail.
And I'd sue them every time they broke the law.
@@RWlawFLa debt collector just texted me. the only option is to call them or reply stop to stop receiving texts.
So.... "STOP" is probably the best response. And then sue them if they continue.
New subscriber! You’re amazing!
Glad you like it!
Awesome information. Thanks so much
Glad it was helpful!
What happens if I purchased a car got sick during the pandemic while in a bankruptcy that wasn't ruled in my favor with a debt that is now pass the statute of limitations in Indiana, a debt of $18,000 and the dealer has sold the vehicle for $9,000 but their still reporting to the credit agencies as $18,000; what can I do?
You probably want to speak to your bankruptcy lawyer about this.
Hello? In Florida my wife received a letter back on 2020. We filed a motion to see the judge So they just don't go and garnish her wages. This dept was back in 1997. So she went in front of the judge, and they came to an agreement to garnish $50 from her paycheck every two weeks. So we thought she was in the clear. They garnished that money for Approximately 12 months or so. She had found a new job that paid a little bit better. And then approximately ten months working at her new job & They started garnishing 25% of her paycheck So for example, when she got paid approximately $1800. Then after taxes, health insurance, and so forth. And then they started taking Out over $230.00 from her paycheck every other week. So her check went from $1800 And after all the deduction $900.00 who can live on that? It was illegal and what should we do
If they broke their agreement with her, that's a violation of law. Call the office first thing Monday and let's set up a time to talk.
I live in Oregon. I am a ovarian cancer survivor and BRCA1+ so high risk for breast cancer too. Because of this Medicare allows me to have a breast MRI annually in addition to a yearly mammogram. In 2018, Medicare denied the MRI claim and it was sent to collections. The provider said they appealed the denial but Medicare still wont pay them. It likely was billed incorrectly because prior and subsequent years were paid by Medicare and my Medicare supplement. It is important that they bill with both my diagnoses so Medicare would pay for a breast MRI. They should know if medicare might not pay for it and they did not provide me with an ABN. Not only that, I told the provider to make sure both my dx’s are on the Rx or they wont get paid. They did not do it so it got denied that year. They sold the debt to a collection agency without telling me and now I am being sued in small claims court for over $3,600. I answered that I want a hearing. I want to dispute the bill but its a collection agency suing me and they are not the ones responsible for incorrect billing. What should I do now?
I would run, or walk, to a lawyer in your area that handles Medicare debt collections. If they are suing you for something you don’t truly owe, you can sue them back and put money in your pocket while making them go away forever.
I love your videos! I know you said in some situations we can sue the creditors or credit reporting agencies. How do we find these lawyers that take up these cases. What kind of lawyers are these or what are their titles? I would like to google these lawyers just to be prepared. Thank you!
I'm one of them.
Most of the lawyers you're looking for will either call themselves consumer lawyers, "FDCPA" lawyers, "Debt defense" lawyers, or "FCRA" lawyers.
What state are you in?
Ricardo, can a medical debt collector send validation which states your diagnosis when they are not the actual doctors office? Does that violate HiPPA
Medical providers are supposed to keep your medical information confidential, but there's no way to sue them if they break the law.
HIPAA does NOT prevent debt collectors from verifying medical debt, no matter what you've heard around the internet, and if a medical provider leaks private information, you can report them to various government regulators, but you just can't sue because HIPAA does not provide a "private right of action" meaning a right for an individual to sue for violations.
Hi! Do you have a recommendation for a debt collection lawyer in PG County Maryland?
I don't have any names for Maryland. Look around for lawyers who handle "debt defense" or "FDCPA" claims.
That's great. Here in our country debt collector doesn't show any debt statement from the bank. Only total amount, even if so much error from the system they will forced you unreasonably to pay without proof of debt.
That seems unfair. Fortunately, in the US we have better laws.
Hi there! I got a validation letter from the hospital of the amounts owed, when asked the debt collector for validation.
With medical debt, the secret weapon is to compare your medical treatment records to your bill. If you find something you got billed for, but never received, that can be a powerful tool.
Thank you for the information. What if their response to the debt validation was just the signed contract ? They didn't provide any account statements to show payments made or how balance was calculated. Also, do you provide virtual consultations?
In Illinois, you should contact Hyslip Legal.
This is great info. What if the debt is only being reported on one credit report and not all three? What should I do?
You can send a dispute to the credit bureau pointing out any inaccurate, obsolete, or incomplete information so they can fix it or delete it.
I see other people’s videos saying that since you never entered into an agreement with the collection agency that you don’t have to pay them.
Those other people are wrong.
Where do you file a lawsuit against the creditor or reporting agency? At your local courthouse?
When we file them on behalf of clients, we usually pick the courthouse nearest the client.
We don't usually recommend filing them on your own-especially since the lawyer is free if you have a real case.
Do the same rules that apply to Consumer Debt collection apply to Commercial Debt, in my case a UCC Lien?
No. Very different rules apply. If you've got commercial debt, you need a business lawyer.
I have a debt collection letter for something I have no clue of nor does it reflect on my credit reports, which I have locked always. Read the letter saying where the debt occurred from and they don't have any information regarding anything with the account number or the loan name or phone, then asked for their fraud department and I was told they don't have one???
The letter should provide you with a way to demand written verification of the debt and its source.
I have a collection agency that refused to answer me, every month they keep reporting in my credit report.
They might be breaking the law. If you're in Florida, give us a call.
What about when the statue’s of limitation in your state has passed? And they still sending letter with a copy of your last statement.
Depending on what the letter says, that may be a violation of the FDCPA.
Are you in Florida? If so, give us a call today.
Great video!! I have a question. I disputed and some items were removed, but others came back validated so I went to the CFPB and filed a complaint. More items were removed and some still came back validated. I still see reporting inconsistencies, where amounts and dates are reported wrong on the 3 bureau reports. Should I go back to the CFPB? Because there us no way they did a validation of items are reporting incorrectly.
It sounds like you're talking about credit reporting, when this video is about debt collection.
But if you've disputed an item on your credit report, and it's still incorrect, going to the CFBP usually won't get you relief. The only leverage you have is to sue for violations of the Fair Credit Reporting
Act.
The CFPB doesn't work on individual cases.
I only have one reason for not paying that is i don't have anything in writing I owe him and not the credit card bank.... is that enough?
Yes.
What does one do if the debt is correctly validated, and one actually owes the debt? Is it best to make an offer to settle with the collection company? And if so, what normally, would a company settle for? Maybe 20% of the debt? thank you.
Watch our Debt Collection Battle Plan video to see what you should do next.
Thank you. How about when you send certified mail letter to the CEO and you do not even get the returned receipt back. Next move.
Seems like adding the CEO’s name was counterproductive. We never do that.
Also, were you able to track delivery? Certified mail allows you to do that.
Hey I'm located in Indiana opened my door today and saw a letter taped to my door saying I'm being sued by Midland credit management (debt collector) I have 20 days to respond here in Indiana. Needing help what could I do or what could I send out to them to get this settled?
For Indiana, contact Hyslip Legal.
How is it I never liked this video until now 🤔……Sorry for the delay 😅. Great info! Still useful! Thank you!
Better late than never!
What happens if I sold a car and said car was released on the dmv website and the sold car got impounded because the guy you sold it to got pulled over and never registered it in his name and the dmv has no record of the release of liability and the original impound lot sold it to a debt collector? How do I go about that?
This probably varies from state to state, so I have no idea how to handle this in your state.
Whenever you buy or sell a car, it's hugely important that you handle ALL the paperwork properly or you may be setting yourself up for a bad situation like this.
I hope you at least got paid for the car before you sold it. If not, I would guess you're out of luck.
Great material. I had a bad accident a couple months ago and went to the Hospital. I've been working with the different departments and have a payment plan but the ambulance people sent me to collections 15 days ago. Is that legal in that short amount of time.? What should I do? Thanks
I'm not aware of any law that would stop them from trying to collect immediately once the debt is past due.
How are the debt collectors interacting with you?
Thanks for the great video, I have a car on my credit report that was taken but was settled for a amount and paid but is still on my credit report, is there anything that can be done?
Is the outstanding debt amount:
1. Inaccurate, or
2. More than seven years old?
If so, you can dispute with the credit bureau that gave you the report.
I was contacted by a debt collector whom I tried to contact to settle the debt with an was threatened with lawsuits and a bunch of nonsense
That’s a common, but annoying, tactic they use.
I like it when debt collectors sue, because then we get the power to investigate things more deeply.
Can you please help me with this case? An online course offered the course for the amnount of 10k, for example (I cannot provide real details from her issue). The online course owner/instructor uses another company to manage their accounts and bills. This 3rd party company does not provide any loans to take the course, they simply manage the online course monthly payment. The student had to withdraw the course, and the 3rd party company is trying to collect the 10k from the student. That 3rd party did not give the student a loan to pay the course, neither payed the online course owner, the student simply had to withdraw the course. That same 3rd party company "assigned", maybe sold, the account to another company that collect debts, a debt collector. Now the student have a degotatory mark for a debt of "10k" that never existed. If the student did not took a loan, neither that 3rd party company did not payed in advance those 10k, then why is the student being charged for 10k if those 10k never existed?
This needs to be resolved with whoever offered the course.
If the student took the course, I don't see any reason at this point not to pay the agreed amount.
I submitted a debt validation letter and the collection agency responded with a blank statement account that only has the past due balance, not the actual charges. No way to tell how the amount is calculated.
That's not uncommon. The bar for their response is very low.
But if it used to be your account, you might have some account records of your own showing a contrary balance. And if you do, that's all you need to spot a possible FDCPA violation.
I received a letter from a debt collector in response to my dispute. The charges were for an apartment my daughter lived in. The charges were for cleaning and paint, which our our $200 deposit should have covered. They are asking for an additional $220 to cover cleaning and painting. My question is, since we cleaned the apartment and provided a receipt, can I dispute this amount? I understand most apartments have to be cleaned and repainted to some extent but if the deposit isn’t enough to cover that expense, am I responsible for that extra amount? I’m not sure how to respond or if I should.
Battling with landlords can be tough. Arguing with the debt collector is usually the worst way to challenge dirty landlord tricks.
In most states, I highly recommend checking with a tenant-side landlord/tenant lawyer who can help you figure out if your landlord has broken the law in a way that gives you the leverage you need to wipe out this charge forever.
Still, disputing the debt with the debt collector might give you leverage there, too. Talk to a lawyer and maybe try both approaches.
What can someone do if they were misled into joining a "credit consolidation" offer, realized after the fact that what they do is stop paying your debts, make your credit score go down, you cancel it and now you're waayyy too behind to catch up (long story). You don't refuse to pay but ask the collection agency for guidance on resolving and they reply with "get back with us when you can make payment"?
In some states, those companies are expressly illegal, and in others, it's illegal for them to deceive people in order to sell their services. If you're in Florida, we may be able to point you in the right direction.
ricardolaw.com/contact/
I have answered the validation ltr. Now I have a discovery ltr which I will dispute. Attached to it is 6 interrogatory questions I plan on respectfully dispute and decline to answer as it will give a false legal foundation on a fraudulent claim account.
If you're in court, you should immediately talk to a lawyer before you expose yourself to sanctions for discovery violations.
excellent info, very professional, i seea lot of charges on my credit card that i didnt do it. that why i failed to make payment and then eventually they put me late payment already, i need your help.
If they’re not your charges, this may be identity theft. If you’re in Florida, we'd like to speak with you.
What about if you didn’t get no letters or emails from debt collectors and they reported you to credit bureau?
Then they've probably broken the law and you can skip 5e dispute step and go straight to the lawsuit part.
Nice video. What do you do when the Collection Agency has not responded to your dispute letter? Do they have a specific timeframe to respond to your dispute letter? If so, how long do they have? Should you send a follow-up dispute letter? What should the follow-up letter state? Thanks!
Once you send a letter…
(and for anyone else reading, you can get letters like this HERE: rwlaw.gumroad.com/l/letters )
…the other side has two choices:
1. Stop collecting.
2. Give you a response.
If they try to collect from you without giving you the validation information required by law, you can sue them and possibly wipe out the debt for good.
If you're in Florida, you can reach us here:
ricardolaw.com/contact/
@@RWlawFL Thank you! However, the gumroad link is not working.
Try it again-there was an extra phantom character added to the link.
@@RWlawFL Wow, awesome response times! It works, thank you!
I hope you find it helpful-please give us feedback through that platform. We're planning more information to roll out based on demand and feedback.
I live in Virginia, (Virginia Beach) how do I find a lawyer in my state to help me dispute a collection being reported to just one collection bureau?
Look for “FCRA lawyer Virginia” to start your search.
Also can a charge off still be reporting with the original high balance from the original creditor?? Thank again
As long as the balance is correct, they can report the “original balance“
What if you send them a billing error because they have failed to credit the beneficiary [obliger] with the dividend of interest on the remittance transfer? Is the only thing that gets validated is who the debt belongs to? Isn't it true that the signature on the initial application from the obliger is what generated the "money"?
The bar for validation is very low, as I discussed.
Most debt doesn't involve signatures anymore, anyway.
The beneficiary theory you're talking about sounds like something that doesn't really exist in the real world. A lot of people talk about that theory but none of them have any proof that it works in the real world.
I received a letter from a debt collector. Sent them a request for validation. They sent account statements and a letter that they claimed to have mailed. However, I looked at my credit report and that account is NOT on my credit report. I’m so confused!
They don’t have to report it if they don’t want to. A debt’s validity does not depend on it being reported.
If you dispute the incorrect names and addresses on your credit report and you show proof and the reporting agencies doesn’t remove them. Could you sue under the FCRA?
If they fail to reasonably investigate the inaccurate data, yes.
Hi . They sent me a collection notice with my first name but using my mothers maiden name not the last name I use for everything do I have to pay them?
Two things:
1. I hope you enjoyed FCB's victory over Real Madrid this weekend. Força Barça!
2. A collection notice with the wrong name is a red flag that the debt collector has incorrect records and information. If all they're doing is sending you letters int he wrong name, it's unlikely they'll be able to make you pay. If they try to sue you under the wrong name, you'd be able to sue them back.
Even with things as they are, I'd like to see the letter they sent you to determine if they're already breaking the law. Can you reach out to us?
ricardolaw.com/contact/
Is there a debt collector template we can use and fill in without paying for services?
Go here: rwlaw.gumroad.com/l/letters
Enter "0" in the "fair price" window and you'll get the sample letters for free.
Your videos have been so helpful, thank you for doing them!!
I sent a letter disputing the debt in question, the collator sent me paper statements and after review I saw there are charges that aren’t mine. How do suggest I word my letter back to them? I have it partly written with the line “you are asking for money I don’t owe” but how do I finish the letter? Do I ask for them to make an offer? Any help is greatly appreciated.
If your goal is to settle for less than the full amount, you can make that offer in writing, and optionally explain why.
Check out our video about negotiating with debt collectors.
In the event that credit information is not showing the original date of delinquency on the credit report.
Sounds like something you could dispute as incomplete.
Once they fill it in, compare it to your records.
Watch our Debt Collection Battle Plan video to see what you should do next.
if it is a university how would a person know the exact amount they owe, Does a person have the right to request no contact without showing discrepency
You don't need to show a discrepancy to request no contact from debt collectors. At least, not in the US.
A debt collector contacted me about an electric bill that is past due on a rental property I sold at the end of July 2022. I informed them over the phone and a dispute letter that the electric bill charges they're attempting to collect from September-October 2022 is not my debt and it's the debt of the new owner of the house (he didn't notify the electric company until Oct 6th) that he owns the house now. The debt collector responded and say that their client says that I still owe the debt. Where should I go from here?
If it's a bill coming from a rental property you owned, then it's not a "consumer" debt and nothing I say in this channel is going to apply to you.
If you're running a business, you need to have a lawyer you trust to help you with tings like this.
I sent a debt collector a debt validation letter and noticed that they are reporting a different amount on my credit report and under the comment section they are starting completed investigation of FCRA dispute-consumer disagrees. I thought the comment section is suppose to say that the account is disputed by consumer. I thought FCRA investigations are handled by the credit bureaus not debt collectors.
> I thought FCRA investigations are handled by the credit bureaus not debt collectors.
Generally, yes. It sounds like your report says that's what happened.
Asking from Ohio; LVNC- took me to court . I received a letter from our county court saying it was dismissed . It is not the type of dismissal that is permanate maybe a 50 ? Long story short the card was opened in a former last name after i was divorced & changed back to my maiden name , also the address was in the same apartment complex but the wrong building number and wrong apt unit . I received the letter from the court a few weeks ago. I also disputed on credit Karma 2 times both times it came back valid . Looks to be about $2200.0 What should my next step be ? I received the last court judgment via mail at my correct address . The prior letters if they were sent i am thinking went to the incorrect address . This has a large impact on my credit and i would like to get it dismissed permanently but over $2200.00 it hardly seems worth getting a lawyer involved or is it ? Thanks for the great information. Subscribed and thumbs up ❤
It sounds like you need to speak with an Ohio lawyer!
In Florida 2020. My wife received a letter from a debt collector. Stating she is being sued for a debt. We didn't know from who what and why. Until we went to the courthouse and filed a form to dispute it. So we received a letter to go in front of a judge about this particular debt. Which she did and she had to pay $100 a month. After approximately 9 months of them garnishing $100 a month.
She had found a better job with she took. She has been working there for approximately 18 months. And on April 3rd, 2023 there was a garnishment and they took out 25% of her pay. ($345.00)
After FICO, Social Security, Ira, per premium for insurance. $700 was taken out of her check. And on April 23rd, they garnished 25% of her check and Fica, Social Security so another $700. This is a debt from 2007. She never received a notification, letter, emailed, nothing about this dept that they are garnishing without her knowledge. She works 40 hours & kerchak is approximately between $1,400 and $1,600 every two weeks. On April 3rd when they took out $700 , her per paycheck went from $1400.00 to $700.00. & on April 19th her Check was approximately the same. Which left her approximately $700.
Our rent alone is $2,000 in Coconut Creek. The company that she works for did not notify her about this garnishment. Today is Saturday April 22nd. This month alone, they have taken out $1,400 across the board. WHAT CAN WE DO TO STOP THIS? I told her to write a letter to the judge and to the debt collector about this. If you ask me this is theft this is outrageous. We need to get back in front of the judge cuz this company is illegally garnishing her wages.
And we can't afford to hire an attorney
If you went to the courthouse without a lawyer, you’ve just discovered how expensive that option is.
Whatever happened in court that day is costing you far more than it would have cost to stop the garnishment from happening.
If you think you’ve been garnished illegally then call our office. If we find a violation of law, we may be able to help you for free.
Ive had a parking ticket demand drom debt collecting firm ..from 4 years ago ! I never knew it even existed .. now stands at £170 ..for parking in McDonalds car park . Thats extortionate debt collector fees added . How do i challenge this ?
No idea. First of all, nothing on this channel applies to parking tickets. Secondly, it looks like you're in the UK so I couldn’t possibly give you the correct answer on what works there.
Have you tried speaking to a solicitor in the UK?
what happens if you get one of those letters from Midland that says we have this debt and are considering legal action and you're disabled and can't work? And this is from an old Credit card debt?
Have you sent the dispute letter we talk about in our videos?
What if the dept they're requesting you pay is not on any of your credit reports.. do they have to dismiss the debt in question 🤔
No. The credit report is not the test for whether or no a debt is owed or valid. It's just a report.
Hi! Thank you for the videos!!! I'm in NY. I have 4 quick questions....1) Is there a way to have the reporting agencies NOT fix info that is disputed, but remove it? 2) What is the best way to have creditors remove late payments from an account once the account is current for a while? 3) If a debt was charged off, does disputing it restart the timeline for them collect and report an account? & 4) Can a charged off account be removed from my credit report if it is sold to a different company who has it reported under their name?
In NY, call NY lawyer Subhan Tariq: 718-674-1245
I asked for validation from the collection agency regarding my vehicle being towed and never being notified. They sent me all the invoices and a copy of the certified mail that the towing company sent to me. I never received the certified mail or was even notified I had any certified mail so I had no knowledge of all the fees accumulating with the towing agency. Should I dispute this back to the collection agency?
If your state law says that you don’t owe the debt if you didn’t receive the letter, then that might be a useful way to go.
I just got a summons from from a debt collector in my old name and I'm also on supplement social security I do not have the money to pay now I only get 943 a month I don't know what to do
Have you spoken to a legal aid organization in your state?
What about if the collection is only reported on one or two of the credit reporting agencies. Does that qualify for an inconsistent
Probably not.
My son 17 years while in high school wanted to start a company, he needed leads so he got into an agreement that was done online to pay $300 per month for leads he paid January and upon discovering this I called the bank and canceled his card and now they had no way of removing the money this week he received a letter from collections stating he owes $700 and given ten days to respond what to do? Do we dispute?
If this is debt for a business it probably wouldn’t be covered by any of the consumer laws we talk about on this channel. Your best bet is to talk to a business lawyer who can help you untangle the problem.
What if the debt is over 7 years old is the debt collector able to put it on the report when it would have already dropped of the report,
No.
Michael, your videos are awesome and very detailed. I just received a IRS to collections letter, from 2019 (CP140). It is for my business name, at my home address. No real info and no amounts. I suppose I will get a letter soon from the collection agency they listed. Do your recommendations and info differ if it is a IRS related collection effort? Hope you can advise me. Thank you. Dan.
> Do your recommendations and info differ if it is a IRS related collection effort?
Yes, very much so! you need to speak with an IRS-enforcement expert. Do you need a recommendation for Florida?
What if the original account belonged to Republic Bank, which went under, and was sold to a debt collector against your will? That should be a different situation. I was paying Republic, and they went under. Then, these guys (NCB) bought the debt and started harassing me. When I asked for validation, they sent some documents in an unmarked envelope. Does this fall under the FRCA law about third party collections?
It sounds like the debt collector would be covered by the FDCPA, and if the report to credit bureaus, the FCRA as well.
Your credit report is free of any collection notices and they are trying to collect a debt that is not on your credit report? What to do?
None of the dispute letters I talk about require anything on your credit report. Take a look at some of our more recent videos-including the Debt Collection Battle Plan-to find out how and where to send your dispute letter.
Here's the whole playlist: ua-cam.com/play/PLbq-1mBFvBF68OwMM6kx26pwfBl9DNCgs.html
@@RWlawFL Thank you
You’re welcome
Excellent and super helpful content. Liked and subscribed! 😀I have a random question to which I can't seem to find a direct answer. If it doesn't trouble you, I'm hoping you could answer...Can a resident of MA be charged 31.9% interest for an unsecured personal loan he/she took out online if the state usury law caps the interest at 23%? The loan would be from an online lender like Upstart or Prosper.
Thank you so much!
Glad you liked!
Unfortunately, as a Florida lawyer, I can't tell you what MA law requires or allows. But under federal law, some lenders are allowed to use the usury cap from the state in which they are located, instead of where the borrower sits.
@@RWlawFL Thanks so much for responding. I hope you don't mind me asking a follow-up question. What if a debt collection agency/firm like Crown Asset Management, LLC buys that same debt that has an interest rate of 31.9%, can they still legally collect if they're not a national bank or a company that is licensed to and/or allowed to bypass a state's usury cap? Technically, the debt is no longer with the original creditor. I can't find this information anywhere online. Thanks so much!
I think it's going to depend on the laws of your state and the specific facts of your case.
@@RWlawFL Thank you. I did some research on LLCs vs foreign LLCs and how the laws relate to debt collection. I found out one of the debts I've disputed was bought by LVNV Funding, LLC but they are not licensed to operate in my state, and they are not a foreign LLC registered in my state either. I'm hoping this info helps my case. I've filed a complaint with the CFPB and my state's Attorney General explaining the aforementioned. I'm waiting for the results/responses. I just want to thank you personally for making these videos. They pointed me in the right direction and inspired me to fight harder for my rights. Thank you. :)
I'm glad you're finding them helpful!
And also if they don’t do what they posed to… How do I go about a lawsuit towards them?
Watch our Debt Collection Battle Plan video.
What if you check you credit reports, and there is no record of the of the debt in the collections portion of your reports?
This video is not about credit reports. It only applies if you send a dispute letter directly to a debt collector in response to their communications with you.
New sub! Thanks for all the info!!! I recently sent in dispute letters and received a validation form from debt collector with a much lower amount owed. Should I just pay the amount owed or should I dispute it because the amount is inaccurate.
Thanks for the sub!
Should you pay? Depends on your goal and how nasty the other side is willing to get.
I'd probably want to know the real amount first.
Why would you pay a debt collector when the original creditor sold your debt to the collection agency and it’s illegal to do so therefore you don’t owe them anything because you never gave permission for your debt to be sold nor for the debt collector to contact you. Go over you FDCPA rights!
> it’s illegal to do so
No, it's not. The original contract almost always contains express permission to do this.
> Go over you FDCPA rights!
As a lawyer who litigates FDCPA cases for a living, I'm sad to tell you that you're not right about this.
@@RWlawFL to do what? I’m confused?
Hello! I sent a letter of verification and disputed the debt. Since then, I haven’t gotten a letter or been contacted by the debt collector in over 3 months. What do I do now?
We did a whole video on that!
ua-cam.com/video/Mkia9oA9i38/v-deo.html
Where is the form letter? I am on an iPad and there’s nothing “down below“.
Here's the link to our FREE set of sample letters you can use: rwlaw.gumroad.com/l/letters
We updated the video description to include the link. Thanks.
I just watched another video where someone claims that a response from the debit collector just showing your last statement from your original creditor is not enough since it shows no proof that they actually own my specific debt, and that they would lose in court. He claims he got a bunch of cases thrown out in federal court because of this. Is that false information?
Someone’s getting confused about the difference between a debt validation response and what they have to show in court. They’re two different things.
And if he’s claiming they sued him in federal court, that’s pretty fishy unless he filed bankruptcy.
If you share the video with me I’d have a better idea of whether he’s right or just blowing smoke.
If the debt collector does not have your current address and the amount charged is an overcharge by the creditor what standing do they actually have ? Already reported this to state AG and they refuse to enforce their deceptive business practices statues which has clear fines associated.
Also the amount they claim i owe is barely over the cost for them to file against me and im not in the same state as them either.
If they filed a lawsuit in the wrong state, then they have violated the FDCPA.
Statute of Limitations on Debt? Is it the credit agreement fine print state or the state I’m living in
In Florida, it could be either. Other states may vary.
Do you have to notarize the validation letter you send to the collection companies?
No, there is no notarization requirement. In fact, we recommend you "sign" it only by typing your name, not with a pen.
Hey Michael! Thank for these gems! I sent a verification/dispute letter to a debt collector (AFNI, inc) and they responded on one page that only stated the company I supposedly owe, that said company account number and the balance. I’m not sure what to do next with the little information they gave, when the account is not recognizable. What do you suggest?
There's no easy answer here, because it depends on your goals and how they're interacting with you.
What are you trying to accomplish?
@@RWlawFL I’m trying to get it removed from my report as quickly without having to pay them if possible.
Sending a dispute letter to the debt collector will rarely, if ever do that. You need to send a dispute to the credit bureau, for anything that is inaccurate, obsolete, or incomplete.
@@RWlawFL thank you for responding, but wouldn’t the credit bureau go to the debt collector to verify that information? The letter I got from the debt collector has very little information for me to even verify it’s my debt. So I’m not sure what to do next if I’m looking at the debt and don’t recognize it
You can send a dispute letter to the credit bureau, (not the original creditor) for any account on your credit report that is inaccurate, obsolete, or incomplete. They have a duty to make a "reasonable investigation" and correct inaccurate information, and to remove information that is obsolete or cannot be verified. If they fail to make this investigation, or fail to correct or remove information that's not accurate, complete, and timely, you can sue them for any damages suffered because of that failure.
What if the original debt was never reported to any of the US credit Bureaus, now I have a debt collector saying I owe and that they will report it?
One has nothing to do with the other.
If the debt is valid, the debt collector can truthfully report it for up to seven years from when the debt first went into default.
If a credit bureau reports says i was denied credit by a card co or bank that i did not apply for a card with : 1. doesn't that affect my credit score? and how can i change that? 2. For that reason (no. 1) and because i did not apply even for a card with them so how can i get records changed with that card? (it was a store and the salesgirl started the applications process for the card before i gave the ok and then i told her i have a card and did not want to apply for one with them so pls cancel that and she informed it was cancelled or not processed . I still got a letter saying they denied me so i called and said how can you deny a card i did NOT apply for ? how can i have this removed from report? i did tell the credit bureau that i did not apply for it and that denial is not valid but they would not do anything about that. and 3. so what can i do?
Yes.
You can dispute inaccurate information. If you didn’t authorize the credit pull, the store may also be liable.
1692f prohibits any interest or fees or additional amount added to the principle. This includes attorneys fees
"…unless such amount is expressly authorized by the agreement creating the debt or permitted by law."
It's important to read the whole sentence. (15 USC § 1692f (1))
Do you have a situation where a debt collector has added charges or fees without a contract or law allowing them to do so?
@@RWlawFL So then at that point it would be up to the debt collector to prove they have the agreement that allows for fees or law
If they wanted to sue you, yes.
Otherwise they don’t have a duty to “prove” anything. See our latest video on this.
@@RWlawFL if the debt collector is adding anything to the principal amount, they have to show(prove) they have that agreement to do so. In court or not under 1692f otherwise there in violation
Let's unpack this.
A debt collector send you a letter. You ask them to "prove" they have the right to charge fees, etc. under 1692f.
They ignore you.
You sue them claiming there's a violation.
Once you're in court, THEN they show the court a copy of the contract authorizing those fees and charges. (They almost always exist) The fact that they ignored you previously isn't a violation. (They don't have to show you the contract, or even have a copy of it themselves, it just has to exist. Nothing in 1692f says otherwise )
You now: 1. have lost your FDCPA case, and 2. are on the hook for the fees and charges you were trying to avoid.
If you don't already have your own copy of the contract and already know it doesn't authorize those fees, you're going to have this blow up in your face.
If you DO have a copy of the contract, and know ti doesn't authorize those fees, just take them straight to court.
I had a mixed credit file with my dad same name I have a suffix. 2 bureaus had my dads birthday and were reporting his medical collection on my reports
That sounds like a nightmare. Were you able to fix it or do you still need help?
Definitely was a nightmare. I finally got it removed, hoping my scores go up since it's been removed.
Keep an eye on that. If you've suffered any damages, you can probably sue even though it's now fixed. Mixing files like that is against the law.
Great videos. I was able to remove five Midland Funding Collections from a time when I was out of work and had a septic kidney to deal with. I now have a cancer with good personal prognosis but not curable and on the "SSA Compassionate Timeline." Midland rescinded one lawsuit based on this and after personal letters between myself and the Attorney for Midland asked for an order dismissing the judgement. A further two debts I received letters stating that Midland had relinquished the pursuit of all of my debt accounts and they were removed from all CRA's. Since the Midland Attorney had sent a compassionate and personal letter absolving me of all further debt responsibilty that I should pay at least half of the two out of five debts totalling $700. I paid $350. The Midland Lawyer said it was not necessary but I felt that with five forgiven debts I should at least recompense them some costs. It took a lot of work to get through to Midlands Attorney. A lot of letters and calls. This actually happened thanks to Atty. Obi, Midland.
I got Credit Control LLC to kick back a debt to CITI for Macy's. A Validation letter and they had no proof. That means that I have explained my situation to CITI and offered to pay the value of the merchandise and no fees in exchange for removing the Charge-Off and late payments.
I am in the process of doing the same by mopping up the LVNV debts which are fairly low. My credit overall is limited use but back on track and improving. I have no intention of holding more than two Visa or Mastercard ever and no Store cards again. Keeping them under 30%. Doing well. Without your help Credit Control would never have removed its entry and kicked the debt back to CITI.
The Midland parts were compassion based on unrefutable proof offered of my disease. The rest, Credit Control, LVNV are thanks directly to your videos! Thank you. My disease may be fatal. It does not mean that I am content to leave a bad name.
So sorry to hear about your health problems-we hope you get better!
Also, glad to hear you were able to get the legal help you needed and resolve some of these debt issues.
thanks for this! two questions: 1: i sent a certified affidavit to a law firm suing me over a debt. i was served papers at my home. i never received a delivery receipt from the post office. now what? 2: how do i sue for damages for unlawful collection activities?
If you've been sued, consult a lawyer in your state immediately. You can't afford to skip this step.
For the rest, check out our recent Debt Collection Battle Plan video.
Spring capital oak said they will not reinvestigate. They only send old statements.
If they've already responded to your dispute with statements, it's time to move to the next step in your process-looking for factual inaccuracy. Check out this email course to learn how: ricardolaw.com/fdcpa-course-sign-up/
I sent a validation to MCM, they responded with a couple statements from the original creditor and a notice from the original that the debt was sold to them. What do i do now?
Watch our Debt Collection Battle Plan video.
What about if you send a decease letter and they send your debt back to the original creditor ? What step do I take from here ?
It depends on what happens next and what your goals are. There's no cookie cutter approach.