▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬ 📫 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 ▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬
Michael Wasylik Thank you for these videos! I had called your office about a month ago about a debt collector trying to collect a debt I did not feel I owed. The kind lady I spoke to directed me to a law firm here in CA ( San Jose Consumer Law) They asked me to send my collection letter to them. The lawyer here in CA pointed out that the collection agency had violated: “Consumer Collection Notice” required by California Civil Code § 1812.700(a), in violation of California Civil Code § 1812.700(b)." They filed a lawsuit against the debt collector this past Monday. If all goes well they will be owing me money.
Thank you for posting this particular content. The question of whether the consumer owes the alleged debt has no bearing on a suit brought pursuant to the FDCPA. The focus of the FDCPA is on the conduct of the Debt Collector Not the consumer. McCarthy v. First City Bank, 970 F.2nd 45 (5th circuit 1992). When a debt collector is sued and they file an response to the complaint, their only defense is to DENY all the allegations and allege the plaintiff owes the debt. This is why the debt collectors are easy to defeat. Yes, the Plaintiff will be compensated accordingly.
i live in nevada i had my car in a shop who ovrcharged me and the only way i could get my car was to sign up with a finance comp. i sent them a termination of conract letter but they are still sending my debt to collections
I received letter for medical debt saying I owe $201 . I read however that under $500 can’t be reported to 3 credit bureaus. It is for stage 4 Cancer. Someone told me Florida Cancer Center doesn’t report to credit bureaus. Can you verify this? Thx 2:46
I had an attorney tell me that I can only get $1,000 when I am being harassed and the only thing that lawyer was focused on was the phone calls but not the other stuff you mentioned.
I am in Florida, my husbands older and the debt collector is taking advantage of his lack of knowledge, so i'm not handling the matter. I contacted you and look forward to a consultation.
This was on your credit report or in the demand letters? Unless there's a basis for them to add money to the balance, that's either a false report on your credit report, a false statement as to the amount of the debt, or possibly both.
Very informative video, thank you. I have an Income Share Agreement account that went to collections from a for profit online school that went under before I was required to pay. The contract explicitly says *This is not a loan or credit* but the terms constitute a loan under federal law. Further it does not contain specific language required on a loan defined by the FTC's "Holder Rule" explaining the consumers rights. Could I have a case to sue and get the money I paid back?
I’m not familiar with that particular type of transaction but it sure sounds suspect to me. For-profit schools are coming under heavy scrutiny lately so it’s worth checking out.
A debt collector has summons me, so I sent a answer letter and a debt validation letter by certified mail but haven’t gotten a response in 32 days from the collection agency. Is the debt collector in the right if they are reporting my debt as disputed but also verified under fdca laws on my credit reports?
The FDCPA only requires them to report it as disputed, and requires them to respond to your request for validation before they can continue with debt collection.
Hi mr. Wassick. I would love to fight back I have 2 accounts with Midland the settlement offered. A headache is not big difference so Im in payment plan for now but looking a professional like you in NEW JERSEY please I appreciate you sharing and helping the community with knowledge thank you again!
I am in New Jersey. So I had all 3 credit reporting agencies remove something from Calvary on my credit report in 2022. Now the collections company is trying to sue me. Can I actually sue them for that?
I’m in the state of California and Midland Funding is suing me for a credit card that was changed off in May of 2019 I’m at a loss at what would be the first step for me to respond….
#2 part -- I just received the paperwork which came in the mail, I was never served and it looks like that the case was brought before a judge on September 28, 2021 ….. I spoke to someone yesterday and they advised me that I need to go to San Bernardino county courts and see if I can pull up what took place on that day…..😔 …. This is stressing me out! Hopefully I can find out before they put a judgment and start garnishing my salary……
The current debt collector in dealing with now is Midland. They stated they will not go lower than 30% of my owed balance. Is this true? I’m also dealing with LVNV funding for a very old debt. They said they have an attorney on this debt.
Hi, your videos are awesome. Can you help me out if I’m a Nevada resident? Can i schedule a session with you so we can discuss what’s the best approach? I got reported to a credit bureau w/o receiving any letter from a debt collector for a debt I don’t even owe. I’m lost, please for guidance. Thank you 🙏🏼
Just started with National Debt Relief. Both wife and I are currently not working and struggling. Wondering if NDR is a good idea ? Or not. I live in Pennsylvania and own my home. Have not musta mortgage payment making that the priority right now. Any advice would be appreciated thanks
Great information. I have a debt collector AMA pursuing credit card debt for capital one I never applied for 2007-2011. They initially contacted me via voicemail and contacted my son’s phone. They also made assumptions that I went through hardship or divorce when I was informing them that I did not recognize the debt. Did Allen Austin and Associates break the law?
I don't know what you mean when you say you got a judgment "dismissed." Also, are they suing you now on a case from 2016? That seems unusual. What state are you in?
You can challenge anything on your credit report is in accurate, obsolete, or incomplete. The letter has to go straight to the credit bureaus. Check out our videos about that topic.
Hello, I am in Washington state and recently received letters to repay an old student loan (that i thought was paid) which was also just reported to one of the credit agencies.... i requested info from the debt collector on this debt and the most recent transaction on the account was from early 2018! Should i go ahead and dispute this with the credit agency or do you recommend any law firms to work with first in my state?
Student loans are a very specialized area and there are a handful of lawyers around the country who specialize in that area. You should talk to one of them.
Also, Ability Recovery Services put a collection on my report without sending a letter, is that even legal? I sent them a VOD, waiting to hear back. I have no clue what it’s for 😩😩
> put a collection on my report without sending a letter, is that even legal? Generally, yes. > I sent them a VOD, waiting to hear back. Hopefully, that clears things up. Keep checking your credit report.
Thanks for your videos Michael. I received a letter from a debt collector in Houston (I live in Dallas) on May 13. It stated that I had 30 days to dispute. 15 days later I received a certified letter from their lawyers in Illinois, a Notice of Acceleration and of posting and foreclosure. They should receive my dispute letter today in Houston. Any advice?
Foreclosure is a much different animal, and much more urgent. Immediately speak to a Texas lawyer who handles foreclosure cases on behalf of homeowners. I assume this is for a Texas property. Don't wait. Get on the phone today with a lawyer near Dallas who knows how to handle this.
I have two debts on my credit report that I have disputed. They credit agencies have left them on my report after an investigation. One is a debt that keeps changing collection companies, but is over 7 years old. The other is a debt that should be under a litigation case. Neither have been removed, I was getting phone calls until I blocked the numbers calling me, and I still get collection letters. I am on disability and these accounts are harming my credit, what can I do to remove them or reolve this? I am in Florida.
Hi im in Fl. I have a case filed from a credit card. My case is at the end of this month, July 2024. I know its last minute. How do I get ahold of your office?
I have an account in collections. The debt collection agency called my husbands place of business asking him to talk to me about my debt. I called them after that and they told me they would settle for 4820 but they need it my the end of the month. They insinuated it would be referred to the Eaton Group law firm in Louisiana
EVERYTHING they tell you on the phone is a lie. Never talk to debt collectors on the phone, and don't let them call you. Here's what you should do instead: ua-cam.com/video/WJ3jNKivu-4/v-deo.html
Great video. I have a credit card company that is call me 4 times a Day can I sue them for harassment? Do you guys provide a service or a guide on how to sue?
If the original credit card company is calling you, they are probably not covered by the FDCPA, so you couldn't sue them for that. If it's a debt collector, that probably would be violation. We're in the process of creating a guide on how to sue.
How about NY? I got a letter stating a own a debt when the account was closed year ago and money was returned from the merchant, I don't get how I can get into collections now, how can I dispute that, I don't have any proof of closed account but my bank got the money back..
So, I have two debt collectors say they own the same debt. I have sent one of the debt collectors a validation letter. I have received it back. What should I do? Waiting for the other debt collector to send validations.
They can't BOTH own it at the same time if they're two different companies. If that's what they're claiming, one or both are lying to you. And that's a violation.
I have a debt collector contact me for a debt for another company. I called the company and they confirmed this debt is not mine. The collection company has been made aware of this from me multiple times as well as from the company who sent this to collections. I’m now waiting for them to contact me a few more times and then perhaps go after them
Midland Credit, I'm in California.. They are reporting on my credit report. I want to settle and get it off my report $985. Sent 3 letter disputing for 6 months and nothing happening.
Amazing Advice! As of April 2022, do you have anyone I can reach out to in California? I could definitely use the advice of a lawyer for my next step in beating the collections agency.
You’re savior today. Do you have anyone I can reach out in Texas? I would like to know more on my situation as it’s first time for me and ur video saved me from paying money at first point 😮
@@RWlawFL I’m about to write a debt verification letter in response to their debt validation letter. The creditor (landlord) is demanding a debt that I believe is invalid. A little backstory: I signed a contract to sublease a small retail space for 6 months. (Basically renting some shelf space) When I asked my landlord why she had put an address different than the one I will be displaying my items, she said it’s because she doesn’t actually own the lease. She actually subleases that space then turns around and subleases to 40 other people. Giving her the benefit of the doubt, I signed the contract. I paid rent on the 1st of each month for 2 months. On 4/28, I wrote to her and provided examples as to why I was leaving. On 5/1, a debt collector wrote to me. Now she wants to collect the remaining 4 months of rent plus fees. My question is since the lease address was purposely written for another address other than the one intended to be rented, does the contract automatically become non-binding therefore I don’t owe this debt.
OK, so this is business debt, which means none of the consumer laws I talk about on this channel would apply to you. If you were in Florida, it's possible there might be some other violation there, but you need to speak to a lawyer in your state.
a debt collector claims I owe them money from a lease when I clearly have proof I paid on time all the time. Some sort of accounting issues perhaps. Anyhow are their lawyers that help me to prove it’s not my debt ? Then I can provide these lawyers with all my proof of paying on time? I’m in California. I heard there are lawyers that do this for free somehow? How do they do that? They just take the settlement from the damaged caused? Thanks
You If you paid, and they're trying to collect, even after you show them proof, you may have a pretty good FDCPA case. In California, call Mike Cardoza: www.cardozalawcorp.com/
Can you please tell me if this stament is considered misleading? "Unless payment is made within (7) seven days of the date of this email, we may be left with no alternative but to proceed with Legal Action to obtain a Judgement against you. This will add Court Costs and Solicitors Fees to the amount which you are legally required to pay." Im trying to get my head around the wording. Thank you again for all of your videos
It can be, especially if they have no intent of suing. And if this is the first time they’ve reached out to you, they may be depriving you of your 30-day dispute window. If you’re in Florida, give us a call today!
@@RWlawFL I wish I could. I live in New Zealand. I'm trying to marry up our laws and build my case from here as I have no t found a lawyer here who will help with clearing credit reports
Most of the things I talk about don’t apply outside the US because they are based on US law. You’ll need to speak to an expert in New Zealand to find out what’s right for you.
@@RWlawFL I’m looking for Florida.Your firm is probably great, but you don’t return phone calls. How I know, I left a message weeks ago, but no called was returned. You receptionist who answered the phone was very nice though.
Our standard procedure when someone calls in, is that one of the folks in our office will get detailed contact information, including name, address, phone number, email korma along with a detailed description of the case, matter, or issue they’re calling about. Then we would immediately set an appointment for that person to talk to one of our lawyers, put that appointment on the calendar, and make sure the attorney had all the relevant information. Then, that person would get a 30 minute phone call with the attorney going over their case and figuring out if there’s a way for us to help. Because I’m one of the attorneys that handles those appointments, I know that in rare cases, we get a phone number that doesn’t actually connect for whatever reason, the appointment doesn’t answer because they forgot or they’re in an area where their cell phone doesn’t work, or some other miscommunication problem. We with an email that person to reschedule the appointment. To hear that you called our office, spoke to somebody, and didn’t get a call back is very concerning to me. I want to track this down and make sure we find the answer to that. However, please call us again first thing Monday morning so we can reschedule your appointment. I wish I had known about this sooner so I could’ve taken steps to fix it sooner.
The bill collector is making small payments saying the payments are being made by me. I have already disputed this debt. I live in Virginia and the collection is two years old. What should I do about this 3000 dollar cebt,
If the debt collector is sending false information to the credit reporting agencies, you can dispute that false information with directly with the agencies. (Check out the other videos on our channel!). Once you have disputed with the agencies, if the debt collector continues to report false information, it’s probably time to sue under the FCRA for violation of a “furnisher” duty to report accurately.
Hi, I have a collection account of $1900 with Midland Funding LLC in Michigan. The collection occurred in California. I now live in Texas. If I wanted to go to small claims court to file a judgement against Midland Funding, can I do so in the state that I live in, or do I have to file in the state the collection occurred?
If you’re suing Midland you’ll want to sue in a state where the violation occurred. This may be more than one place (for example, if it’s a letter, you could sue where it was mailed from or sent to) Usually, but not always, the state where you live it at least one of those places.
Midland Credit Mgmt - NY - sent initial notice that claims I owe a debt. I did not receive notice of my rights. Do you have an attorney contact located in NYC? These people are savages. Thanks in advance.
What happens if they a debt collector is always calling never left a voicemail message and never sent a letter but sent it to equifax and trans union. The only reason I know it’s a debt collector because I googled it.
I received a call from a debt collector for a personal student loan from about 18-19 years ago. I said I did not recall taking about a loan and they said they would send me a validation letter and call back in about 2 weeks to give me time to receive the letter. I did in fact receive the letter and the amount went from $7000 to now $10,000 plus. It’s not on my credit report but I’m wonder why do I get a call now after nearly 20 years later. What should I do? I have yet to return the debt collectors call to discuss this debt.
Did you take out a loan back then that wasn’t repaid? It’s possible this debt is beyond the statute of limitations, meaning they can no longer collect it, especially if it’s a private loan.
@@RWlawFL yes I took out a personal student loan in 2005 and it hasn’t been repaid. I thought this debt was consolidated along with my other student loan debt so I wasn’t expecting this to be separate. Any advice? How do I find out more about statute of limitations.
Sounds like you need to do some investigation. I'd look for all loan statements I've gotten since 2005 to gather as much information as possible. Including tax filings, etc. Then I'd look for a lawyer in my state to see if there was a debt collection violation.
for the life of me i cannot find an attorney in Los Angeles, do attorneys just not work for consumers here? everyone just wants a flat fee to do bankruptcy or wants me to pay 80% and then their fee...
I have no idea what's going on in California. Definitely not the way we do business here in Florida. UPDATE: See if Jay Rahimi can help you: www.lalegalsolution.com/debt-defense-lawyer-los-angeles-california/
@@RWlawFL Wow really appreciate it. Curious if you had ever heard something like this... So here in LA we are suppose to do mediation (or try) the county provides - so I sign up - get mediator - he has me sign consent to speak to their side - he reaches out to the law firm and they direct him to the collection boiler room... So mediator is on the phone with "their legal dept" aka debt collector and they are just saying the typical thing... He tells me and I was like "so you didn't even talk to attorney?" Nope. Uh... That to me seems like very shady at best and misconduct ...
In had on june 6th 2020. My wife received a letter from a debt collector stating they are suing her for a dept from 1997. So she went to the courthouse to file a motion to go in front of a judge. Because of Covid it was a video call with the Judge. The garnishment agreement was to pay $50.00 from her pay bi weekly. For roughly 12 - 15 months they garnished her wages. Then towards the ending of 2021. She found a better job because of inflation. And the rising cost of everyday living. We rent a 1-1 in coconut creek & was paying $1450 a month in 2020. Then when the lease was up they jacked up the rent to $2075.00. Which she had to get a better paying Job because of Rent & food & blah blah. After 9 months or so she noticed a huge Deduction from her check and we were like what the heck. Comes to find out that the same debt company started Is garnishing 25% of her Direct deposits. So she works around 70-80 hours every 2 weeks. Her Check is usually $1625 to 1900. After Taxes and paying health insurance, life insurance, and so forth that's already $450.00 being taken out which you have to pay the piper IRS. So now her check went from approximately $1800.00 to $1350.00 After the obvious deductions. BUT THEN Out of nowhere they started taking out $225.00 as well. So working appropriately between 70 -80 hours every two weeks for a paycheck under a thousand dollars. She did not receive any notification from her employer. She never received any notification from the debt collect, Her employer or a judge about taking 25% from her pay. My wife is very hesitant she is a chicken. By the time I actually Found out it has been over two months that they have been doing this. Are we screwed? I want to counter SUE THEM.. My wife had to quit that job ONLY Because of the garnishment. It has been very difficult. She found a new job Because of this, what can we do? Can I Sue them? I
I got a phone call from a document delivery service asking if I'd be home to sign for something, but they urged me to contact the sender and gave me a reference number to use. The sender seems to be a debt collector. They had a lot of information about me and did not ask me for any information or any money. They claimed that they acquired a debt belonging to me, and they said it was associated with my name, social security number and drivers license, all of which they read accurately to me and did not ask me to confirm. They told me that they purposely keep the account of my credit report (or they remove it) so that I cannot discharge it with bankruptcy (not sure if this is even true, but thats what they stated). They told me that they are going to sue me within 30 days. I asked if they would send me something in writing. They claimed that they had done so six months ago, and that the letter that was supposedly arriving later that day would be rescinded since we were speaking on a recorded line and this would be sufficient for them. They told me they do not accept validation demand letters and he refused to provide me their mailing address. When I asked for various other pieces of information he said that it's not in their interest to provide me any information beyond what's legally required of them because they do not want to help my defense case. He provided me a partial account number and the name of the alleged original creditor. Eventually he provided the full account number, which appeared to be a Mastercard. I have never had a credit card with that bank, I've never seen this account on any credit report, I have no correspondence by email or mail from that bank, nor any previous correspondence ever about this account or any collection efforts. I contacted the bank and they confirmed that there's never been a credit card account associated with my name/ssn, and also that the credit card number provided is not theirs. They also confirmed that the BIN from the credit card is not theirs. I asked the bank if they could provide me all of this in writing so that I could use it to fight the debt collector, but they said that's not something they can provide. I checked the BIN through several websites and they all show that it belongs to a bank in the Russian Federation. This account seems to be not only fraudulent, but possibly entirely fictitious. I reported this back to the debt collector and they told me that they would not be trying to collect on a debt that they had not done their due diligence to verify, and that I should just fight this in court. He also tried to downplay the consequences of having a judgment against me and the negative reporting that goes along with that, basically saying it's not the end of the world. I'm not sure how to prove in court that an account is not mine, even though the burden is on them to prove that it is mine (how can I make them prove that aside from them simply asserting that it is?). But also this appears to be a devious type of fraud in which a fictitious account is sold to a debt collector who can convert that into an enforceable judgment since most people won't fight it. I really don't want to deal with this and suggested to the collector that it's in their best interest as well not to peruse this, but since they are unconcerned with all these red flags and have assured me that they are going to sue me, it seems that I should not only be fighting that suit but also suing or countersuing them. The other thing is that I found out later that day is that just after the original "document delivery" call that I received they had left a fairly aggressive voicemail on my spouse's cellphone in which they stated that the call would serve as proof that I've been notified about the matter. That cell number has never been in my name. I am in CA and as far as I can tell the debt collector is in TX. I got their address by calling back and asking a different person. I appreciate any feedback, thank you.
This all sounds really sketchy and may be an outright scam. And, this is one of the reasons we recommend people never talk to debt collectors on the phone. Most of this conversation seems to violate the FDCPA so if they were to sue you a counterclaim is definitely something to consider.
@@RWlawFL Thank you. They never asked for any personal information nor for money/settlement, so it was not obvious to me what the scam might be. All calls except the initial inbound from the "document delivery" company were recorded. Do you have referrals for lawfirms in CA, or should I contact you directly for that? Thank you
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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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Michael Wasylik Thank you for these videos!
I had called your office about a month ago about a debt collector trying to collect a debt I did not feel I owed.
The kind lady I spoke to directed me to a law firm here in CA ( San Jose Consumer Law) They asked me to send my collection letter to them.
The lawyer here in CA pointed out that the collection agency had violated:
“Consumer Collection Notice” required by California Civil Code § 1812.700(a), in violation of
California Civil Code § 1812.700(b)."
They filed a lawsuit against the debt collector this past Monday. If all goes well they will be owing me money.
I hope you get what you need out of this. We're so glad we could help you find the right people to solve your problem!
Thank you for posting this particular content. The question of whether the consumer owes the alleged debt has no bearing on a suit brought pursuant to the FDCPA. The focus of the FDCPA is on the conduct of the Debt Collector Not the consumer. McCarthy v. First City Bank, 970 F.2nd 45 (5th circuit 1992).
When a debt collector is sued and they file an response to the complaint, their only defense is to DENY all the allegations and allege the plaintiff owes the debt. This is why the debt collectors are easy to defeat. Yes, the Plaintiff will be compensated accordingly.
You're welcome.
i live in nevada i had my car in a shop who ovrcharged me and the only way i could get my car was to sign up with a finance comp. i sent them a termination of conract letter but they are still sending my debt to collections
If you were in Florida, I'd be looking for ways they might have broken the law. But we can't take cases in Nevada.
I received letter for medical debt saying I owe $201 . I read however that under $500 can’t be reported to 3 credit bureaus. It is for stage 4 Cancer. Someone told me Florida Cancer Center doesn’t report to credit bureaus. Can you verify this? Thx 2:46
Sorry for what you're going through.
We haven't dealt with Florida Cancer Center, so cannot confirm or deny.
I had an attorney tell me that I can only get $1,000 when I am being harassed and the only thing that lawyer was focused on was the phone calls but not the other stuff you mentioned.
Not everyone knows the law thoroughly or is inter in pursuing these claims.
If I’m getting abusive phone calls even on the weekends how do I prove that. Do I have to some how record the phone call or what?
In some states, that's a great idea. Watch this video first: ua-cam.com/video/z_DqQhfQpEE/v-deo.html
I am in Florida, my husbands older and the debt collector is taking advantage of his lack of knowledge, so i'm not handling the matter. I contacted you and look forward to a consultation.
I hope we're able to help!
Big shoutout to Mike Cardoza.. the collector settled and the alleged debt disappeared while giving me a little cash in my pocket.
I'm glad Mike worked out for you! Anyone in California should give him a call.
Midland Funding is adding $1-2 today my balance every 2 weeks. I’m in Michigan.
This was on your credit report or in the demand letters? Unless there's a basis for them to add money to the balance, that's either a false report on your credit report, a false statement as to the amount of the debt, or possibly both.
@@RWlawFL they don’t send letters anymore, this has been on my report for 5 yrs now 🤦🏻♀️
Understood. It should roll off your report at the seven-year mark.
Very informative video, thank you. I have an Income Share Agreement account that went to collections from a for profit online school that went under before I was required to pay. The contract explicitly says *This is not a loan or credit* but the terms constitute a loan under federal law. Further it does not contain specific language required on a loan defined by the FTC's "Holder Rule" explaining the consumers rights. Could I have a case to sue and get the money I paid back?
I’m not familiar with that particular type of transaction but it sure sounds suspect to me. For-profit schools are coming under heavy scrutiny lately so it’s worth checking out.
Calling your office!! Thanks so much for the info!!!
Glad we could help!
Hi, I know practice in Florida, but do you know anyone practices in Virginia?
Unfortunately, we don't.
A debt collector has summons me, so I sent a answer letter and a debt validation letter by certified mail but haven’t gotten a response in 32 days from the collection agency. Is the debt collector in the right if they are reporting my debt as disputed but also verified under fdca laws on my credit reports?
The FDCPA only requires them to report it as disputed, and requires them to respond to your request for validation before they can continue with debt collection.
The 30 day time limit only applies to sending debt validation letters to Credit reporting Bureaus (like equifax, experian & etc) under the FCRA.
There are lots of 30 day time limits, and yes, the FCRA has one of them.
What if its the original owner of the debt?
You’ll need to check state law for that. Federal debt collection laws only apply to debt collectors.
Hi mr. Wassick. I would love to fight back I have 2 accounts with Midland the settlement offered. A headache is not big difference so Im in payment plan for now but looking a professional like you in NEW JERSEY please I appreciate you sharing and helping the community with knowledge thank you again!
I don't have a New Jersey lawyer off the top of my head. If I can get you a name I'll post it here.
@@RWlawFL excellent I appreciated your referral thank you!! Again ! Have a nice weekend
I am in New Jersey. So I had all 3 credit reporting agencies remove something from Calvary on my credit report in 2022. Now the collections company is trying to sue me. Can I actually sue them for that?
Probably not. Credit reporting has nothing to do with whether they can collect.
I’m in the state of California and Midland Funding is suing me for a credit card that was changed off in May of 2019 I’m at a loss at what would be the first step for me to respond….
In California, call Mike Cardoza: www.cardozalawcorp.com/
#2 part --
I just received the paperwork which came in the mail, I was never served and it looks like that the case was brought before a judge on September 28, 2021 …..
I spoke to someone yesterday and they advised me that I need to go to San Bernardino county courts and see if I can pull up what took place on that day…..😔 ….
This is stressing me out! Hopefully I can find out before they put a judgment and start garnishing my salary……
Have you called Mike Cardoza?
My wife is having a horrible experience with this debt collector in Minnesota and I need help?
I'm sorry that we don't yet have any good referrals for your state.
does this apply to say like george roberts and george roberts jr
It applies to debt collectors for consumer debt.
The current debt collector in dealing with now is Midland. They stated they will not go lower than 30% of my owed balance. Is this true? I’m also dealing with LVNV funding for a very old debt. They said they have an attorney on this debt.
If you're in Florida, let's talk. Give us a call.
Hi, your videos are awesome. Can you help me out if I’m a Nevada resident?
Can i schedule a session with you so we can discuss what’s the best approach?
I got reported to a credit bureau w/o receiving any letter from a debt collector for a debt I don’t even owe. I’m lost, please for guidance. Thank you 🙏🏼
Unfortunately we’re limited to Florida and I don’t yet have a referral for Nevada.
@@RWlawFL I wish I was living in Florida. Thank you for the great content!
You're very welcome! Best of luck to you.
Just started with National Debt Relief. Both wife and I are currently not working and struggling. Wondering if NDR is a good idea ? Or not. I live in Pennsylvania and own my home. Have not musta mortgage payment making that the priority right now. Any advice would be appreciated thanks
I’ve never heard someone say they were glad they hired a debt relief company. In many cases, they make the problem worse.
Great information. I have a debt collector AMA pursuing credit card debt for capital one I never applied for 2007-2011. They initially contacted me via voicemail and contacted my son’s phone. They also made assumptions that I went through hardship or divorce when I was informing them that I did not recognize the debt. Did Allen Austin and Associates break the law?
It's possible they did, and that depends on the specific details of each phone conversation.
Had a judgement from 2016. It was dismissed and today I got a letter saying I was going to get sued. Why do I do?
I don't know what you mean when you say you got a judgment "dismissed."
Also, are they suing you now on a case from 2016? That seems unusual. What state are you in?
What if they reported ít to the credit bureau before I received the letter to dispute the debt?
You can challenge anything on your credit report is in accurate, obsolete, or incomplete. The letter has to go straight to the credit bureaus. Check out our videos about that topic.
Hello, I am in Washington state and recently received letters to repay an old student loan (that i thought was paid) which was also just reported to one of the credit agencies.... i requested info from the debt collector on this debt and the most recent transaction on the account was from early 2018! Should i go ahead and dispute this with the credit agency or do you recommend any law firms to work with first in my state?
Student loans are a very specialized area and there are a handful of lawyers around the country who specialize in that area. You should talk to one of them.
Also, Ability Recovery Services put a collection on my report without sending a letter, is that even legal? I sent them a VOD, waiting to hear back. I have no clue what it’s for 😩😩
> put a collection on my report without sending a letter, is that even legal?
Generally, yes.
> I sent them a VOD, waiting to hear back.
Hopefully, that clears things up. Keep checking your credit report.
@@RWlawFL thanks for responding!! I truly appreciate you.
Can a debt collector touch someone
S social security? Do you have to sign a agreement to pay
Usually not.
Thanks for your videos Michael. I received a letter from a debt collector in Houston (I live in Dallas) on May 13. It stated that I had 30 days to dispute. 15 days later I received a certified letter from their lawyers in Illinois, a Notice of Acceleration and of posting and foreclosure. They should receive my dispute letter today in Houston. Any advice?
Foreclosure is a much different animal, and much more urgent. Immediately speak to a Texas lawyer who handles foreclosure cases on behalf of homeowners.
I assume this is for a Texas property.
Don't wait. Get on the phone today with a lawyer near Dallas who knows how to handle this.
I have two debts on my credit report that I have disputed. They credit agencies have left them on my report after an investigation. One is a debt that keeps changing collection companies, but is over 7 years old. The other is a debt that should be under a litigation case. Neither have been removed, I was getting phone calls until I blocked the numbers calling me, and I still get collection letters. I am on disability and these accounts are harming my credit, what can I do to remove them or reolve this? I am in Florida.
Call our office and schedule an appointment.
I appreciate this video. It's so helpful! Too bad you are not in WA 😔 Do you have anyone you would recommend in Washington state? Have a great day!
I can’t think of anybody off the top of my head, but if I do, I’ll edit this comment to let you know.
@@RWlawFL thank you. I would appreciate that.
Hi im in Fl. I have a case filed from a credit card. My case is at the end of this month, July 2024. I know its last minute. How do I get ahold of your office?
Call us today at 352-567-3173. The number is also in the video description.
I have an account in collections. The debt collection agency called my husbands place of business asking him to talk to me about my debt. I called them after that and they told me they would settle for 4820 but they need it my the end of the month. They insinuated it would be referred to the Eaton Group law firm in Louisiana
EVERYTHING they tell you on the phone is a lie.
Never talk to debt collectors on the phone, and don't let them call you.
Here's what you should do instead:
ua-cam.com/video/WJ3jNKivu-4/v-deo.html
Great video. I have a credit card company that is call me 4 times a Day can I sue them for harassment? Do you guys provide a service or a guide on how to sue?
If the original credit card company is calling you, they are probably not covered by the FDCPA, so you couldn't sue them for that. If it's a debt collector, that probably would be violation.
We're in the process of creating a guide on how to sue.
How about NY? I got a letter stating a own a debt when the account was closed year ago and money was returned from the merchant, I don't get how I can get into collections now, how can I dispute that, I don't have any proof of closed account but my bank got the money back..
Did you pay the debt or not?
@@RWlawFL I didn't use the service so my money was returned it shouldn't go into collection, at least that is my understanding, maybe I'm wrong.
If they didn't give you what you paid for, then it's probably illegal for them to try to demand payment from you.
Thanks for this video! Is there a lawyer I can contact in Colorado?
I wish I had one for you, but I don't right now.
So, I have two debt collectors say they own the same debt. I have sent one of the debt collectors a validation letter. I have received it back. What should I do? Waiting for the other debt collector to send validations.
They can't BOTH own it at the same time if they're two different companies. If that's what they're claiming, one or both are lying to you. And that's a violation.
I have a debt collector contact me for a debt for another company. I called the company and they confirmed this debt is not mine. The collection company has been made aware of this from me multiple times as well as from the company who sent this to collections. I’m now waiting for them to contact me a few more times and then perhaps go after them
“It’s not my debt” is the best and most satisfying reason to sue a debt collector.
And maybe the most profitable.
Midland Credit, I'm in California.. They are reporting on my credit report. I want to settle and get it off my report $985. Sent 3 letter disputing for 6 months and nothing happening.
In California, call Mike Cardoza: www.cardozalawcorp.com/
What are your fees?
Surprisingly affordable.
But the price depends on what you’re buying. If you’re in Florida, give us a call so we can help figure out what you need.
Thank you Michael for all the videos. Do you know any Attorney in the Northwest Arkansas? Thanks again
Not yet. We'd love to know if you find one.
@@RWlawFL Will do, thanks again for the response
Amazing Advice! As of April 2022, do you have anyone I can reach out to in California? I could definitely use the advice of a lawyer for my next step in beating the collections agency.
Glad you liked it!
In California, give Mike Cardoza a call: www.cardozalawcorp.com/
You’re savior today.
Do you have anyone I can reach out in Texas?
I would like to know more on my situation as it’s first time for me and ur video saved me from paying money at first point 😮
In Texas, call Bill Clanton or Daniel Ciment. Those lawyers can help you figure out what to do.
Would you say they have broken the law if they sent the debt validation letter, but never called or left a voice mail prior to sending it?
Probably not.
@@RWlawFL I’m about to write a debt verification letter in response to their debt validation letter.
The creditor (landlord) is demanding a debt that I believe is invalid.
A little backstory: I signed a contract to sublease a small retail space for 6 months. (Basically renting some shelf space) When I asked my landlord why she had put an address different than the one I will be displaying my items, she said it’s because she doesn’t actually own the lease. She actually subleases that space then turns around and subleases to 40 other people. Giving her the benefit of the doubt, I signed the contract. I paid rent on the 1st of each month for 2 months. On 4/28, I wrote to her and provided examples as to why I was leaving. On 5/1, a debt collector wrote to me. Now she wants to collect the remaining 4 months of rent plus fees.
My question is since the lease address was purposely written for another address other than the one intended to be rented, does the contract automatically become non-binding therefore I don’t owe this debt.
OK, so this is business debt, which means none of the consumer laws I talk about on this channel would apply to you.
If you were in Florida, it's possible there might be some other violation there, but you need to speak to a lawyer in your state.
a debt collector claims I owe them money from a lease when I clearly have proof I paid on time all the time. Some sort of accounting issues perhaps. Anyhow are their lawyers that help me to prove it’s not my debt ? Then I can provide these lawyers with all my proof of paying on time? I’m in California. I heard there are lawyers that do this for free somehow? How do they do that? They just take the settlement from the damaged caused? Thanks
You If you paid, and they're trying to collect, even after you show them proof, you may have a pretty good FDCPA case.
In California, call Mike Cardoza: www.cardozalawcorp.com/
Right. Bank statements can show proof of payment.
Calvary had the debt and they settee abusive and constantly calling me
In Georgia, call Steve Koval: (404) 350-5900 and let him know we sent you.
I'm in North Carolina and I'm being sued by Midland credit management what lawyer can I contact?
We don’t have a contact in North Carolina yet.
Thanks
Can you please tell me if this stament is considered misleading?
"Unless payment is made within (7) seven days of the date of this email, we may be left with no alternative but to proceed with Legal Action to obtain a Judgement against you. This will add Court Costs and Solicitors Fees to the amount which you are legally required to pay."
Im trying to get my head around the wording.
Thank you again for all of your videos
It can be, especially if they have no intent of suing.
And if this is the first time they’ve reached out to you, they may be depriving you of your 30-day dispute window.
If you’re in Florida, give us a call today!
@@RWlawFL I wish I could. I live in New Zealand. I'm trying to marry up our laws and build my case from here as I have no t found a lawyer here who will help with clearing credit reports
Most of the things I talk about don’t apply outside the US because they are based on US law. You’ll need to speak to an expert in New Zealand to find out what’s right for you.
What Consumer Protection Lawyers would you recommend who are great at what they do
I like to think we're great at what we do, but we're Florida-only. What state are you looking for?
@@RWlawFL I’m looking for Florida.Your firm is probably great, but you don’t return phone calls. How I know, I left a message weeks ago, but no called was returned. You receptionist who answered the phone was very nice though.
Our standard procedure when someone calls in, is that one of the folks in our office will get detailed contact information, including name, address, phone number, email korma along with a detailed description of the case, matter, or issue they’re calling about.
Then we would immediately set an appointment for that person to talk to one of our lawyers, put that appointment on the calendar, and make sure the attorney had all the relevant information.
Then, that person would get a 30 minute phone call with the attorney going over their case and figuring out if there’s a way for us to help.
Because I’m one of the attorneys that handles those appointments, I know that in rare cases, we get a phone number that doesn’t actually connect for whatever reason, the appointment doesn’t answer because they forgot or they’re in an area where their cell phone doesn’t work, or some other miscommunication problem. We with an email that person to reschedule the appointment.
To hear that you called our office, spoke to somebody, and didn’t get a call back is very concerning to me. I want to track this down and make sure we find the answer to that. However, please call us again first thing Monday morning so we can reschedule your appointment.
I wish I had known about this sooner so I could’ve taken steps to fix it sooner.
The bill collector is making small payments saying the payments are being made by me. I have already disputed this debt. I live in Virginia and the collection is two years old. What should I do about this 3000 dollar cebt,
If the debt collector is sending false information to the credit reporting agencies, you can dispute that false information with directly with the agencies. (Check out the other videos on our channel!).
Once you have disputed with the agencies, if the debt collector continues to report false information, it’s probably time to sue under the FCRA for violation of a “furnisher” duty to report accurately.
Since I live in Virginia how do I find a lawyer here?
Hi, I have a collection account of $1900 with Midland Funding LLC in Michigan. The collection occurred in California. I now live in Texas. If I wanted to go to small claims court to file a judgement against Midland Funding, can I do so in the state that I live in, or do I have to file in the state the collection occurred?
If you’re suing Midland you’ll want to sue in a state where the violation occurred. This may be more than one place (for example, if it’s a letter, you could sue where it was mailed from or sent to)
Usually, but not always, the state where you live it at least one of those places.
Midland Credit Mgmt - NY - sent initial notice that claims I owe a debt. I did not receive notice of my rights. Do you have an attorney contact located in NYC? These people are savages. Thanks in advance.
You should give Jay Fleischman a call: www.moneywiselaw.com/about/
Consumer protection agency in North Texas? Requesting help up against Portfolio Recovery Associates.
We recommend you get in touch with Texas lawyer Bill Clanton. Call: (210) 226-0800
@@RWlawFL thank you!!
You're welcome!
What happens if they a debt collector is always calling never left a voicemail message and never sent a letter but sent it to equifax and trans union. The only reason I know it’s a debt collector because I googled it.
Consider sending a dispute letter directly to the debt collector.
I received a call from a debt collector for a personal student loan from about 18-19 years ago. I said I did not recall taking about a loan and they said they would send me a validation letter and call back in about 2 weeks to give me time to receive the letter. I did in fact receive the letter and the amount went from $7000 to now $10,000 plus. It’s not on my credit report but I’m wonder why do I get a call now after nearly 20 years later. What should I do? I have yet to return the debt collectors call to discuss this debt.
Did you take out a loan back then that wasn’t repaid?
It’s possible this debt is beyond the statute of limitations, meaning they can no longer collect it, especially if it’s a private loan.
@@RWlawFL yes I took out a personal student loan in 2005 and it hasn’t been repaid. I thought this debt was consolidated along with my other student loan debt so I wasn’t expecting this to be separate. Any advice? How do I find out more about statute of limitations.
Sounds like you need to do some investigation.
I'd look for all loan statements I've gotten since 2005 to gather as much information as possible. Including tax filings, etc.
Then I'd look for a lawyer in my state to see if there was a debt collection violation.
@@RWlawFL will do. Thank you
Good luck!
for the life of me i cannot find an attorney in Los Angeles, do attorneys just not work for consumers here? everyone just wants a flat fee to do bankruptcy or wants me to pay 80% and then their fee...
I have no idea what's going on in California. Definitely not the way we do business here in Florida.
UPDATE: See if Jay Rahimi can help you:
www.lalegalsolution.com/debt-defense-lawyer-los-angeles-california/
@@RWlawFL Wow really appreciate it. Curious if you had ever heard something like this... So here in LA we are suppose to do mediation (or try) the county provides - so I sign up - get mediator - he has me sign consent to speak to their side - he reaches out to the law firm and they direct him to the collection boiler room... So mediator is on the phone with "their legal dept" aka debt collector and they are just saying the typical thing... He tells me and I was like "so you didn't even talk to attorney?" Nope. Uh... That to me seems like very shady at best and misconduct ...
Every state is going to have different procedures. This might be OK in California.
Don't get into to debt in the first place. Don't borrow more than you can afford to pay back. Simple.
It must be amazing to be as smart and virtuous as you are.
Please tell me more.
In had on june 6th 2020. My wife received a letter from a debt collector stating they are suing her for a dept from 1997. So she went to the courthouse to file a motion to go in front of a judge. Because of Covid it was a video call with the Judge. The garnishment agreement was to pay $50.00 from her pay bi weekly. For roughly 12 - 15 months they garnished her wages. Then towards the ending of 2021. She found a better job because of inflation. And the rising cost of everyday living. We rent a 1-1 in coconut creek & was paying $1450 a month in 2020. Then when the lease was up they jacked up the rent to $2075.00. Which she had to get a better paying Job because of Rent & food & blah blah. After 9 months or so she noticed a huge Deduction from her check and we were like what the heck. Comes to find out that the same debt company started Is garnishing 25% of her Direct deposits. So she works around 70-80 hours every 2 weeks. Her Check is usually $1625 to 1900. After Taxes and paying health insurance, life insurance, and so forth that's already $450.00 being taken out which you have to pay the piper IRS. So now her check went from approximately $1800.00 to $1350.00 After the obvious deductions. BUT THEN Out of nowhere they started taking out $225.00 as well. So working appropriately between 70 -80 hours every two weeks for a paycheck under a thousand dollars. She did not receive any notification from her employer. She never received any notification from the debt collect, Her employer or a judge about taking 25% from her pay. My wife is very hesitant she is a chicken. By the time I actually Found out it has been over two months that they have been doing this. Are we screwed? I want to counter SUE THEM.. My wife had to quit that job ONLY Because of the garnishment. It has been very difficult. She found a new job Because of this, what can we do? Can I Sue them? I
Call our office on Monday.
I got a phone call from a document delivery service asking if I'd be home to sign for something, but they urged me to contact the sender and gave me a reference number to use. The sender seems to be a debt collector. They had a lot of information about me and did not ask me for any information or any money. They claimed that they acquired a debt belonging to me, and they said it was associated with my name, social security number and drivers license, all of which they read accurately to me and did not ask me to confirm. They told me that they purposely keep the account of my credit report (or they remove it) so that I cannot discharge it with bankruptcy (not sure if this is even true, but thats what they stated). They told me that they are going to sue me within 30 days. I asked if they would send me something in writing. They claimed that they had done so six months ago, and that the letter that was supposedly arriving later that day would be rescinded since we were speaking on a recorded line and this would be sufficient for them. They told me they do not accept validation demand letters and he refused to provide me their mailing address. When I asked for various other pieces of information he said that it's not in their interest to provide me any information beyond what's legally required of them because they do not want to help my defense case.
He provided me a partial account number and the name of the alleged original creditor. Eventually he provided the full account number, which appeared to be a Mastercard. I have never had a credit card with that bank, I've never seen this account on any credit report, I have no correspondence by email or mail from that bank, nor any previous correspondence ever about this account or any collection efforts. I contacted the bank and they confirmed that there's never been a credit card account associated with my name/ssn, and also that the credit card number provided is not theirs. They also confirmed that the BIN from the credit card is not theirs. I asked the bank if they could provide me all of this in writing so that I could use it to fight the debt collector, but they said that's not something they can provide. I checked the BIN through several websites and they all show that it belongs to a bank in the Russian Federation. This account seems to be not only fraudulent, but possibly entirely fictitious. I reported this back to the debt collector and they told me that they would not be trying to collect on a debt that they had not done their due diligence to verify, and that I should just fight this in court. He also tried to downplay the consequences of having a judgment against me and the negative reporting that goes along with that, basically saying it's not the end of the world.
I'm not sure how to prove in court that an account is not mine, even though the burden is on them to prove that it is mine (how can I make them prove that aside from them simply asserting that it is?). But also this appears to be a devious type of fraud in which a fictitious account is sold to a debt collector who can convert that into an enforceable judgment since most people won't fight it. I really don't want to deal with this and suggested to the collector that it's in their best interest as well not to peruse this, but since they are unconcerned with all these red flags and have assured me that they are going to sue me, it seems that I should not only be fighting that suit but also suing or countersuing them. The other thing is that I found out later that day is that just after the original "document delivery" call that I received they had left a fairly aggressive voicemail on my spouse's cellphone in which they stated that the call would serve as proof that I've been notified about the matter. That cell number has never been in my name. I am in CA and as far as I can tell the debt collector is in TX. I got their address by calling back and asking a different person. I appreciate any feedback, thank you.
This all sounds really sketchy and may be an outright scam.
And, this is one of the reasons we recommend people never talk to debt collectors on the phone.
Most of this conversation seems to violate the FDCPA so if they were to sue you a counterclaim is definitely something to consider.
@@RWlawFL Thank you. They never asked for any personal information nor for money/settlement, so it was not obvious to me what the scam might be. All calls except the initial inbound from the "document delivery" company were recorded. Do you have referrals for lawfirms in CA, or should I contact you directly for that? Thank you
In California, call Mike Cardoza www.cardozalawcorp.com/ or Jay Rahimi: www.jrahimilaw.com/