"Just pay your bills." That's what otherwise smart people sometimes say. Here's what they really mean: Never get sick. Never get laid off. Never get in an accident. Never have an insurance claim denied. Never get hit by a hurricane, earthquake, or wildfire. Never have your car stolen. Never get in legal trouble. Never help out a family member in need. Just seal yourself in a little box. Avoid all risks. Make sure your score is in the approved range. Be a good "citizen." Keep feeding the corporations that own you. Just pay your bills.
I'm in Florida and two debt collectors Midland Funding and LVNV have each parked a collection on my credit report showing that I opened an account with each on a debt that belongs to someone with my first and last name that lives in the state of Arizona. I have sent both collection companies certified letters explaining to them that I have never lived in the state of Arizona no response.
I was contacted by somebody saying they are an attorney for a bank that I opened a store credit card at 10 years ago. I may never have made a payment at all. If I did it was 8 or 9 years ago. He said something along the lines that if the bank kept the loan in collections that the statue of limitations date didn’t start till a few years ago. This was the first person I’ve ever actually talked to about the debt and I made no agreements with him or anybody else and I haven’t payed anything or talked to anybody about this debt. Since I haven’t made any payments or talked to anybody is there anything that could have made the statue date start later than the first time I missed a payment? I believe what it said was that since the bank didn’t actually put the debt in for collection until 2019 that that is when the statue of limitations started. Is that true?
First of all, don’t take legal advice from lawyers on the other side. Second of all, don’t spend any time on the phone with these people. Tell them that if they want to communicate with you to please do so by mai. Nothing you say on the phone is going to help you, and it only gives the other side information to use against you. if you think the dead is too old to collect, you probably need to talk to a lawyer right away who can do an analysis of the limitations issue for you. Also, if this person on the phone is lying to you about anything, that is probably a violation of federal debt collection, law, and you can sue them. This gives you a lot more leverage to get rid of the debt and maybe even put some money in your pocket.
Great video! Extremely informative. Recently sued by MCM for a debt that was (last paid) in 2019. In MD the statue of limitations is 3yrs & says that making a payment does not restart the 3 yrs. therefore .. do i file a motion to dismiss based on the SOL?
@@RWlawFL in case you or anyone that might’ve come across that comment is wondering .. went to court yesterday & won. case dismissed. MCM failed to recognize that the SOL had passed! Dismissed with prejudice (as requested in my motion)
I live in PA and I understand there is a statute of limitations on revolving credit situations of 4 years. However, when I accrued the debt, I was living in a state where the statute of limitations was 8 years. Does this mean this mean as long as I continue to live in PA that this creditor can no longer pursue me?
Because we're only licensed in Florida, we can't tell you how PA law would apply to your case, or how the law of any state besides Florida might apply to your case. We just don't know the answer.
Portfolio recovery is sueing one of our members in Indiana for an unknown debt (not specified at all) so the quantity is also in doubt. The member hasn't even had a credit card for over 8 years. Indiana statute of limitations Credit Card 6 years Medical 6 years Student Loan 6 years Auto Loan 6 years Personal Loan 6 years Mortgage 10 years Judgment 20 years Thank you for your videos
Live in FL, was called today, and was told I'm being sued for an overdraft bank account that closed 09/29/2012 . I have never been told I owed it, said I owe $800 out of court, said it would be 8000 in court
Hi, thank you so much fot the valuable information! What do you think about when there is a debt which was over 19 years ago and junk debt buyers...or even legal entities of the original company for that matter...Pop up threatening lawsuit and storming your phone. When you talk to them about the statute of limitations, they proclaim that you signed a tolling agreement with them at the very time you entered the original credit card agreement with them. Is this usually done?
Stop talking to debt collectors on the phone. Watch some of our other videos to learn what you should do instead, like this one: When debt collectors call, DO THIS in 2024. ua-cam.com/video/WJ3jNKivu-4/v-deo.html
I just wanted to take the time to thank you for all the information. My wife has a creditor claiming that she owes them money we don't know who they are they said it's for her college loan she owes $4,000 yet they say it's 9,500 recent of validation verification letter and we're waiting for a reply. Again thank you...
If they file the lawsuit before the deadline that's all they need to do. But make sure 5 years is the appropriate deadline. Also, make sure you know exactly when the five years starts to run. Either way, I always raise the defense of "statute of limitations" even if I'm not 100% sure it applies. Use it or lose it.
I was sued by a credit card company over a year ago. They have never served me. The court filed that the summons had been returned unserved back in January of 2024. They have yet to dismiss the case or move at all since January. Can I get this dropped for failure to serve, if so how? This is in Orange county FL if that matters.
Possibly. It depends on your individual situation, and a bankruptcy lawyer would be the best person to ask. For most of our clients, though, bankruptcy is overkill.
In Florida there is no legal minimum. It’s whatever they feel it’s worth it based on how likely they think it is you’ll pay. The lowest I’ve seen is a few hundred bucks.
In viewing various websites comments it seems as if some judges have ruled credit card debt as falling under the contract SOL as opposed to the open ended account SOL. Is there some factor that these judges are relying on to view a credit card debt SOL as a written contract and disregarding the open ended account SOL? Love the videos, keep it up!
Here’s a fun one, I visited an ER 7 years ago. I have not heard anything about this visit until today when I checked my credit report and saw I have a collection agency coming after me for $505. The hospital closed down last year and I think they sold off their debt/accounts and for some reason now after all this time a collection agency is trying to get money from me. The odd thing is I have not received any phone calls or letters, it’s just on my credit report. The agency states as of May 2023 my account is past due, is it legal for a collection company to buy my debt and report this as owed after all these year when the original debtor never contacted me? I have zero information except what’s available on my credit report as I’m scared to contact the agency until I know what to do.
In Florida, this debt would be too old to collect. Most other states, too, as far as I can tell. If you're in Florida, we'd like to have a phone call with you to learn more. ricardolaw.com/contact/
I was on vacation at beginning of year, amazon defaulted payments to a different card, that bank never called or emailed me to say, hey you are overdrafting, by the time i found out was almost a month later, i asked the bank executive, she actually said this, were not supposed to talk to our customers about their personal stuff, so i closed the account. Recently ive been getting calls from MCM saying to call my lawyer, that i might get qn injunction
I have a collection for an account that I won a class lawsuit on, for the reason that they were charging a different amount every month. I don't know who it was that filed the lawsuit.
I went to court but the plaintiff wasn't ready, not going to lie I wasn't ready myself either. So the plaintiff and I agreed to dismiss the case. And they asked for no judgment. I know that they will try again. Can I use the dismissal to ask the court to dismiss it all together and also since the 4 years has passed from the bank statement that they have shown as evidence, can I say that this debt has passed the statue of limitation in CA
I am in Fl and have an LVNV collection that changed the date of 1st late payment by 2 years. Filed dispute w/CFPB & all 3 bureaus. Comes back validated & “compliant” on my reports. Should I file a lawsuit at this stage before they do?
This is my case. I had 19k from a credit card from 2009 from my divorce. In that same year 2009 I was indicted in federal court, and sentenced to 8 years in federal prison for a totally different case. So today I got served with a lawsuit from a collection agency saying that I have to go to court. I ask 2 another lawyers and they think that I have a judgment against me. My question is, can the collection agency sue me for a debt after 14 years, and if I do have a judgement against me , how did they get a judgment if I was locked up in prison for 8 years. Thank you
No way to tell how they got the judgment, because every state is different. If they didn’t get a judgment, I’m not aware of any state that will let them pursue you after 14 years.
I had a car repossessed in 2015. In 2019 I was served and responded immediately. Nothing further happened. Now in 2022, I got served again. Saying the lawyer is requesting court in 21 days and they are requesting a judgement. Here in Texas the limitation is also 4 years. Because they never followed through originally, is this new lawsuit valid?
That’s definitely a question it would be unique to Texas law, and you should absolutely speak to a Texas lawyer about that. We recommend Bill Clanton for debt collection if she’s in Texas. You can find information about him on the channel.
We did a video with Texas lawyer, Bill Clanton, and I think he answered that question in the interview. Because we’re Florida lawyers, we don’t know the laws in other states, and can’t answer questions about other states like that.
If a civil debt case was filed in 2020 then dismissed without prejudice in 2021 how long do they have to refile and does statue of limitations still begin at date of delinquency or date case was dismissed
What if debt was made in California with a four year statute that has passed but now living in oklahoma where it is 5 years and midland filed a lawsuit. Thank you in advance for any insite.
That’s going to depend on Oklahoma law, the contracts that created the debt, and possibly even California law. Unfortunately, I’m only licensed in Florida, so I can’t give you a useful answer on that. But now at least you know where to look.
I live in Colorado but the debt originated in Utah. I have a debt with old bank for repo car and credit card from Sep 2016 are these debts time barred?
The answer depends on the state law in Colorado, the state line, Utah, and the specific details of your contract with the lender. This Florida lawyer can’t possibly answer that question because I have no idea about any of those items.
So to be clear, if there is an actual judgement with garnishment, there is nothing else that can be done? I’m dealing with LVNV now. We went to court in 2018; judge set the case aside without prejudice if I remember correctly. Heard nothing until recently when a garnishment showed up in my paycheck. I want to fight! How do I fight?!
If there's a judgment, it's much harder because you've already "lost." But check out this video-even though it mentions LVNV you can use these ideas for all post-judgment collections: ua-cam.com/video/3mA-wqO-ZhY/v-deo.html
I have court action against me in California. Original debt was about $1100. way back in 2009. The original debtee added fees and late charges to bring it to around $2000. The debt got sold and exchanged hands to a Recovery Service. It is in the hands of a law office and they filed a lawsuit in 2013. Judgement was for MORE than $2200. Now, they are filing for a renewal to extend the 2013 judgement. My biggest gripe is the AMOUNT! It doubled! Can they do that? There is now way they can prove I ever owed that amount, EVER! I have 50 days to motion against the renewal. What should I do?
Only a California lawyer could give you a meaningful answer to that question. Give Mike Cardoza a call: www.cardozalawcorp.com/ You can also try Jay Rahimi: www.jrahimilaw.com/
Hey Ricardo, I have a unique case I can’t find an answer to. I had lawsuit papers posted on my door today from a car debt 5 years 11 months and 2 weeks ago. In Michigan where I’m from the statute of limitations is 6 years. Can I wait this case out 2 more weeks and claim that the statute of limitations ran out to get the case dismissed? Or do the debt collectors have a case since they filed before the 6 year mark? The expiration date for the case on the paper is 4/6/23. Thanks and great video!
In Florida, the SOL only applies to the day they file the case and you wouldn't be able to "wait it out." I don't know Michigan law, but I doubt that's different. We're glad you're enjoying the videos!
I can't say how Michigan law would treat this, but in Florida, the statute of limitations starts at the time you miss the first payment, and would restart if you ever make another payment. Each state has different laws on what might extend the SOL so check with a lawyer near you.
Thank you for doing this video. How do I find out for Indiana? I have been looking for days. I know the SOL is 6 years and I need info for a store credit by a debt buyer. What I need to find when the SOL starts tolling. I'm trying to help my son. His credit report shows he went into default in December 2017. He paid a partial payment on January 7, 2018. The debt buyer sued him in Dec 6, 2023. So I'm trying to find out the age of the SOL on this case but I can't find anything online that says anything in court rules or even case law in when the tolling starts. Thanks
I had a credit card debt with Credit One Bank in 2021. Credit limit $700. Now they want $1200. It went to Midland and then now Mandarich Law Group Debt Collector. The word LAW scares me. I can make a payment arrangement, but i don't trust anyone with my Debit card. What should i do? Should i call them and make payment arrangements.
I have a “collection agency” calling me non stop over a debt they say I owe. However they won’t give me the name of their company, won’t provide me w any information except it’s a Citibank card. They told me they are going to garnish my wages, attach a lien to a car I had 15 years ago. I don’t know how to get them to stop, I’m concerned they will do something shady with claiming to attempt to serve me. What should I do? (I never had a CITIBANK card).. when I tell them I think it’s fraudulent and I want proof, they get defensive and start yelling at me….
A collection company sued me about a debt that was fraudulent. The judge instructed me to make a police report (which was done same day) and postponed our court date. When the court date arrived the collections lawyer did not show up. However, the company continues to call me and refuse to take off my credit report. What can I do.
I had a car repossession in 2017. I make a small monthly payment to the debt collector agency but ny debt how hardly gone down within almost 6 years. I called this week to make my monthly payment and actually found out the debt was given to a different collection agency. How long in Florida until the debt for a car repossession becomes “uncollectable” by debt collectors?
Recently, I found a derogatory mark in Transunion for a collection of a Sprint bill of around 4K from Jefferson Capital out of no where. The last payment was made in start of 2018 and no activities happened after that in that account. I am assuming first they sell this debt to Enhanced recovery and now it shows with Jefferson Capital with a date opened as Last month. What should I do? How do I know if this debt is already passed the statute of Limitation as per texas law (4 years). I am getting sick since yesterday when I saw it if they can sue me and freeze my bank accounts.
I'm in Florida so I couldn't tell you for sure. But every SOL depends on what type of claim the other side is making, so you might want to look up Louisiana SOL information.
I was a Uber driver 10 years ago. I was diagnosed with cancer and had to quit my job. At the time I did a voluntary repossession with my vehicle. Now 10 years later I have a legal firm sueing me for the balance I owed on the car. What can I do!? I still struggle with my cancer and only get $1,328 month. Can you help me
If you're being sued, you need to speak with a lawyer in your state who can help point you in the right direction. If you're in Florida, give us a call.
My account had the last payment made in feb 2019 and I also left the country in 2020. Came back last month and was notified of default judgment. Feel like this is a violation but Im still stuck with this judgment. What can I do? This is new york and statue of limitation is 3 yrs
We're not really sure what you're trying to do, so the best thing we can say is speak with a mortgage broker or loan officer at your local bank or credit union.
Good video. So today I found out a debt collector has been after me but this debt they say it was in 2005 , they are threatening to sue me but when they called me she never told me it is to old to sue me on . And the thing is the debt is from Bank of America , and it doesn’t show on my credit report none of the 3 reports, and in 2014 I was trying to buy a house through Bank of America and they never brought up that I had an outstanding debt . So what do I do ?
I live in Ohio . & the limit on old debt is 6 years. In the state of Ohio Every state is different. Some as high is up to 12 yrs depending on the state. I thought I’d throw that out there
So,I got a call from a debt collector and you named it before it’s called “Midland about owning a debt for a loan for $367 and some cents and they kept on calling me and my parents and yes I did ask them to stop but I got nervous and when I’m nervous I’m not thinking correctly. So I asked them how can I make what arrangements to pay this off knowing this loan was old and that I’m sure I paid it off . So they agreed I made arrangements with them but the midland debt collectors got upset and rude and impatient and now they have told me I defaulted on my agreement and now im being sued and they had already defaulted me and now getting sued for fraud a bank and not paying loan n defaulting on this thing with them . Now what can I do ? I haven’t actually gotten paper but from what I know they said the man already defaulted me so I’m assuming it’s coming soon ( court papers )
I’m having a very difficult time understanding what you’re trying to say, but if they’re calling your parents, that’s probably not something they’re allowed to do. It sounds like you might have made an agreement to settle previously, and maybe you didn’t do everything you were supposed to do under that agreement. If you’re in Florida, please give us a call.
I have a simple question i am living in an European country and soon i have to move to another European country. I have many loans like car loan , phone instalments , klarna etc . In this matter the debt collectors can catch me over that country or I get rid of this debt somehow.
How does a debt collector get your information about your checking account card I was told by the bank if I don't give them my checking account they cannot put a lien on my checking account.
My wife was recently served papers threatening to garnish from credit card debt from 6 1/2 years ago and here in South Dakota statue of limitations is 6 years are they still able to actually garnish .? It has fallen off her credit report 6 months ago so no longer there. Mersey li and Kramer is the company. Now for many years they have sent the same thing and we have just tossed it but would it completely stop if one deny and ask for prof of discovery as well as say the are violating the fdcpa? Wife also has been getting garnished for medical debt so would so company be able to still garnish if already?
Stop. Before you do anything, you should know that garnishment is impossible, unless they already have a judgment. If they’re threatening to garnish, wages, you should first check and see if a judgment exists. If it does, then the statute of limitation is probably irrelevant (it would be in Florida, and I can’t be certain about South Dakota) If a judgment exists, then you need to deal with that and pretty much you’re going to need a lawyer to help you. If no judgment exists, it is likely that the debt collector has broken the law. You have two choices from that point: first, you could safely ignore them, or second, you could sue them, and possibly collect some money for your troubles. Once you do that research, and find out if a judgment exists, we will be happy to help connect you with a lawyer, who can handle claims against this deck collector. Also, can you please double check the spelling of the debt collector? My search isn’t coming up with anything.
My Last payment on all credit card was October 2017 and now we’re October 2023, will that be 6 years or will it be on November the 1st? I leave in Georgia State!
Is there a time limit in ohio for old debt? I have been contacted regarding an online loan supposedly forv $900. Records show a debt started in 2-2017 with what is termed a "write off" or "discharged " date of 9-2017. Now the collection agency is trying to collect $5442. They sent me a copy of a truth in lending form showing a 792% apr, hence the total of $5442. At 6 years 8 months age can they attempt collection? Ohio statute sets at 6 years limitation. How should I respond?
Sounds like they’re running out of time to do anything at all. If they make any kind of threat (lawsuit, reporting to credit) you can probably sue them. Otherwise I’m not sure if you need to worry at all.
I’m getting phone calls threatening to sue me and garnish my wages over a bank account I had 10 years ago. It’s no longer on my credit report. Should I worry?
It might be a scam, but if there’s a judgment against you, garnishment could be a real worry. Do you know if anyone has ever gotten a judgment against you?
Hello 👋🏾 I have a debt that I settled and it still shows on my credit as negative. How would I go about getting it removed from my credit? I have to receipt show settled. Thank you in advance! 😎👍🏾
Settling debt is a BAD idea unless you can negotiate a pay-for-delete. Lots of people don’t know this and do themselves harm because debt collectors trick them out of their money without giving them the one thing they really want, clean credit. Unless the report is inaccurate, you’re probably stuck with it.
I had an auto loan that was involved in a BK they charged off. After dismissal of BK I paid off in settlement. Can they continue to list Charge off monthly after settlement payment on Credit Report?
If there is a situation where there is no estate, the couple has joint assets and the deceased has no assets on there own. You are not responsible for debts you are not a cosigner on
I got a call from a debt collector yesterday threatening me. So called them back no info on who they are but did say about a car that I voluntarily returned to the finance company cause I fell in hard times. Not sure what to do.
I have Navy Federal trying to go after me after 18 years for credit, trying to get judgement for the past debt. Can they go to court? I know in New York the SOL is 3 years from last transaction.
I received a letter from a debt collector for credit card for $3k. I wrote back and asked to verified my debt. (with verified mail) The tracking showed that they received my letter. I have not heard back since 2015. I also checked my credit history; debt appeared on it from 2015, and now its not there anymore. Does that mean I'm off the hook for that debt? Please and thank you.
If they sent you a letter for a debt from 2015 it’s probably well past the time they can do anything about it. You might even be able to sue them if they bother you again.
I recently received a letter from a debt collector. It was for a school bill from 06. I live in Maine, the school was in Florida. Am I still responsible for the debt. The last payment date on the letter was August 30th 2006.
It's not whether you're "responsible" for the debt, it's whether they can enforce it against you. Assuming the original contract was formed in Florida, they almost certainly cannot sue you or report it on your credit. The answer may be different if it was a federally-backed student loan. If the debt collector is in Florida, please give us a call (and mention the Florida connection) to set up an appointment. The debt collector may be breaking the law.
@@RWlawFL thanks for the response. It wasn't a loan. I was paying for the school out of pocket. The debt collector isn't from Florida. Thanks again for your time.
Title IV-D is a private business , there saying I have arrears in support (which I dont) Is that a dept? I wrote them and ask for a copy of a contract. Nothing . Any input on this
I really want to. Thank you Ricardo. I am dealing with a lawsuit from Bank of America and I have never been so stressed out of my life. I got served for $12,000 could I set up an appointment with you? I am in Florida.
I have a Collection on my Credit Report for an Apartment I lived at 5yrs ago in Delaware state. I currently live in Georgia State for 4yrs. The date on Report is after my lease ended. I never missed a Rent payment and it's less than my rent amount. It is Scheduled to fall off in May 2025 Collection Company is in Baltimore Md What should I do?
I just got a phone call saying they need to deliver some very important documents. I called them and they email me a letter saying I have a debt and I need to pay. But my question is I checked my credit report and it doesn't show it. Honestly I don't remember owing that amount, please help thanks so much.
It’s probably a scam call. You can ignore it, or just tell them to send you something in writing. If you get something in the mail, then you get more information you can analyze.
how about it already passed 2 years and now my bank use the right of asset and make some payment in my credit card debt it would restart againTthe status of limitation IT WAS NOT ME WHO MADE THE PAYMENT PLS HELP ME
I was contacted by a debt collector that isn’t the original creditor & I followed your advice in sending the dispute letter from another video you posted & they sent back documents from the college with balances owed. From here what would be my options? Am I stuck paying this debt?
Student loans can be tricky. But no one can force you to pay a debt, any debt, unless they sue you and get a court order taking your money- and sometimes not even then. You can stop the debt collector from contacting you (video coming about that soon), and you can challenge inaccurate, obsolete, or incomplete information on your credit report to get it removed. Also, depending on the size of the debt, violations of law by the debt collector can be a basis for you to wipe out the deck completely. What are your goals, how much is the debt collector demanding, and what state are you in?
@@RWlawFL It is a past due balance $1062 and I disputed from my credit report and it was successfully removed then this collection agency contacted me about the balance they believe I owe the school from 2020. I reside in Nevada.
You have a few options: 1. Ignore them 2. Send a "cease and desist" letter to stop them from contacting you 3. Negotiate a settlement that includes an agreement not to report 4. See if they have violated the law, either the FDCPA or other consumer laws, and use that as a tool to wipe out the debt
It's hard to say because every debt collector behaves differently. Some want money, some refuse to negotiate credit reporting, etc. Research the specific debt collector the best you can to find out how they behave and what others have successfully done with them to accomplish those goals.
What is the Creditor offered U of A and acceptance amount because I found a $700 overcharge and I proved it to him and then they sent me a letter stating that they will settle for $400 what do I do with that much appreciate I haven't contacted him they broke their contract but overcharging me
I got with a law firm that was to negotiate a smaller payment with a card over a time span of three years of me sending them so much a month. I found out by chance that one credit card will likely sue me. The lawyer says the credit card company will want the full amount. I am scared. He says we are going to wait to see if they do. The statute will be over in 3 months. I wish I never went with them but there is no way out. They have 5,000 of my money but said only 2500 is on escrow to pay the card. I don't understand that. Any advice
This may not be a legitimate law firm. Who are they and what state are you in? These kind of “debt settlement companies“ are illegal in some states and violate deceptive and unfair business practice laws in others.
Every state is going to have different laws-I'm only licensed to practice in Florida so I ca't say with authority about Oklahoma law. You might be able to find it online.
Yes credit reporting I’m asking notice the question⬆️ 7 years from account goes into default. Are you referring to default as “Day of First Delinquency?
We're only licensed on Florida, so sadly, we can't give information about Ohio rules. Have you been sued or are you only worried about getting sued in the future?
@@RWlawFL I had moved from Ohio to South Carolina back in 2019 but then ended up having to go back to Ohio for a different job. I did not know I had been summons to appear in court in South Carolina in 2020 until a Sheriff called me. I told the sheriff I moved out of South Carolina months ago and reside in Ohio. Apparently an old debt collector tried to take me to court. First of all I never knew a sheriff would call to find out where somebody is if they are trying to serve them as summon from a deck collector but after I told him I had already moved back to Ohio like five months prior he said OK thank you for that information and I never heard from them ever again.
If they sue you in the wrong state they have violated the FDCPA. You can and probably should sue them. Find a lawyer in your state who handles FDCPA claims and they can help you get it sorted out.
So how can any copany sue for debt when we have the right to discharge oyr debt and lawfully we can't be sued for debt because you can't pay debt with debt?
It depends on your goal. Is it on your credit report? You may be able to negotiate a "pay for delete" agreement. See our "Negotiate Better" video: ua-cam.com/video/z2WERp6k6z8/v-deo.html Are you getting letters and phone calls and want them to stop? You can send a written "cease and desist" letter to the debt collector. And if they don't respect that, you can sue them. Are you afraid you're going to get sued? That might actually work in your favor. See our "Good to Get Sued" video: ua-cam.com/video/lUF0xqaFexk/v-deo.html
The law is worded strangely. It says seven years, but the seven year period starts 180 days after the last payment. In effect, it seven years from the charge off, not the last payment. So you’re technically correct.
Teach me how I could buy something and not have to pay for it. This almost seems ridiculous. If you bought it you have to pay for it. Amen
"Just pay your bills."
That's what otherwise smart people sometimes say.
Here's what they really mean:
Never get sick.
Never get laid off.
Never get in an accident.
Never have an insurance claim denied.
Never get hit by a hurricane, earthquake, or wildfire.
Never have your car stolen.
Never get in legal trouble.
Never help out a family member in need.
Just seal yourself in a little box.
Avoid all risks.
Make sure your score is in the approved range.
Be a good "citizen."
Keep feeding the corporations that own you.
Just pay your bills.
@ricardo Very well said.
Thank you!
Thank you so much for clarifying!
You are so welcome!
Brilliant! Very much appreciated thank you.
You're very welcome!
I'm in Florida and two debt collectors Midland Funding and LVNV have each parked a collection on my credit report showing that I opened an account with each on a debt that belongs to someone with my first and last name that lives in the state of Arizona. I have sent both collection companies certified letters explaining to them that I have never lived in the state of Arizona no response.
Please call our office and set up an appointment with me (Mike). I’ll be available towards the end of this week.
Great video, thanks 👍
You’re welcome!
I was contacted by somebody saying they are an attorney for a bank that I opened a store credit card at 10 years ago. I may never have made a payment at all. If I did it was 8 or 9 years ago. He said something along the lines that if the bank kept the loan in collections that the statue of limitations date didn’t start till a few years ago. This was the first person I’ve ever actually talked to about the debt and I made no agreements with him or anybody else and I haven’t payed anything or talked to anybody about this debt. Since I haven’t made any payments or talked to anybody is there anything that could have made the statue date start later than the first time I missed a payment? I believe what it said was that since the bank didn’t actually put the debt in for collection until 2019 that that is when the statue of limitations started. Is that true?
First of all, don’t take legal advice from lawyers on the other side.
Second of all, don’t spend any time on the phone with these people. Tell them that if they want to communicate with you to please do so by mai. Nothing you say on the phone is going to help you, and it only gives the other side information to use against you.
if you think the dead is too old to collect, you probably need to talk to a lawyer right away who can do an analysis of the limitations issue for you.
Also, if this person on the phone is lying to you about anything, that is probably a violation of federal debt collection, law, and you can sue them. This gives you a lot more leverage to get rid of the debt and maybe even put some money in your pocket.
Great video! Extremely informative. Recently sued by MCM for a debt that was (last paid) in 2019. In MD the statue of limitations is 3yrs & says that making a payment does not restart the 3 yrs. therefore .. do i file a motion to dismiss based on the SOL?
I can’t advise you on matters of Maryland law, because only a Maryland lawyer can do that.
It sounds like you’re on the right track, however.
@@RWlawFL in case you or anyone that might’ve come across that comment is wondering .. went to court yesterday & won. case dismissed. MCM failed to recognize that the SOL had passed! Dismissed with prejudice (as requested in my motion)
That's great. You can probably sue them now for FDCPA violations and put some easy money in your pocket.
@@RWlawFL thanks. was looking into that as my next move. considering i wasn’t time & lost $ to take off to fight them in court
Good luck!
I live in PA and I understand there is a statute of limitations on revolving credit situations of 4 years. However, when I accrued the debt, I was living in a state where the statute of limitations was 8 years. Does this mean this mean as long as I continue to live in PA that this creditor can no longer pursue me?
Because we're only licensed in Florida, we can't tell you how PA law would apply to your case, or how the law of any state besides Florida might apply to your case. We just don't know the answer.
Portfolio recovery is sueing one of our members in Indiana for an unknown debt (not specified at all) so the quantity is also in doubt.
The member hasn't even had a credit card for over 8 years.
Indiana statute of limitations
Credit Card 6 years
Medical 6 years
Student Loan 6 years
Auto Loan 6 years
Personal Loan 6 years
Mortgage 10 years
Judgment 20 years
Thank you for your videos
Glad you like the videos!
Sounds like your member might be the victim of mistaken identity.
Live in FL, was called today, and was told I'm being sued for an overdraft bank account that closed 09/29/2012 . I have never been told I owed it, said I owe $800 out of court, said it would be 8000 in court
That seems pretty shady. Usually if you're getting sued, there's some kind of written notice. This may just be a scam.
Hi, thank you so much fot the valuable information! What do you think about when there is a debt which was over 19 years ago and junk debt buyers...or even legal entities of the original company for that matter...Pop up threatening lawsuit and storming your phone. When you talk to them about the statute of limitations, they proclaim that you signed a tolling agreement with them at the very time you entered the original credit card agreement with them. Is this usually done?
Stop talking to debt collectors on the phone. Watch some of our other videos to learn what you should do instead, like this one:
When debt collectors call, DO THIS in 2024.
ua-cam.com/video/WJ3jNKivu-4/v-deo.html
Thanks for the info
No problem 👍
Thank you so much
No problem!
I just wanted to take the time to thank you for all the information. My wife has a creditor claiming that she owes them money we don't know who they are they said it's for her college loan she owes $4,000 yet they say it's 9,500 recent of validation verification letter and we're waiting for a reply. Again thank you...
Good luck!
What if they file the law suit a day before the 5 years but the court date will he after the 5 years?
If they file the lawsuit before the deadline that's all they need to do. But make sure 5 years is the appropriate deadline.
Also, make sure you know exactly when the five years starts to run.
Either way, I always raise the defense of "statute of limitations" even if I'm not 100% sure it applies. Use it or lose it.
I was sued by a credit card company over a year ago. They have never served me. The court filed that the summons had been returned unserved back in January of 2024. They have yet to dismiss the case or move at all since January. Can I get this dropped for failure to serve, if so how? This is in Orange county FL if that matters.
Since you're in Florida, give us a call today at 352-567-31734. We might be able to help clean this up for you.
Thank you.!!
You're very welcome!
Hmmmmm...
if you have a recently charge-off. Will filing for bankruptcy protect your bank accounts, if you're sued??
Possibly. It depends on your individual situation, and a bankruptcy lawyer would be the best person to ask.
For most of our clients, though, bankruptcy is overkill.
@@RWlawFL otherwise, couldn’t the third-party debt collector sue you, and gain access to the liquid in your bank account?
Only if they win. It’s my job to stop that.
What’s the minimum amount that a collection agency can take you to court to get a judgment? And will the other party be invited to the hearing?
In Florida there is no legal minimum. It’s whatever they feel it’s worth it based on how likely they think it is you’ll pay.
The lowest I’ve seen is a few hundred bucks.
In viewing various websites comments it seems as if some judges have ruled credit card debt as falling under the contract SOL as opposed to the open ended account SOL. Is there some factor that these judges are relying on to view a credit card debt SOL as a written contract and disregarding the open ended account SOL? Love the videos, keep it up!
It depends on the state and how the claim is worded, but each state should have a clear answer for what SOL applies to a particular type of claim.
Here’s a fun one, I visited an ER 7 years ago. I have not heard anything about this visit until today when I checked my credit report and saw I have a collection agency coming after me for $505. The hospital closed down last year and I think they sold off their debt/accounts and for some reason now after all this time a collection agency is trying to get money from me. The odd thing is I have not received any phone calls or letters, it’s just on my credit report. The agency states as of May 2023 my account is past due, is it legal for a collection company to buy my debt and report this as owed after all these year when the original debtor never contacted me? I have zero information except what’s available on my credit report as I’m scared to contact the agency until I know what to do.
In Florida, this debt would be too old to collect. Most other states, too, as far as I can tell.
If you're in Florida, we'd like to have a phone call with you to learn more.
ricardolaw.com/contact/
I was on vacation at beginning of year, amazon defaulted payments to a different card, that bank never called or emailed me to say, hey you are overdrafting, by the time i found out was almost a month later, i asked the bank executive, she actually said this, were not supposed to talk to our customers about their personal stuff, so i closed the account. Recently ive been getting calls from MCM saying to call my lawyer, that i might get qn injunction
That doesn’t sound like any MCM call I’ve ever heard. Are you sure it was them?
I have a collection for an account that I won a class lawsuit on, for the reason that they were charging a different amount every month. I don't know who it was that filed the lawsuit.
If a law firm handled the case for you, court documents will show that.
I went to court but the plaintiff wasn't ready, not going to lie I wasn't ready myself either. So the plaintiff and I agreed to dismiss the case. And they asked for no judgment. I know that they will try again. Can I use the dismissal to ask the court to dismiss it all together and also since the 4 years has passed from the bank statement that they have shown as evidence, can I say that this debt has passed the statue of limitation in CA
I don't know what CA's time limit is for suing on debt but you're thinking in the right direction.
I am in Fl and have an LVNV collection that changed the date of 1st late payment by 2 years. Filed dispute w/CFPB & all 3 bureaus. Comes back validated & “compliant” on my reports. Should I file a lawsuit at this stage before they do?
Call us as soon as you can: ricardolaw.com/contact/
This is my case. I had 19k from a credit card from 2009 from my divorce. In that same year 2009 I was indicted in federal court, and sentenced to 8 years in federal prison for a totally different case. So today I got served with a lawsuit from a collection agency saying that I have to go to court. I ask 2 another lawyers and they think that I have a judgment against me. My question is, can the collection agency sue me for a debt after 14 years, and if I do have a judgement against me , how did they get a judgment if I was locked up in prison for 8 years. Thank you
No way to tell how they got the judgment, because every state is different.
If they didn’t get a judgment, I’m not aware of any state that will let them pursue you after 14 years.
I had a car repossessed in 2015. In 2019 I was served and responded immediately. Nothing further happened. Now in 2022, I got served again. Saying the lawyer is requesting court in 21 days and they are requesting a judgement. Here in Texas the limitation is also 4 years. Because they never followed through originally, is this new lawsuit valid?
That’s definitely a question it would be unique to Texas law, and you should absolutely speak to a Texas lawyer about that.
We recommend Bill Clanton for debt collection if she’s in Texas. You can find information about him on the channel.
How much time do I have in Texas
We did a video with Texas lawyer, Bill Clanton, and I think he answered that question in the interview.
Because we’re Florida lawyers, we don’t know the laws in other states, and can’t answer questions about other states like that.
If a civil debt case was filed in 2020 then dismissed without prejudice in 2021 how long do they have to refile and does statue of limitations still begin at date of delinquency or date case was dismissed
In Florida it would be no more than five years from the date of the missed payment they’re suing for.
What if debt was made in California with a four year statute that has passed but now living in oklahoma where it is 5 years and midland filed a lawsuit. Thank you in advance for any insite.
That’s going to depend on Oklahoma law, the contracts that created the debt, and possibly even California law.
Unfortunately, I’m only licensed in Florida, so I can’t give you a useful answer on that. But now at least you know where to look.
I live in Colorado but the debt originated in Utah. I have a debt with old bank for repo car and credit card from Sep 2016 are these debts time barred?
The answer depends on the state law in Colorado, the state line, Utah, and the specific details of your contract with the lender. This Florida lawyer can’t possibly answer that question because I have no idea about any of those items.
So to be clear, if there is an actual judgement with garnishment, there is nothing else that can be done? I’m dealing with LVNV now. We went to court in 2018; judge set the case aside without prejudice if I remember correctly. Heard nothing until recently when a garnishment showed up in my paycheck. I want to fight! How do I fight?!
If there's a judgment, it's much harder because you've already "lost." But check out this video-even though it mentions LVNV you can use these ideas for all post-judgment collections: ua-cam.com/video/3mA-wqO-ZhY/v-deo.html
I have court action against me in California. Original debt was about $1100. way back in 2009. The original debtee added fees and late charges to bring it to around $2000. The debt got sold and exchanged hands to a Recovery Service. It is in the hands of a law office and they filed a lawsuit in 2013. Judgement was for MORE than $2200. Now, they are filing for a renewal to extend the 2013 judgement. My biggest gripe is the AMOUNT! It doubled! Can they do that? There is now way they can prove I ever owed that amount, EVER! I have 50 days to motion against the renewal. What should I do?
If you have a judgment against you, you’ve already lost in most states. I don’t know if that’s still true in California, but it probably is.
@@RWlawFL Will a motion against the renewal mean anything? Or do anything?
Only a California lawyer could give you a meaningful answer to that question.
Give Mike Cardoza a call: www.cardozalawcorp.com/
You can also try Jay Rahimi: www.jrahimilaw.com/
If I didn’t show up to court and LVNV funding got a judgement, how do I get that cleared up.
Check out this post we wrote: ua-cam.com/channels/cd-Vm_H-CX6sVcOQMBehgQ.htmlcommunity?lb=Ugkx7RnV1rmhA9taQXnMQaEiR57pHgdPjQAJ
Hey Ricardo, I have a unique case I can’t find an answer to. I had lawsuit papers posted on my door today from a car debt 5 years 11 months and 2 weeks ago. In Michigan where I’m from the statute of limitations is 6 years. Can I wait this case out 2 more weeks and claim that the statute of limitations ran out to get the case dismissed? Or do the debt collectors have a case since they filed before the 6 year mark? The expiration date for the case on the paper is 4/6/23. Thanks and great video!
In Florida, the SOL only applies to the day they file the case and you wouldn't be able to "wait it out." I don't know Michigan law, but I doubt that's different.
We're glad you're enjoying the videos!
I can't say how Michigan law would treat this, but in Florida, the statute of limitations starts at the time you miss the first payment, and would restart if you ever make another payment. Each state has different laws on what might extend the SOL so check with a lawyer near you.
Thank you for doing this video.
How do I find out for Indiana? I have been looking for days. I know the SOL is 6 years and I need info for a store credit by a debt buyer. What I need to find when the SOL starts tolling. I'm trying to help my son. His credit report shows he went into default in December 2017. He paid a partial payment on January 7, 2018. The debt buyer sued him in Dec 6, 2023. So I'm trying to find out the age of the SOL on this case but I can't find anything online that says anything in court rules or even case law in when the tolling starts.
Thanks
I think Hyslip Legal covers Indiana. Try calling them: hysliplegal.com/
I had a credit card debt with Credit One Bank in 2021. Credit limit $700. Now they want $1200. It went to Midland and then now Mandarich Law Group Debt Collector. The word LAW scares me. I can make a payment arrangement, but i don't trust anyone with my Debit card.
What should i do? Should i call them and make payment arrangements.
> don't trust anyone with my Debit card.
Good. Don't.
Watch our Debt Collection Battle Plan video.
I have a “collection agency” calling me non stop over a debt they say I owe. However they won’t give me the name of their company, won’t provide me w any information except it’s a Citibank card. They told me they are going to garnish my wages, attach a lien to a car I had 15 years ago. I don’t know how to get them to stop, I’m concerned they will do something shady with claiming to attempt to serve me. What should I do? (I never had a CITIBANK card).. when I tell them I think it’s fraudulent and I want proof, they get defensive and start yelling at me….
Stop talking to them on the phone except to tell them they can only communicate with you in writing.
On the phone, you're at a huge disadvantage.
A collection company sued me about a debt that was fraudulent. The judge instructed me to make a police report (which was done same day) and postponed our court date. When the court date arrived the collections lawyer did not show up. However, the company continues to call me and refuse to take off my credit report. What can I do.
If the account is fraudulent and the debt collector knows that I would strongly consider a lawsuit.
If thats the case would've that be under civil and there is no statue of limitations, correct or incòrrect
In Florida, all civil cases have a statute of limitations. I don’t know of any state that does it differently.
I live in NY, how long after they respond to your verification request do they have to sue you?
They can't "collect" until they send you validation. In NY, call NY lawyer Subhan Tariq: 718-674-1245 Let him know I sent you.
I had a car repossession in 2017. I make a small monthly payment to the debt collector agency but ny debt how hardly gone down within almost 6 years. I called this week to make my monthly payment and actually found out the debt was given to a different collection agency. How long in Florida until the debt for a car repossession becomes “uncollectable” by debt collectors?
Every time you make a payment, you start the clock over again.
It's generally five years from the last payment.
Recently, I found a derogatory mark in Transunion for a collection of a Sprint bill of around 4K from Jefferson Capital out of no where. The last payment was made in start of 2018 and no activities happened after that in that account. I am assuming first they sell this debt to Enhanced recovery and now it shows with Jefferson Capital with a date opened as Last month.
What should I do? How do I know if this debt is already passed the statute of Limitation as per texas law (4 years). I am getting sick since yesterday when I saw it if they can sue me and freeze my bank accounts.
Every state has a different statute of limitations. In Florida, it's up to five years.
I live in Louisiana. What are limitations in 😢my state?
I'm in Florida so I couldn't tell you for sure. But every SOL depends on what type of claim the other side is making, so you might want to look up Louisiana SOL information.
I was a Uber driver 10 years ago. I was diagnosed with cancer and had to quit my job. At the time I did a voluntary repossession with my vehicle. Now 10 years later I have a legal firm sueing me for the balance I owed on the car. What can I do!? I still struggle with my cancer and only get $1,328 month. Can you help me
If you're being sued, you need to speak with a lawyer in your state who can help point you in the right direction. If you're in Florida, give us a call.
I believe credit bureaus no longer report civil judgments or tax liens.
They are currently not reporting those. We don’t know how long that voluntary policy will last.
My account had the last payment made in feb 2019 and I also left the country in 2020. Came back last month and was notified of default judgment. Feel like this is a violation but Im still stuck with this judgment. What can I do? This is new york and statue of limitation is 3 yrs
How did they serve you? Seems fishy.
Call NY lawyer Subhan Tariq: 718-674-1245 Let him know I sent you.
Hi again. Can anyone get a loan using someone else's line of credit or the equity they have on property?
We're not really sure what you're trying to do, so the best thing we can say is speak with a mortgage broker or loan officer at your local bank or credit union.
Good video. So today I found out a debt collector has been after me but this debt they say it was in 2005 , they are threatening to sue me but when they called me she never told me it is to old to sue me on . And the thing is the debt is from Bank of America , and it doesn’t show on my credit report none of the 3 reports, and in 2014 I was trying to buy a house through Bank of America and they never brought up that I had an outstanding debt . So what do I do ?
Sounds like it’s water under the bridge.
If the debt collector keeps bothering you, a cease and desist letter should do the trick.
I live in Ohio . & the limit on old debt is 6 years. In the state of Ohio Every state is different. Some as high is up to 12 yrs depending on the state. I thought I’d throw that out there
Every state is different, absolutely.
my husband died one of his creit card had company put a notice on my house account. I refincenced my home. in my name.
Every state is going to treat that differently. If you had a lawyer help out with the estate, they might be able to give you some guidance.
So,I got a call from a debt collector and you named it before it’s called “Midland about owning a debt for a loan for $367 and some cents and they kept on calling me and my parents and yes I did ask them to stop but I got nervous and when I’m nervous I’m not thinking correctly. So I asked them how can I make what arrangements to pay this off knowing this loan was old and that I’m sure I paid it off . So they agreed I made arrangements with them but the midland debt collectors got upset and rude and impatient and now they have told me I defaulted on my agreement and now im being sued and they had already defaulted me and now getting sued for fraud a bank and not paying loan n defaulting on this thing with them . Now what can I do ? I haven’t actually gotten paper but from what I know they said the man already defaulted me so I’m assuming it’s coming soon ( court papers )
I’m having a very difficult time understanding what you’re trying to say, but if they’re calling your parents, that’s probably not something they’re allowed to do.
It sounds like you might have made an agreement to settle previously, and maybe you didn’t do everything you were supposed to do under that agreement.
If you’re in Florida, please give us a call.
I have a simple question i am living in an European country and soon i have to move to another European country. I have many loans like car loan , phone instalments , klarna etc . In this matter the debt collectors can catch me over that country or I get rid of this debt somehow.
Debt collectors in the US will find it difficult to track down someone living in Europe.
How does a debt collector get your information about your checking account card I was told by the bank if I don't give them my checking account they cannot put a lien on my checking account.
It's easy for debt collectors to get this information from data brokers. But I wouldn't give it to them voluntarily. Make them dig for it.
Need lawyer in Wyoming. Huge lawsuits to file and civil courts limits are way too low
We don't yet have any contacts in Wyoming. Check for lawyers around you who handle "FDCPA" cases.
My wife was recently served papers threatening to garnish from credit card debt from 6 1/2 years ago and here in South Dakota statue of limitations is 6 years are they still able to actually garnish .? It has fallen off her credit report 6 months ago so no longer there. Mersey li and Kramer is the company. Now for many years they have sent the same thing and we have just tossed it but would it completely stop if one deny and ask for prof of discovery as well as say the are violating the fdcpa? Wife also has been getting garnished for medical debt so would so company be able to still garnish if already?
Stop. Before you do anything, you should know that garnishment is impossible, unless they already have a judgment.
If they’re threatening to garnish, wages, you should first check and see if a judgment exists. If it does, then the statute of limitation is probably irrelevant (it would be in Florida, and I can’t be certain about South Dakota)
If a judgment exists, then you need to deal with that and pretty much you’re going to need a lawyer to help you.
If no judgment exists, it is likely that the debt collector has broken the law. You have two choices from that point: first, you could safely ignore them, or second, you could sue them, and possibly collect some money for your troubles.
Once you do that research, and find out if a judgment exists, we will be happy to help connect you with a lawyer, who can handle claims against this deck collector.
Also, can you please double check the spelling of the debt collector? My search isn’t coming up with anything.
My Last payment on all credit card was October 2017 and now we’re October 2023, will that be 6 years or will it be on November the 1st? I leave in Georgia State!
Usually it runs from the date of the next payment that you did NOT make, so probably Nov. 1.
Is there a time limit in ohio for old debt? I have been contacted regarding an online loan supposedly forv $900. Records show a debt started in 2-2017 with what is termed a "write off" or "discharged " date of 9-2017. Now the collection agency is trying to collect $5442. They sent me a copy of a truth in lending form showing a 792% apr, hence the total of $5442. At 6 years 8 months age can they attempt collection? Ohio statute sets at 6 years limitation. How should I respond?
Sounds like they’re running out of time to do anything at all. If they make any kind of threat (lawsuit, reporting to credit) you can probably sue them.
Otherwise I’m not sure if you need to worry at all.
I’m getting phone calls threatening to sue me and garnish my wages over a bank account I had 10 years ago. It’s no longer on my credit report. Should I worry?
It might be a scam, but if there’s a judgment against you, garnishment could be a real worry.
Do you know if anyone has ever gotten a judgment against you?
@@RWlawFL I haven’t gotten anything in the mail or anything served to me saying so.
You need to check the court file to see if you were served in some other way.
Hello 👋🏾
I have a debt that I settled and it still shows on my credit as negative. How would I go about getting it removed from my credit? I have to receipt show settled. Thank you in advance! 😎👍🏾
Settling debt is a BAD idea unless you can negotiate a pay-for-delete.
Lots of people don’t know this and do themselves harm because debt collectors trick them out of their money without giving them the one thing they really want, clean credit.
Unless the report is inaccurate, you’re probably stuck with it.
I had an auto loan that was involved in a BK they charged off. After dismissal of BK I paid off in settlement. Can they continue to list Charge off monthly after settlement payment on Credit Report?
Have you spoken to your bankruptcy lawyer about this?
Looking for knowledgeable help. Had a phone call trying to be sued for old debt from 2009.
If you’re in Florida, we can help you.
If there is a situation where there is no estate, the couple has joint assets and the deceased has no assets on there own. You are not responsible for debts you are not a cosigner on
That depends on your state and the specific facts of your situation, but generally, yes.
I got a call from a debt collector yesterday threatening me. So called them back no info on who they are but did say about a car that I voluntarily returned to the finance company cause I fell in hard times. Not sure what to do.
Watch this video about phone calls: ua-cam.com/video/z_DqQhfQpEE/v-deo.html
I have Navy Federal trying to go after me after 18 years for credit, trying to get judgement for the past debt. Can they go to court? I know in New York the SOL is 3 years from last transaction.
I'm not sure, but it sounds like you might have answered your own question.
@@RWlawFL so the threatening phone calls are bullshit? Unless they somehow got the clock tolled.
That's what it sounds like.
I received a letter from a debt collector for credit card for $3k. I wrote back and asked to verified my debt. (with verified mail) The tracking showed that they received my letter. I have not heard back since 2015. I also checked my credit history; debt appeared on it from 2015, and now its not there anymore. Does that mean I'm off the hook for that debt? Please and thank you.
If they sent you a letter for a debt from 2015 it’s probably well past the time they can do anything about it.
You might even be able to sue them if they bother you again.
@@RWlawFL Thank you for your response.
You're welcome!
I recently received a letter from a debt collector. It was for a school bill from 06. I live in Maine, the school was in Florida. Am I still responsible for the debt. The last payment date on the letter was August 30th 2006.
It's not whether you're "responsible" for the debt, it's whether they can enforce it against you. Assuming the original contract was formed in Florida, they almost certainly cannot sue you or report it on your credit. The answer may be different if it was a federally-backed student loan.
If the debt collector is in Florida, please give us a call (and mention the Florida connection) to set up an appointment. The debt collector may be breaking the law.
@@RWlawFL thanks for the response. It wasn't a loan. I was paying for the school out of pocket. The debt collector isn't from Florida. Thanks again for your time.
In Florida, this would be uncollectible. Not sure about Maine.
Title IV-D is a private business , there saying I have arrears in support (which I dont) Is that a dept? I wrote them and ask for a copy of a contract. Nothing . Any input on this
Child support has a different set of rules. You need to speak with a family law attorney in your state.
I really want to. Thank you Ricardo. I am dealing with a lawsuit from Bank of America and I have never been so stressed out of my life. I got served for $12,000 could I set up an appointment with you? I am in Florida.
Contact us now: ricardolaw.com/contact/
I have a Collection on my Credit Report for an Apartment I lived at 5yrs ago in Delaware state. I currently live in Georgia State for 4yrs.
The date on Report is after my lease ended. I never missed a Rent payment and it's less than my rent amount.
It is Scheduled to fall off in May 2025
Collection Company is in Baltimore Md
What should I do?
Check out our Debt Collection Battle Plan video.
@@RWlawFL Thank you. I am watching it now.
Great!
can a collector sue you after the staue of limitations if they get the debt from another debt collector
Not in Florida, unless you waive (give up) the SOL defense.
I just got a phone call saying they need to deliver some very important documents. I called them and they email me a letter saying I have a debt and I need to pay. But my question is I checked my credit report and it doesn't show it. Honestly I don't remember owing that amount, please help thanks so much.
It’s probably a scam call. You can ignore it, or just tell them to send you something in writing.
If you get something in the mail, then you get more information you can analyze.
how about it already passed 2 years and now my bank use the right of asset and make some payment in my credit card debt it would restart againTthe status of limitation IT WAS NOT ME WHO MADE THE PAYMENT PLS HELP ME
That sounds like an unfair collection practice, that you can sue them for. What state are you in?
Pls I need information just to confirm
What information do you need?
I was contacted by a debt collector that isn’t the original creditor & I followed your advice in sending the dispute letter from another video you posted & they sent back documents from the college with balances owed. From here what would be my options? Am I stuck paying this debt?
Student loans can be tricky. But no one can force you to pay a debt, any debt, unless they sue you and get a court order taking your money- and sometimes not even then.
You can stop the debt collector from contacting you (video coming about that soon), and you can challenge inaccurate, obsolete, or incomplete information on your credit report to get it removed.
Also, depending on the size of the debt, violations of law by the debt collector can be a basis for you to wipe out the deck completely.
What are your goals, how much is the debt collector demanding, and what state are you in?
@@RWlawFL It is a past due balance $1062 and I disputed from my credit report and it was successfully removed then this collection agency contacted me about the balance they believe I owe the school from 2020. I reside in Nevada.
You have a few options:
1. Ignore them
2. Send a "cease and desist" letter to stop them from contacting you
3. Negotiate a settlement that includes an agreement not to report
4. See if they have violated the law, either the FDCPA or other consumer laws, and use that as a tool to wipe out the debt
@@RWlawFL thank you for this information, I don’t want it back in my credit report which do you think would be the best option?
It's hard to say because every debt collector behaves differently.
Some want money, some refuse to negotiate credit reporting, etc.
Research the specific debt collector the best you can to find out how they behave and what others have successfully done with them to accomplish those goals.
What is the Creditor offered U of A and acceptance amount because I found a $700 overcharge and I proved it to him and then they sent me a letter stating that they will settle for $400 what do I do with that much appreciate I haven't contacted him they broke their contract but overcharging me
I'm pretty sure I don't understand this question.
I got with a law firm that was to negotiate a smaller payment with a card over a time span of three years of me sending them so much a month. I found out by chance that one credit card will likely sue me. The lawyer says the credit card company will want the full amount. I am scared. He says we are going to wait to see if they do. The statute will be over in 3 months. I wish I never went with them but there is no way out. They have 5,000 of my money but said only 2500 is on escrow to pay the card. I don't understand that. Any advice
This may not be a legitimate law firm. Who are they and what state are you in?
These kind of “debt settlement companies“ are illegal in some states and violate deceptive and unfair business practice laws in others.
WHAT IS THE STATUTE OF LIMITATIONS IN OKLAHOMA
Every state is going to have different laws-I'm only licensed to practice in Florida so I ca't say with authority about Oklahoma law. You might be able to find it online.
is there a covid toll resulting in more time for debt collectors to file?
I am not aware of one. There is not one in Florida.
@@RWlawFL my understanding it was Federal... probably/hopefully wrong... i am in CA could be state. thanks
There was a federal hold on mortgage foreclosures for a short while.
7 years from the date of first delinquency?
That’s for credit reporting, not lawsuits.
Yes credit reporting I’m asking notice the question⬆️
7 years from account goes into default.
Are you referring to default as “Day of First Delinquency?
Yes.
Mcm is still calling my friend to find me it's been over 7 years
Sounds like your friend might be able to sue them.
Can you share about Ohio rules, please?
We're only licensed on Florida, so sadly, we can't give information about Ohio rules.
Have you been sued or are you only worried about getting sued in the future?
@@RWlawFL I had moved from Ohio to South Carolina back in 2019 but then ended up having to go back to Ohio for a different job. I did not know I had been summons to appear in court in South Carolina in 2020 until a Sheriff called me. I told the sheriff I moved out of South Carolina months ago and reside in Ohio. Apparently an old debt collector tried to take me to court. First of all I never knew a sheriff would call to find out where somebody is if they are trying to serve them as summon from a deck collector but after I told him I had already moved back to Ohio like five months prior he said OK thank you for that information and I never heard from them ever again.
The debt was originally in Ohio so why would somebody in South Carolina want to take me to court for debt that was based in Ohio?
If they sue you in the wrong state they have violated the FDCPA.
You can and probably should sue them.
Find a lawyer in your state who handles FDCPA claims and they can help you get it sorted out.
So how can any copany sue for debt when we have the right to discharge oyr debt and lawfully we can't be sued for debt because you can't pay debt with debt?
I don't understand the question. Can you give it another shot?
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📞 On your phone? If you're in Florida, click to call: ricardolaw.com/call/
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How to get rid of portfolio recovery after 5 years on my credit report
Check out our recent video on removing collections from credit reports.
I have a few charge offs Should I paid them off?
It depends on your goal.
Is it on your credit report? You may be able to negotiate a "pay for delete" agreement. See our "Negotiate Better" video: ua-cam.com/video/z2WERp6k6z8/v-deo.html
Are you getting letters and phone calls and want them to stop? You can send a written "cease and desist" letter to the debt collector. And if they don't respect that, you can sue them.
Are you afraid you're going to get sued? That might actually work in your favor. See our "Good to Get Sued" video: ua-cam.com/video/lUF0xqaFexk/v-deo.html
Credit card debt in ohio
Ohio might be six years but I'm no totally sure.
I thought it was 7 years and 180 days, but whos counting?
The law is worded strangely. It says seven years, but the seven year period starts 180 days after the last payment. In effect, it seven years from the charge off, not the last payment. So you’re technically correct.
I’m being harassed by resurgent over a thirty dedt.
We sue Resurgent and LVNV on a regular basis, for breaking the law (FDCPA)