I've watched 4 different videos today on similar topics of conversation, just trying to gauge the level of competence of the folks giving advice on in this genre, and this guy is the first person I have found that isn't volunteering terrible advice. He was spot on from beginning to end. The other 3 I watched was a mixed bag, that at some point delivered frightenedly incorrect, and potentially harmful advice. Well done sir.
@@RWlawFL Thank you Sir , I am trying to not be in any debt that I can not pay . I JUST DON'T WANT TO DIE BEFORE MY WIFE AND LEAVE HER IN A BAD SISTUATION WITH WHAT SHE WILL TRY TO LIVE ON THANKS 😊
My bank fumbled the ball during the covid and didn't get a loan through and messed up my credit. I'm grateful for your video and I will be in touch. I was forced to crashed my credit to pay my mortgage. Fortunately I'm a senior and they can't in garnish my wages because I don't have that much.
This is an interesting topic. I've in the credit/fiat war. I've been dealing with all kinds of issues throughout the years. Credit cards, personal loans even home foreclosure. I've researched all kinds of topics over the years. Everything from these third party companies who buy the debt from the original creditor filing for BK, income garnish ect... It's interesting how the original creditors mostly do the the right thing and these third parties do not. There are a few unfair practices in my opinion that seem to be allowed.
> There are a few unfair practices in my opinion that seem to be allowed. Third parties usually qualify as "debt collectors" and federal law bans any unfair practices by them, so if there's something that bothers you, get it checked out.
IIRC you are not legally obligated to pay the 3rd parties. You can go back to the original creditor and if they refuse to accept payment, that can in some cases invalidate the debt. Talk to a lawyer of course.
As a lawyer, I can tell you this can't work if the original creditor has sold the debt. This is why you need to know who the current creditor is. Also, if you do have a refusal like this, you still have to know how to use it. Just writing letters isn't enough.
In Idaho they only have 5 years to report a debt for collection. I literally just had a collection reported on my credit reports. They re-aged the debt and are saying it was actually last month. IF, this was a legit debt it had to have been over 6 years ago. They are NOT the original creditor and neither the original creditor or these guys have contacted me in any way! It literally just showed up on my reports!
I actually did this out of common sense. Some debt collector started calling and mailing me out of the blue demanding money. I responded that I had no idea what this debt was or for who and demanded proof of it. And yep; they sent me essentially a useless sheet of paper with my name and a dollar amount - but still no mention of the original lender or whoever. I immediately pointed out that a ledger entry with my name proved nothing and that without knowing who I actually owed money to, I was not paying. I did, in fact; sent these letters certified and all, but this last time, I had my pre-paid lawyer write the final letter. In any case, they left me alone after that. Never did find out who I was supposed to owe - I had paid off my vehicle a few years earlier and had been debt-free for years at that time.
If a debt collector violated the FDCPA, you don't need a dime to have a lawyer file suit for you. Many lawyers will do that for no up-front costs to you if you have a good case.
I have a bill collector telling my brother on disability that he is defrauding them. He tried to work on the ticket to work program then got sick. Now this debt collector stated that they can make trouble for him by telling social security that he is supposedly working when he is not or other bad things. I am really pissed off he is so worried and afraid. I told him not to worry
I think this debt collector is breaking the law by: 1. Lying to your brother 2. Threatening to disclose information about the debt to third parties 3. Abusing by brother by accusing him of fraud 4. Threading to lie to the SSA to get leverage No legitimate debt collector would do this and I wonder if this isn't actually a scam artist trying to collect money from vulnerable people. I'd definitely look into suing this debt collector and possibly even reporting them to the police. By the way, NEVER talk to a debt collector on the phone. See my recent video on debt collector calls.
I have a debt collection on my credit report for a Towing company(Fast Towing) in Nevada where I used to live; the accident occurred 06/2016. The car towed and was eventually "crushed" and sold, but I was apparently being charged "storage" fees. The Debt was sold to various collection agencies; I fought the collection and it was removed from the credit reports in 2020 but now it's back on my credit report under yet another collection company. The original debt is almost 7 years old now - but keeps showing up under new collections companies as it keeps being sold. How can I get this removed once and for all?????
> almost 7 years old now Once it's past the seven year mark, it should come off for good. If not, you can dispute it and even sue the bureaus if they refuse to remove it.
get rid of this practice of credit card being sold to oter agencys if tjey contiue herassing u sue them and all other angenis who have there fingers in it to make money and shut them down this crap has to be stop /// how do we shut them down forgood this is for everyboudy do not charge any thing u do not have money do not get it until u have money third pary crap has to stop them now this could go on forever it is not stoped now by a law they can not do tihis suethe toothand nail all of them put them out of busness now
In 2015 our bank account was frozen by a debt collection attorney who,of course,exceeded the statute of limitations. We had no choice,we had to pay an amount less than the actual debt. I'm shocked that they were able to get away with this sham!
If the debt is beyond the SOL, they didn't have to pay-they could have fought, sued the debt collector, won a judgment, and walked away with money in pocket. Instead, they chose to "settle."
I work in Data Governance the issue I have with debt collectors calling is that they ask for your SSN and I do not give up my SSN for anyone. Also, I have never received anything via postal mail, they are just trying to verify if I'm the person they are pursuing is the correct person. I worked side-by side with a lady who had the same name as myself and I've look up my name and notice how of my names came up on phone directory so they may not have the correct person.
You encouraged me to fight the debt collection lawsuit with PRA. I sent a debt validation letter and the junk debt buyer continue to send me some documents but not what I asked for.
They tried that on me too! I demanded proof of debt and they sent me different documents for a completely unrelated different company I had never done business with . I mailed them and pointed out that they were aiding and abetting the fraud being perpetrated by the company that sold a false debt to them. I never heard a word after that. Fortunately that is well out of statute now. Not only that, it contained medical information which is a Hipaa violation and actionable. If they had tried again I would have filed a Hipaa suit.
Hello thank you for this video. I’m located in CA. I have debt that went into collections. I got into a program to help lower the debt. The program was able to get it lowered in half of what I owe. I then realized that I would be paying almost $5000 in fees for being in that program so I got out of it. I called the collectors to see if I could settle with them directly and told them I have this amount and they said no they won’t settle. I told them I would call back when I had the money. Never called back because I don’t have the money. Few months later I got a call and told them the same thing and they called again and then never heard from them again. It’s been months and today I get a letter from a law firm that represents the debt collector. The amount they show is the original amount of what I owe not the amount they said they would settle for. I’m not sure if I should respond with “this is not the amount.” Thank you
thank you you are very helpful with the information : PS I have a debt collector calling me on my phone and leaving messages but I do not recall ever getting a letter from them ,they tell me the name of their company and they are trying to collect a debt ,how do I proceed
1. What state are you in? 2. Who is the debt collector? 3. You can ask them to send you a copy of their "1692g" letter. Once you receive it, your 30 days starts from there.
Can you? Sure. Should you? Maybe not. How many years? Is the debt legitimate? Have they tried to sue you? Have they sent letters, email, text message, or made phone calls? Lots of variables here.
@@RWlawFL So, in reference to the last comment, should you go ahead and ask for a verification letter from the 3rd party? Do they fall under the “hippa” (don’t remember correct abbreviation)? I don’t owe them my medical bill
Very helpful info and thank you for sharing. Question: I have a debit that was sold to a debit collector and the original debt is no longer on my credit reports. I received a letter with payment options but not to verify the debt and now I'm receiving calls asking for a call back. Can this be disputed with the CRA or should I send a debt validation letter first?
Unfortunately, this is a myth spread by "credit repair" people who are selling courses based on a misreading (or worse, a deliberate misrepresentation) of the law. No "blue wet ink" signature requirement exists, and for most types of modern contracts, no blue wet ink signature ever existed. The courts will still enforce those contracts. If you walk into court demanding a blue ink signature, you're probably going to have a very bad day.
Thank you for this important information. May I ask if a debt validation letter effective if the collection agency never called you or sent letters but just added it to your credit report? What if I decide to challenge the medical bills on my report if it's been sitting there for a few years? Will the collection agencies ignore my debt validation letter if they see that I have waited years to ask them to validate a debt? I'm just learning about this so is it too late to challenge at this point.
No. A debt validation letter is the wrong tool for the job. You can send a dispute letter to the credit bureau, (not the original creditor or the debt collector) for any account on your credit report that is inaccurate, obsolete, or incomplete. They have a duty to make a "reasonable investigation" and correct inaccurate information, and to remove information that is obsolete or cannot be verified. If they fail to make this investigation, or fail to correct or remove information that's not accurate, complete, and timely, you can sue them for any damages suffered because of that failure.
I’m sorry that none of this applies to Canada, because it’s all US law. I hope some of the ideas and principles may still help you out. Are you able to find Canadian lawyers who specialize in this area?
I just signed up with a debt Validation company. I have never heard of this before, and I wasn't completely sold on it. I have been doing my research, and this video was extremely helpful. Thank you!
Thanks for sharing . Helpful information . Question: I have a debt that was sold to 3rd party . I have disputed the debt several times for inaccuracy and validation . However they did the minimum just like you said they would do. I have no plans on paying this debt because it’s not accurate and I never authorized the credit application . The 3rd party creditor keeps reporting a different amount granted it’s not a big difference however it appears that each times the acct changes ; it affects my credit score . Lastly the 3rd part creditor keeps doing a soft pull on my credit report. ( not sure why ) Is this legal ? Thank you so much
> it’s not accurate and I never authorized the credit application If you have evidence of this, and you've disputed it with the CRAs to no results, then your next step is to file a lawsuit under the FCRA. (15 USC §1681i) > it appears that each times the acct changes How does it change? > keeps doing a soft pull on my credit report. Yes this is legal, and doesn't affect your credit. A creditor can pull your report to get information about you. For example, if they see you paying down debt they might guess you've got money to pay them and ramp up their collection efforts.
> Pro Bono Lawyer Hoa, Probate issues, Real Estate, Domestic matter. That's going to be hard to find. If you have a house, probate, and real estate matters you probably are "too rich" for any pro bono lawyers. Maybe Colorado has different rules.
Sir, I have a dispute from t mobile concerning a bill that was handed over to conversion collection agency. I told t mobile in advanced I wanted cancelled contract after their 3 months contract. Now I have a bill that I shouldn't owe a dime to. How to respond to the debt collector? How to dispute it in the letter? Thank You
Very helpful information thank you so much. My question is does the debt collector has to send me any kind of notice before suing me? If the don't would that make the lawsuit unlawful?
Federal law does not require this. They only have to send a notice within five days of any "initial communication" and the lawsuit isn't a "communication" for that purpose. See 15 USC § 1692g (e)
Thank you for making a UA-cam video about this. I’ve been receiving letters from a debt collector since April 2021 about a car loan. When they sent the original letter, I was out of the country. When I got back to the U.S., I didn’t get those letters until June, as they were sending the letters to my sister’s house. It’s the end of September 2021 now, which means the 30-day window for me to respond and dispute the debt has passed. Because of my unique situation, do you think I should ask the debt collector for a verification letter? Also, the last time I made a payment on this account was in December 2015. On my Equifax credit report, it shows that the account was 30-day past due in March 2016, and 60-day past due in April 2016. The account was marked Charged Off in September 2017 (1 year and 4 months later). My question is as follows: When does the Statute Of Limitation start to accrue in the state of Florida? Is it when you’re 30 days late on a payment, or when the account is Charged Off?
Regarding the SOL issue, we've got a whole video on that, so check it out! ua-cam.com/video/TeK09B6IVBo/v-deo.html Regarding the credit report, if the last payment was in December, then the DOFD (date of first delinquency) would be probably sometime in February (your missed January payment would be 30 days overdue by then). This means: 1) that the account should fall off your report around February of 2023 (seven years) and 2) the Equifax report may be wrong. If you're certain about the date of last payment, you can send a dispute letter to Equifax telling them that the March 2016 30-day mark is wrong-it should be 60 days, and the date of delinquency should be February 2016. They should either correct the report, or if you're lucky, delete it entirely. Regarding the validation letter, the 30-day period starts when you RECEIVE the letter (15 USC 1692g (a)(3) ) so if you got them in June, your 30 days has run out and they don't have to respond to you.
@@RWlawFL Thank you so much for your prompt reply. Before I ask for the verification letter, there is one thing I forgot to mention... In some of the letters that the debt collector has been sending me, they mention the following sentence: "Due to the age of your account, the above creditor is not able to file suit against you, but if you take a certain specific action such as making a payment or making a written promise to pay, the time for filing a suit may be reset." Based on this statement, it sounds like the statute of limitations has expired. Do you think that I'm in the clear from a suit? Or, could they still come up with other ways to bring a suit? Note that I have not communicated with them in any way. I didn't make any payment or make any promises to pay. Thanks for your help!
That means they’ve determined to the statue limitations has expired, so if they were to try to sue you, you could get it thrown out pretty easily. In Florida, there are very few ways a limitations period can be extended, with payment being the most common one.
Thanks for sharing this debt collection video. Your video triggered my question regarding the five-day debt collection letter, after the initial communication. The question is which debt collection communication is the initial communication, for example, if received via two text messages on June 6, 2023 and letter (dated June 2, 2023) via mail on June 14, 2023? In other words, I received the text messages first, before the letter. Only the letter contained all the required 1692g information per the FDCPA.
Great video! I received a call from the collection company and they just tell me the amount of money I owed. They just want me to pay for them immediately. I wanted more writing details. They refused and they said they already mailed me. However, I didn’t receive it. I asked if they can send me again. He refused. Did they break the law?And I also didn’t receive 5 days letter. So I even can’t do debt validation
> I asked if they can send me again. He refused. "Never call me again. You may only communicate with me in writing. Goodbye." Watch this video: ua-cam.com/video/WJ3jNKivu-4/v-deo.html
Great video! I'm in missouri. I got the court date I was in the hosp at the time with DKA. Now that collection agency has given or sold that to another collection agency, I just got their letter and a copy to the court filed paper today 2/3/24, this is the first and only letter I've received from this new collector. It says As of Aug 27 2014 I owe said amount, between that date and today they have received $0.00 toward the debt, that's 9 years! The debt was taken off of my credit report already 2 years ago. Nor do I recognize the amount especially being so long ago. Now I believe that date was when I missed the court date, not when I stopped paying the debt, I wanna say I stopped in 2010 couldn't swear on that, and not being on my credit history any longer I'm not sure of either. I'm on SSI and have been since 1998. I live in a senior apt don't own a home or car really, it's in my mom's name first, mine second. The new collector is in Columbia mo, I'm in Independece mo, 126 miles away. How should I address all of this to them? Statute in Missouri I believe is 6 years it was kind of unclear. Where do I even begin, the collection letter does ask how I want to respond, or send money to the new collector I've never heard of? My email is catinmo at Gmail, in case I can't find this video or response again. Don't know how to save this lol I subscribed but don't know where to find those at either. Lol I'm not technically anything. Been so long my credit has already risen from that coming off. Please help!
Great video thanks for the useful information, I'm currently going through a debt lawsuit, and I've noticed in the complaint a few addresses and names of companies are incorrect on documents. Is this something I could request validation for?
If you’re in court the time to use a debt validation letter has passed. You probably want to use discovery in the court case. We’ve got a video coming out soon on that exact issue.
@@RWlawFL Ok, we have had a Deposition, and a hearing is scheduled in February, is this something I can bring up at the hearing, or has too much time passed to dispute (a few) incorrect company addresses that I just previously noticed? Thanks for such a quick response
Thank you for the helpful video. I have some questions. I sent out validation letters. 1. I received an email notice from one creditor trying to negotiate a lower cost without validation. Can this be disputed? 2. Another creditor sends me a statement for an auto insurance bill. Do I dispute it with them or to the 3 credit bureaus?
If they sent you a collection demand after a dispute but before validation, that’s a lawsuit right there. FDBPA violation. The other account, you’re already disputed. What’s inaccurate and where is it? Have you looked at your credit report yet? Sounds like you would probably benefit from watching a few more of our recent videos.
Can you explain the lawsuit protection for Social Security, SSDI, Veterans recipient. What are the options if you become financially unable to pay off the debt.
Even though SSI and Veterans benefits are protected from garnishment, debt collectors may be able to seize or garnish other things. And while they search for that, they're going to make your life difficult. I'm dealing right now with a particularly obnoxious debt collector who refuses to stop looking even though my client is on full disability and brings in less than $15,000 a year.
After disputing Midland, I received a letter written totally in Spanish...I found this odd. I can't be certain that they've attempted to call because my phone carrier has added a "spam risk" filter.. . It's beyond the sol to sue in my state, so I highly doubt I received an original "dunning" letter in the first place because I had no knowledge they were collecting until I ordered my credit report. I'm wondering if I should send a written validation of debt letter requesting original account level documentation to get this debt removed from my credit report, since one of the bureaus has removed the account, but the other "closed" the account but didn't remove, the other says it's still under investigation..I'm under the assumption they can't actually "validate" the debt.
That does seem odd. If it's on your credit report and they can't sue you for it, see if there's anything inaccurate, obsolete, or otherwise unverifiable about they way they're reporting it, and see if a credit-report dispute (by mail, return receipt requested) works.
@@RWlawFL there are several things to dispute, Dola date is different across the 3 bureaus, a past due amount listed, late payments and the account is listed as" open".. they're trying to report as an original creditor and I am disputing these things... portfolio and Midland are both doing this...the portfolio debt, I recognize, however, their reporting is in violation and has caused ongoing damage to my credit report and they have not contacted me...I just know I had a debt with the original creditor , and it's a credit card that became delinquent in February 2017..the sol in my State is 3 yrs... portfolio received the Debt in 2019...mere months prior to the sol...so of course they'd rather not locate me ...they want me to contact them to arrange payment...I'm so mad about the shady way they've reported, that I don't want to negotiate...I've paid all the collections I've had prior to these two because they weren't purposefully reporting inaccuracies and making a point to not communicate with me via mail...I was never given any original dunning letter for either company...I think I may respond to Midland with a debt validation in Mandarin and show them how this game is played. I am permanently disabled...I have nothing but the time of day.
If EVERYTHING about the debt is valid, you can still negotiate based on collectibility and ability to pay. However, keep an eye out for debt collection violations that have nothing to do with validity of the debt. Leverage is everything.
Question- Can you write a Cease and Desist letter asking them to stop calling and aldo ask at the same time for verification of the debt with the original owner? Also, if you receive a letter with a payoff amount and it's over 7 years should you pay it? Thank You. 🙂
You can write them and tell them phone calls are not a permissible way to reach you and they should only contact you in writing, AND ask them to mail verification because you dispute the debt. Send it certified mail return receipt. As far as the 7-year question goes, that depends on what state you’re in.
Thanks Ricardo &Wasylik PL, Appreciate your sharing your law knowledge. It’s very helpful. My question is, can this information apply to a person that was a bail bondsman cosigner for a person that was incarcerated. Thanks I hope my question was clear.
UPDATE: I was curious and took a quick look-found one case that says the FDCPA *does* apply to bail bonds: Barlow v. Safety Nat. Cas. Corp., 856 F. Supp. 2d 828, 834 (M.D. La. 2012) -- I don't know if a bail bond is considered a "consumer debt" for purposes of this law-I can think of reasons that it might or might not be. If not, this law wouldn't apply. I've never run across that specific fact pattern before so I haven't researched it.
Appreciate this video. I broke my rental lease 3 months early due to an untimely active leak and mold in my bathroom. I have documentation of several attempts to remedy the situation with no response. Emails, letters, phone calls, etc. The management company sent me a letter of the outstanding balance ($3,700) and said in 14 days it will be given to their collection agency. Should I wait to hear from collections and dispute it? I'm in Pennsylvania.
Thank you so much this was very helpful to me! I lived in New York back in 2017 and had a utilities company that I owed however I moved to California and the pandemic hit and one thing after another so the collection agency is what is on my report not the original company and now 6 years later even a new collection agency is emailing me. I think it's best at this point to just hope it falls off in 7 years but I don't see how the other company could have reported it? What to do!
Great video, I have question, after I sent dispute letter to my debt buyer, they sent me all statements, they also provide me my last four digits of social security number. Is my original creditor allowed to sell my ssn to debt buyer?
Just be aware that they will simply state that the debt has been verified and proceed with collection practices. Been there, done that. paid the bill. Assuming the debt is valid is FRAUD on their part.
Many debt collectors will do that. In the process, they often do things that violate federal and state debt collection laws-and that's where the real leverage kicks in. This is information you probably didn't have at that time.
And if it’s in collections/charge-off/write-off, since May2017, are they allowed to still report late payments monthly? This is really affecting my name.
@@RWlawFL mine just says "C" every month since 2019. I didnt know about disputing or anything. I didnt even know that people could go to the credit bureau's website and dispute it. This is the ONLY thing in my account that is sticking out like a sore thumb. Yesterday I typed up a dispute letter to send to the credit bureau. I had a 760-score and because of this 1 collections I dropped to 560. I'm so pissed. Its no wonder I got denied a card when i applied.
Good day boss. Do I have to wait to receive a bill from the debt collector to send in the letter within 30 days? I currently have a car note, how do I handle that? Especially learning they can’t collect when asking for validation also learning in the contract it states “Security instrument secured all obligations.” Meaning the car was paid for already, right?
If the debt collector hasn't sent you anything, how do you know about them? If they're reporting to the credit bureaus without contacting you, that's now illegal (see my "Sneak Attack" video: ua-cam.com/video/G9qyzXmEr78/v-deo.html ) If they're sending you letters but failed to send you the required disclosure, that's illegal, too. I don't agree that the car was already paid for-that just means they have a right to repo the car if you don't pay.
@@RWlawFL Yes I receive a bill for my car every month. I can’t find this month’s bill so do I wait to receive the next bill to send a debt validation letter within that 30-day period or can I send a debt validation letter before receiving next month’s bill?
The debt collector has to send you, within five days of its very first time contacting you, the notice required by 1692g. You have 30 days from the time when you receive that first notice to send your debt validation letter. If you’re getting monthly bills from a debt collector, they probably sent you this letter along time ago. However, if you receive a bill from a debt collector, there’s nothing wrong with sending a dispute letter the next time you get a bill from them. In fact, it’s probably a good idea, because any dispute triggers obligations on that debt collector under the FDCPA.
One main thing you forgot! Make sure you get your letter notarized! When you get things notarized it stands as truth in commerce. 2nd verification is for verification of the original creditor which is the consumer(us). We initiated the transaction with our credit card pursuant 15 usc 1602 look up definition of a credit card it says “ANY CARD” what’s the main card you use for every single alleged contract/debt you get into??? Social security card!Oh and when they send you a contract or they send you statements all it’s showing is proof of who you did business with!! More info ask me!!
"Make sure you get your letter notarized! When you get things notarized it stands as truth in commerce." This is a very commonly-believed myth. Notarization doesn't do anything for letters except show the debt collector you're getting bad information. So notarizing your letter actuals makes it WORSE for you because they view you as someone who doesn't have the knowledge and skill needed to beat them. There are only a handful of legal documents that benefit from getting notarized, and letters aren't one of those.
Question: In the initial contact letter from a debt collector, is it a threat for a debt collector to state in their letter that if a consumer notify their office, disputing the validity of this debt or any portion thereof, within 30 days after receiving this notice, their office will obtain obtain a copy of a judgment?
Can you explain how to get bankruptcies off LCI if LCI is constantly saying they don’t have personal reports? We cant dispute inaccuracies if they don’t provide a personal report. TransUnion no longer goes through Lexis Nexis. They go through LCI. LCI claims they are not a CRA and does not need to follow the CFPB rules. How can one combat this? LCI follows their own rules.
You can't get bankruptcies removed from LCI because all they're doing is pulling public records. If TransUnion is reporting a bankruptcy that's not yours, or it otherwise inaccurate (wrong date, etc.) then you can dispute that directly with TransUnion. If they fail to "reasonably investigate" a valid dispute, you can sue them for damages caused by that failure.
Thanks for all the videos I have a quick question what if it's an old debt you've been ignoring and they continue sending you options to pay with discounts or they're trying to take you to court now can you still respond with the letter on both parties?
Thank you for sharing all of the the helpful information. I was also told in sending a letter of verification to never sign the letter because they can use that to falsify your signature on any type of agreement. Just type your name at the bottom of your letter. Do you agree with this?
I'm fine with either. There's no legal requirement for you to "sign" a letter, and a typed "signature" would be as legally effective as a handwritten one, anyway.
This video is very helpful. however i'm only hoping this can help me in my state of GA with my car lease, I'm currently in a situation where the auto company who i leased the car from just when out of business, a few days ago I didn't know who was calling me but i picked up, was asked to verify my identity, and they mentioned who i was leasing through. that was it, i then was curious about it all so i asked was they a third party and was told yes, that's it, never was given information about the lease, never once was it mentioned they were a debt collection company, why they are calling, never received a letter about them or anything. so this is very helpful information as to what i should be doing next to resolve this issue.
Tell them to communicate with you only in writing. Once you get some kind of written statement, it will be easier for you to figure out what's going on. Don't give out any information on the phone.
QUESTION, PART 2: Let’s say if there was some type of communication, does the collector have to answer you if you say hello, or if providing a text message, does it have to be a written text message? Plus, let’s say the statute of limitations in a state like NJ is 6 years, and you receive a notification letter 2+ years after the 6 years passed, how would one respond, even if you have doubts of the last payment made in the letter?
I don't understand the first question. If a debt collector is sending you mail after the SOL has passed, and they fail to warn you about the fact the debt is too old to collect, that's usually a violation of the FDCPA. You can skip the dispute letter and go straight to a lawsuit. If they did say that in the letter, then I'd look to see if it's still on your credit report because it's probably too old to be there. If it's not on your credit report and they can't sue you, ignoring them is probably your best option.
Can you explain in house debt collection and how and what you can do, if wrongly sued and dont owe the debt. I know its different than third party. im in missouri. PLEASE!!! No one has talked about this on youtube
Very good information. I have a question for you that was not covered. What about disputing a debt from a third party who states they purchased the debt and is the new owner? Can't I dispute in the letter to make them prove they have a legal right to even collect this debt? How do I know they really purchased the debt. What do I do in this case. Thanks.
You have the right to get your full medical records and billing records from your medical provider. Request those in writing. Make sure you got all the treatments you were billed for and the charges line up. Then compare them to the debt collection. If you find a discrepancy, it's time to sue the debt collector and maybe even the medical provider.
If they added late fees and interest that the agreement doesn't allow, then they've broken the lasw and I'd skip the dispute letter and just sue them. If you're not sure whether the agreement allows it, just say you dispute the amount.
Yes, there is an SOL based on when the original debt first went into default. In Florida it's usually 4 years fromt eh date of last payment. The only thing that would restart the clock in Florida is if you make a payment.
Long story short, financial problems led me to a repo last year. I just today received a letter from a debt collector, the information seems to all have the right one, account number, debt name and address. Seeming as I have no grounds to dispute this debt, does this automatically mean they will sue? Should I still request a validation letter? What are, if any, my options? I live in NC and would love some lawyer recommendations if any. Thanks.
Hello thank you for this informative video it has been so helpful. I wanted to know if I can send a validation letter after the 30 days if so, will they still pause payments until they send something back?
Legally speaking most of your rights only trigger if you send your letter within 30 days after you received the letter. From a practical standpoint, they don’t have any way to know when you receive the letter, and if they continue collections even after they receive a dispute letter in which you claim to be sending it within 30 days, they can get in trouble. This means, from a practical standpoint, they’re pretty much always going to assume that you’re within the 30 day period if you claim it so. I don’t recommend lying about this, because if it ends up being exposed, you can get yourself in more trouble than it’s worth, but as a practical matter the 30 day time period starts whenever you say it does.
Than you so much for all of your helpful information! Can you tell me what a “Notice of Assignment to Judgement Debtor” is and why I may have received it?
It sounds like you got sued, they won and got a judgment, and now they're selling that judgment to someone else. You need to speak with a lawyer in your state right away to find out what's going on.
@@RWlawFL Thanks to your great advice, I found an Attorney who is helping me resolve this issue. He said if I had waited and done “nothing” the consequences could have been quite costly.
Glad to hear you're being taken care of. Please have your lawyer reach out to me ( ricardolaw.com/contact/ ) so I can make sure to add them to our outbound referral list.
Hello. Thanks for this video! I have some credit cards that I stopped paying on and ceased all communication on accounts 6 years ago. Long story. What can I fo to get these off of my credit report? They’ve charged off long ago and a debt buyer has it. I was out of the country for 6 years. How can I repair this? Thanks! Before this , my credit was very strong.
Have you looked at your credit reports? Each of them should have a so-called “date of first delinquency“ or some other date they show these items will roll off. If the deaths have been in default for six years, they should roll off in a year or less. Otherwise, unless there’s something in accurate about the reporting, you’re probably stuck with it.
Thank you for this information. Is there a statute of limitations in Florida? I received a collections statement for an ambulance transport 11 years ago that was on a hospital campus between departments, maybe 500 feet! They claim to have sent previous statements which I don't recall. This was a collection for Miami Dade Ambulance. Thanks!
Thanks for this information on this video. I have a debt collector put it on the credit history without any notifications. No letter, no phone calls, nothing. I feel that this done damage to my credit history. The company that the debt was with, not the collector, received payments and never credit my account. The company the debt was originally with has had problems with other people and their payments not applied as well. They too had collection agency coming to collect from them also. Can I use this against the debt collector or the original company or both?
>The company that the debt was with, not the collector, received payments and never credit my account. If you can prove that, you not only have a powerful defense, you probably have grounds to sue them and the debt collector for debt collection abuses-at least if you were in Florida.
Hello thank you for this video! One thing I noticed you didn't cover is what if you didn't respond within the 30 days of receiving the letter from the debt collector? Is it too late to request a debt validation? What if you just received papers you were served for a debt collector? Is it still possible to ask for a debt validation letter? I understand that these debt collectors by these collections in the bulk and they don't usually have bunch information. Actually I'm checking for a friend she is also a senior citizen.
You have 30 days to respond to the initial letter that contains the 30 day notice. If it’s beyond the 30 days from when you receive that letter, you can still send a debt collection dispute to the debt collector, but certain rights will not apply. Some of our other videos about dispute letters explain this more thoroughly. Try this one: ua-cam.com/video/8Nszw0ur3v8/v-deo.html
Have a default judgment from 17 years ago I knew nothing about and not even mine unless someone used my name and social security number got a wage garnishment notice a few weeks ago and response right away now I have a court date set … the question is can I file a motion to vacate or motion to dismiss or both at the same time and I’m in Florida and possibly looking for a lawyer
So on that letter that debt collectors send you, they should put the numbers they intend to call. If it's an Emergency Number that you provided as not an alternative contact for debt related matters, but more of Police had to take subject to the hospital intensive care unit. What if the Credit Card company starts contacting the Emergency Number that was not given to them in the first place? Isn't that a breach/misuse of Trust?
If you want a debt collector to stop calling a particular phone number, you can write them a letter and tell them that it is not “convenient“ for them to call you at that number. Under US law, they have to stop calling that number. If they continue to call, you can sue them.
I assume you've got old addresses on your credit report. If you never lived there, then those addresses are incorrect and you can send a letter to the credit bureaus asking them to delete the addresses because they are not yours. (Inaccurate). But if they're more than seven years old, it probably doesn't make any difference.
At 7:13 in the video, we explain that the letter should request verification, and state that you dispute the debt. There are no magic words required, so you should never buy forms from anyone online.
Great info. QUESTION: if you let’s say, live in NJ, and statue of limitations is 6 years, and you receive a letter, and let’s add prompts are added with check boxes for your options, how might you respond, if you respond at all?
Hi, do you work with student loan fraudulent debt? School is in Florida🙏I sent a dispute through Equifax saying the amount was never authorized (I have documents showing they charged me before my signature date) the school turned out to be a scam and the training was literally backwards so I quit and came back home to California but the school helped itself to the meritize student loan and Meritize allowed the school to help itself to the money ... I contacted the bank couple months ago and they said they are investigating but I still haven't heard back ...
If the debt was a fraud, you're barking up the wrong tree by focusing on the credit bureaus. You need to attack the debt at its source by addressing the school. Set up an appointment to discuss with us whether you have a valid lawsuit against the school.
I just received a letter yesterday stating that I owe a debt from a gym membership that I canceled back in 2016. I have never received anything from this gym saying that I owe them money or any other collection agency in the past 5 years. I even rejoined that gym this year in January and wasn’t told that I had an outstanding balance. I called them today and the people was rude and talking about settlements and stuff. I told them that I will have to investigate this further before I pay anything. I’m sending the letter today requesting verification. Do you have any advice with this being from something in 2016? Also I’m in South Carolina. With gratitude, Starr
We don't know much about SC law so this probably won't be complete. But generally, if the gym itself is trying to collect a debt from you that's not "debt collection" it's a dispute with an original creditor and your options may be more limited. Don't talk to them on the phone. Seriously, never talk to them on the phone. Ever. Got it?
@@RWlawFL Thank you for responding! I got it and I definitely won’t be talking to the agency anymore. I saw in SC the statuette limit is 3 years and as I stated previously it was in 2016 if it’s true. But when I talked to the agency that one time on the 7th, I never admitted to owing any money. I told them there had to be a mistake and I would check with the gym and that was it. I sent the letter certified mail. And far as I’m concerned thats that for me. Thanks again!
Thank you so much for this info. Im in Alaska. Being sued by law firm in Washington. credit card. I sent dispute letter. Got another back from them stating we need to communcate before court in late Feb.I will requst the validation letter. Im not sure if they own the debt now or just representing creditor. I guess my Q to them will be do they own and should I ask for full account # along with proof of debt? Thank you for any advice or a contact here in Alaska to speak with. Thank you so much.
Do they need to send the first contact letter by certified or registered mail? I've never received any letter. The collection just showed up on my credit report as a 30 day late. I never had any agreement, contact or contract with this collection agency.
> Do they need to send the first contact letter by certified or registered mail? No. > I never had any agreement, contact or contract with this collection agency. No one ever does. That doesn't help you. If the information on your credit report is somehow wrong, you have the right to dispute it. Write a letter to the credit bureau explaining what is wrong about it.
Hi Mr. Wasylik, I just came across your page which has been very informative and helpful. My questions to you are as followed... So if I have not received an actual paper letter first, that's a violation on their part? Because I have not received any letters from 5 companies that have been texting or emailing me about them trying to collect a debt. Nor are 3 out of the 5 have placed anything on my credit report. What are my rights? What plan of action should I be taking going forward? I also have a collection on an account that has been settled with the court and was discharged, this issue is being done by LVNV Funding. How should I handle this problem also? Can they do that? I am not located in Florida.
Three issues here: 1. No Written Notice Provided: Debt collectors are required under the FDCPA to send a written notice of the debt within five days of their initial communication. This notice doesn’t have to be sent via paper mail-it can be emailed or sent by text message, as long as it includes all the required details about the debt. If you haven’t received such a notice, it may be a violation of the law. 2. Credit Reporting Issues: The fact that some of the debts haven’t been reported on your credit doesn’t exempt collectors from following the law. They’re still obligated to provide proper notice and comply with all regulations. 3. LVNV Funding: If the debt they are trying to collect was settled through the court and discharged, they likely have no right to pursue it further. Continuing collection attempts could violate the FDCPA. Consider sending a debt validation request to confirm their authority to collect. Since you’re not in Florida, I’d recommend consulting a consumer lawyer in your state who can evaluate your situation and guide you through the process. Let me know if you need assistance finding one!
My understanding is that verification and validation are two separate things. But you seem to be speaking of them as interchangeable and being the same. If the collection company cannot provide you with a signed contract from the original creditor that expressly allows them to sell off any debt or portion of your contract with them it should then be invalid under contract of law. Verifying is just saying that we have confirmed that you are indeed the person that is listed on this bill of debt.
> My understanding is that verification and validation are two separate things Watch this video to learn more about what those terms legally mean: ua-cam.com/video/WBpQOxdFWhU/v-deo.html
If there's a judgment against you, you've already lost. That's why it's so important to talk to a lawyer before your court date. Are you in Florida? There's a slim chance we can help.
I would wonder: Who was telling me this? What did they propose to do about it? Whether I, or someone else, we’re supposed to pay that debt? Whether the debt had already been paid? Then I would form a plan of action from there.
Hello sir it's much interested me to learn from your guidance of debts. Some one borrowed money from me but never atterm to pay up, it takes 2 years from now. I would really appreciated to have a form of the debts notice please.
![Texas vs. Florida: What to Do When Debt Collectors Attack [Midland, Portfolio, LVNV, Cache LLC]](http://i.ytimg.com/vi/wpo7ruwu9u8/mqdefault.jpg)
![Texas vs. Florida: What to Do When Debt Collectors Attack [Midland, Portfolio, LVNV, Cache LLC]](/img/tr.png)
![We TEAR APART a debt collector lawsuit [Midland Credit Management]](http://i.ytimg.com/vi/ZyYx7L1EKmc/mqdefault.jpg)
There aren’t many good lawyers that specialize in consumer law. I’m glad you do and I appreciate the insight you share on your channel.
Thanks for watching!
I used your knowledge and actually got my collection deleted! Thank you for the info!!
Fantastic!
I've watched 4 different videos today on similar topics of conversation, just trying to gauge the level of competence of the folks giving advice on in this genre, and this guy is the first person I have found that isn't volunteering terrible advice. He was spot on from beginning to end. The other 3 I watched was a mixed bag, that at some point delivered frightenedly incorrect, and potentially harmful advice. Well done sir.
Thank you!
One of our goals is to counter all the misinformation out there on the topic.
@@RWlawFL Thank you Sir , I am trying to not be in any debt that I can not pay . I JUST DON'T WANT TO DIE BEFORE MY WIFE AND LEAVE HER IN A BAD SISTUATION WITH WHAT SHE WILL TRY TO LIVE ON THANKS 😊
@rayriddle9462 If you're in Florida, give us a call this week.
My bank fumbled the ball during the covid and didn't get a loan through and messed up my credit. I'm grateful for your video and I will be in touch. I was forced to crashed my credit to pay my mortgage. Fortunately I'm a senior and they can't in garnish my wages because I don't have that much.
We look forward to speaking with you.
This is an interesting topic. I've in the credit/fiat war. I've been dealing with all kinds of issues throughout the years. Credit cards, personal loans even home foreclosure. I've researched all kinds of topics over the years. Everything from these third party companies who buy the debt from the original creditor filing for BK, income garnish ect... It's interesting how the original creditors mostly do the the right thing and these third parties do not. There are a few unfair practices in my opinion that seem to be allowed.
> There are a few unfair practices in my opinion that seem to be allowed.
Third parties usually qualify as "debt collectors" and federal law bans any unfair practices by them, so if there's something that bothers you, get it checked out.
IIRC you are not legally obligated to pay the 3rd parties. You can go back to the original creditor and if they refuse to accept payment, that can in some cases invalidate the debt. Talk to a lawyer of course.
As a lawyer, I can tell you this can't work if the original creditor has sold the debt. This is why you need to know who the current creditor is.
Also, if you do have a refusal like this, you still have to know how to use it. Just writing letters isn't enough.
In Idaho they only have 5 years to report a debt for collection. I literally just had a collection reported on my credit reports. They re-aged the debt and are saying it was actually last month. IF, this was a legit debt it had to have been over 6 years ago. They are NOT the original creditor and neither the original creditor or these guys have contacted me in any way! It literally just showed up on my reports!
This video is about debt collection, not credit reporting, but if you're having this happen to you, I'd talk to an Idaho lawyer right away.
I actually did this out of common sense. Some debt collector started calling and mailing me out of the blue demanding money. I responded that I had no idea what this debt was or for who and demanded proof of it. And yep; they sent me essentially a useless sheet of paper with my name and a dollar amount - but still no mention of the original lender or whoever. I immediately pointed out that a ledger entry with my name proved nothing and that without knowing who I actually owed money to, I was not paying. I did, in fact; sent these letters certified and all, but this last time, I had my pre-paid lawyer write the final letter. In any case, they left me alone after that.
Never did find out who I was supposed to owe - I had paid off my vehicle a few years earlier and had been debt-free for years at that time.
Good for you. Common sense is sadly not all that common.
A person like me who can't pay $500 over a period of time was difficult to sue collection agency even though they violates FDCPA
If a debt collector violated the FDCPA, you don't need a dime to have a lawyer file suit for you.
Many lawyers will do that for no up-front costs to you if you have a good case.
I have a bill collector telling my brother on disability that he is defrauding them. He tried to work on the ticket to work program then got sick. Now this debt collector stated that they can make trouble for him by telling social security that he is supposedly working when he is not or other bad things. I am really pissed off he is so worried and afraid. I told him not to worry
I think this debt collector is breaking the law by:
1. Lying to your brother
2. Threatening to disclose information about the debt to third parties
3. Abusing by brother by accusing him of fraud
4. Threading to lie to the SSA to get leverage
No legitimate debt collector would do this and I wonder if this isn't actually a scam artist trying to collect money from vulnerable people.
I'd definitely look into suing this debt collector and possibly even reporting them to the police.
By the way, NEVER talk to a debt collector on the phone. See my recent video on debt collector calls.
I have a debt collection on my credit report for a Towing company(Fast Towing) in Nevada where I used to live; the accident occurred 06/2016.
The car towed and was eventually "crushed" and sold, but I was apparently being charged "storage" fees.
The Debt was sold to various collection agencies; I fought the collection and it was removed from the credit reports in 2020 but now it's back on my credit report under yet another collection company.
The original debt is almost 7 years old now - but keeps showing up under new collections companies as it keeps being sold.
How can I get this removed once and for all?????
> almost 7 years old now
Once it's past the seven year mark, it should come off for good. If not, you can dispute it and even sue the bureaus if they refuse to remove it.
get rid of this practice of credit card being sold to oter agencys if tjey contiue herassing u sue them and all other angenis who have there fingers in it to make money and shut them down this crap has to be stop /// how do we shut them down forgood this is for everyboudy do not charge any thing u do not have money do not get it until u have money third pary crap has to stop them now this could go on forever it is not stoped now by a law they can not do tihis suethe toothand nail all of them put them out of busness now
It feels unfair, doesn't it?
In 2015 our bank account was frozen by a debt collection attorney who,of course,exceeded the statute of limitations. We had no choice,we had to pay an amount less than the actual debt. I'm shocked that they were able to get away with this sham!
You had a choice-you just picked the expensive option.
@@RWlawFL what choice was that
If the debt is beyond the SOL, they didn't have to pay-they could have fought, sued the debt collector, won a judgment, and walked away with money in pocket.
Instead, they chose to "settle."
What is a debt collection attorney? Do you mean that the lender went and got a judgment?
Sounds like they're talking about a lawyer who represents debt collectors.
I work in Data Governance the issue I have with debt collectors calling is that they ask for your SSN and I do not give up my SSN for anyone. Also, I have never received anything via postal mail, they are just trying to verify if I'm the person they are pursuing is the correct person. I worked side-by side with a lady who had the same name as myself and I've look up my name and notice how of my names came up on phone directory so they may not have the correct person.
That's just one of many reasons we recommend to never speak with debt collectors on the phone. Want to verify my identity? You called me, dude...
You encouraged me to fight the debt collection lawsuit with PRA. I sent a debt validation letter and the junk debt buyer continue to send me some documents but not what I asked for.
We're grateful we inspired you!
Can you report it to the Credit Bureaus, including Lexus Nexus?
I've never heard of anyone trying that.
They tried that on me too! I demanded proof of debt and they sent me different documents for a completely unrelated different company I had never done business with . I mailed them and pointed out that they were aiding and abetting the fraud being perpetrated by the company that sold a false debt to them. I never heard a word after that. Fortunately that is well out of statute now. Not only that, it contained medical information which is a Hipaa violation and actionable. If they had tried again I would have filed a Hipaa suit.
HIPAA doesn't limit debt collection and you can't sue anyone for violating HIPAA.
Hello thank you for this video. I’m located in CA. I have debt that went into collections. I got into a program to help lower the debt. The program was able to get it lowered in half of what I owe. I then realized that I would be paying almost $5000 in fees for being in that program so I got out of it. I called the collectors to see if I could settle with them directly and told them I have this amount and they said no they won’t settle. I told them I would call back when I had the money. Never called back because I don’t have the money. Few months later I got a call and told them the same thing and they called again and then never heard from them again. It’s been months and today I get a letter from a law firm that represents the debt collector. The amount they show is the original amount of what I owe not the amount they said they would settle for. I’m not sure if I should respond with “this is not the amount.” Thank you
Check your other comment for our response.
thank you you are very helpful with the information : PS I have a debt collector calling me on my phone and leaving messages but I do not recall ever getting a letter from them ,they tell me the name of their company and they are trying to collect a debt ,how do I proceed
1. What state are you in?
2. Who is the debt collector?
3. You can ask them to send you a copy of their "1692g" letter. Once you receive it, your 30 days starts from there.
I am in Florida and I am a retired paralegal..i know i have a good case.. just wish someone would listen! Attorneys
Have you called us yet?
Loved the video! Question- what about medical debt that’s years old on your credit? Can you still send a debt validation letter?
Can you? Sure.
Should you? Maybe not.
How many years? Is the debt legitimate? Have they tried to sue you? Have they sent letters, email, text message, or made phone calls? Lots of variables here.
I didn't got any letter from the debt collector (Radius Global) simply just a collection appeared on my credit report.
They don't need to send you a letter in order to list it on your credit report.
@@RWlawFL
So, in reference to the last comment, should you go ahead and ask for a verification letter from the 3rd party? Do they fall under the “hippa” (don’t remember correct abbreviation)?
I don’t owe them my medical bill
Thank you. This is very informative and helpful.
You’re welcome!
Very helpful info and thank you for sharing. Question: I have a debit that was sold to a debit collector and the original debt is no longer on my credit reports. I received a letter with payment options but not to verify the debt and now I'm receiving calls asking for a call back. Can this be disputed with the CRA or should I send a debt validation letter first?
If it’s on your report and it’s not accurate, you can dispute it with the CRA.
Also ask them for the blue wet ink signature not a copy but the original signature
Unfortunately, this is a myth spread by "credit repair" people who are selling courses based on a misreading (or worse, a deliberate misrepresentation) of the law.
No "blue wet ink" signature requirement exists, and for most types of modern contracts, no blue wet ink signature ever existed.
The courts will still enforce those contracts. If you walk into court demanding a blue ink signature, you're probably going to have a very bad day.
Thank you for this important information. May I ask if a debt validation letter effective if the collection agency never called you or sent letters but just added it to your credit report? What if I decide to challenge the medical bills on my report if it's been sitting there for a few years? Will the collection agencies ignore my debt validation letter if they see that I have waited years to ask them to validate a debt? I'm just learning about this so is it too late to challenge at this point.
No. A debt validation letter is the wrong tool for the job.
You can send a dispute letter to the credit bureau, (not the original creditor or the debt collector) for any account on your credit report that is inaccurate, obsolete, or incomplete. They have a duty to make a "reasonable investigation" and correct inaccurate information, and to remove information that is obsolete or cannot be verified. If they fail to make this investigation, or fail to correct or remove information that's not accurate, complete, and timely, you can sue them for any damages suffered because of that failure.
Hi there, love what you do & the inf you tell us, just wish you did this to help people in Canada. Thank you please keep up the great work you do
I’m sorry that none of this applies to Canada, because it’s all US law. I hope some of the ideas and principles may still help you out.
Are you able to find Canadian lawyers who specialize in this area?
Solid, valuable information presented in an easily understood and clear manner.
Glad it was helpful!
I've been waiting on the station like this thank you so much!
Glad I could help!
I just signed up with a debt Validation company. I have never heard of this before, and I wasn't completely sold on it. I have been doing my research, and this video was extremely helpful. Thank you!
Glad you liked the video. I've never heard of a "debt Validation company." What promises are they making you?
Thanks for sharing . Helpful information . Question: I have a debt that was sold to 3rd party . I have disputed the debt several times for inaccuracy and validation . However they did the minimum just like you said they would do. I have no plans on paying this debt because it’s not accurate and I never authorized the credit application . The 3rd party creditor keeps reporting a different amount granted it’s not a big difference however it appears that each times the acct changes ; it affects my credit score . Lastly the 3rd part creditor keeps doing a soft pull on my credit report. ( not sure why ) Is this legal ? Thank you so much
> it’s not accurate and I never authorized the credit application
If you have evidence of this, and you've disputed it with the CRAs to no results, then your next step is to file a lawsuit under the FCRA. (15 USC §1681i)
> it appears that each times the acct changes
How does it change?
> keeps doing a soft pull on my credit report.
Yes this is legal, and doesn't affect your credit. A creditor can pull your report to get information about you. For example, if they see you paying down debt they might guess you've got money to pay them and ramp up their collection efforts.
> Pro Bono Lawyer Hoa, Probate issues, Real Estate, Domestic matter.
That's going to be hard to find. If you have a house, probate, and real estate matters you probably are "too rich" for any pro bono lawyers. Maybe Colorado has different rules.
Freeze your credit report so no one can get access without your authorization
This doesn’t stop soft pulls, only hard pulls related to credit applications.
Sir, I have a dispute from t mobile concerning a bill that was handed over to conversion collection agency. I told t mobile in advanced I wanted cancelled contract after their 3 months contract. Now I have a bill that I shouldn't owe a dime to. How to respond to the debt collector? How to dispute it in the letter? Thank You
Very helpful information thank you so much.
My question is does the debt collector has to send me any kind of notice before suing me? If the don't would that make the lawsuit unlawful?
Federal law does not require this. They only have to send a notice within five days of any "initial communication" and the lawsuit isn't a "communication" for that purpose. See 15 USC § 1692g (e)
Thank you for making a UA-cam video about this. I’ve been receiving letters from a debt collector since April 2021 about a car loan. When they sent the original letter, I was out of the country. When I got back to the U.S., I didn’t get those letters until June, as they were sending the letters to my sister’s house. It’s the end of September 2021 now, which means the 30-day window for me to respond and dispute the debt has passed. Because of my unique situation, do you think I should ask the debt collector for a verification letter?
Also, the last time I made a payment on this account was in December 2015. On my Equifax credit report, it shows that the account was 30-day past due in March 2016, and 60-day past due in April 2016. The account was marked Charged Off in September 2017 (1 year and 4 months later). My question is as follows:
When does the Statute Of Limitation start to accrue in the state of Florida? Is it when you’re 30 days late on a payment, or when the account is Charged Off?
Regarding the SOL issue, we've got a whole video on that, so check it out!
ua-cam.com/video/TeK09B6IVBo/v-deo.html
Regarding the credit report, if the last payment was in December, then the DOFD (date of first delinquency) would be probably sometime in February (your missed January payment would be 30 days overdue by then). This means: 1) that the account should fall off your report around February of 2023 (seven years) and 2) the Equifax report may be wrong.
If you're certain about the date of last payment, you can send a dispute letter to Equifax telling them that the March 2016 30-day mark is wrong-it should be 60 days, and the date of delinquency should be February 2016. They should either correct the report, or if you're lucky, delete it entirely.
Regarding the validation letter, the 30-day period starts when you RECEIVE the letter (15 USC 1692g (a)(3) ) so if you got them in June, your 30 days has run out and they don't have to respond to you.
@@RWlawFL Thank you so much for your prompt reply. Before I ask for the verification letter, there is one thing I forgot to mention... In some of the letters that the debt collector has been sending me, they mention the following sentence:
"Due to the age of your account, the above creditor is not able to file suit against you, but if you take a certain specific action such as making a payment or making a written promise to pay, the time for filing a suit may be reset."
Based on this statement, it sounds like the statute of limitations has expired. Do you think that I'm in the clear from a suit? Or, could they still come up with other ways to bring a suit? Note that I have not communicated with them in any way. I didn't make any payment or make any promises to pay.
Thanks for your help!
That means they’ve determined to the statue limitations has expired, so if they were to try to sue you, you could get it thrown out pretty easily.
In Florida, there are very few ways a limitations period can be extended, with payment being the most common one.
@@RWlawFL Thank you very much!
You’re welcome!
Thanks for sharing this debt collection video. Your video triggered my question regarding the five-day debt collection letter, after the initial communication. The question is which debt collection communication is the initial communication, for example, if received via two text messages on June 6, 2023 and letter (dated June 2, 2023) via mail on June 14, 2023? In other words, I received the text messages first, before the letter. Only the letter contained all the required 1692g information per the FDCPA.
If they mailed the letter within 5 days of the text messages, that probably complies. But the texts might have other violations.
This was really informative!!
Glad you found it helpful!
Can you use debt validation to get rid of or reduce current credit card debt without going to a debt collector first?
Debt validation demands only apply to debt collectors because they are a product of the Fair Debt Collection Practices Act.
Great video! I received a call from the collection company and they just tell me the amount of money I owed. They just want me to pay for them immediately. I wanted more writing details. They refused and they said they already mailed me. However, I didn’t receive it. I asked if they can send me again. He refused. Did they break the law?And I also didn’t receive 5 days letter. So I even can’t do debt validation
> I asked if they can send me again. He refused.
"Never call me again. You may only communicate with me in writing. Goodbye."
Watch this video: ua-cam.com/video/WJ3jNKivu-4/v-deo.html
Great video! I'm in missouri. I got the court date I was in the hosp at the time with DKA. Now that collection agency has given or sold that to another collection agency, I just got their letter and a copy to the court filed paper today 2/3/24, this is the first and only letter I've received from this new collector. It says As of Aug 27 2014 I owe said amount, between that date and today they have received $0.00 toward the debt, that's 9 years! The debt was taken off of my credit report already 2 years ago. Nor do I recognize the amount especially being so long ago. Now I believe that date was when I missed the court date, not when I stopped paying the debt, I wanna say I stopped in 2010 couldn't swear on that, and not being on my credit history any longer I'm not sure of either. I'm on SSI and have been since 1998. I live in a senior apt don't own a home or car really, it's in my mom's name first, mine second. The new collector is in Columbia mo, I'm in Independece mo, 126 miles away. How should I address all of this to them? Statute in Missouri I believe is 6 years it was kind of unclear. Where do I even begin, the collection letter does ask how I want to respond, or send money to the new collector I've never heard of?
My email is catinmo at Gmail, in case I can't find this video or response again. Don't know how to save this lol I subscribed but don't know where to find those at either. Lol I'm not technically anything. Been so long my credit has already risen from that coming off. Please help!
If you have an old judgment from years ago, you need to speak with a lawyer in Missouri right away.
Great video thanks for the useful information, I'm currently going through a debt lawsuit, and I've noticed in the complaint a few addresses and names of companies are incorrect on documents. Is this something I could request validation for?
If you’re in court the time to use a debt validation letter has passed. You probably want to use discovery in the court case.
We’ve got a video coming out soon on that exact issue.
@@RWlawFL Ok, we have had a Deposition, and a hearing is scheduled in February, is this something I can bring up at the hearing, or has too much time passed to dispute (a few) incorrect company addresses that I just previously noticed? Thanks for such a quick response
Its called defective process
> Its called defective process
Possibly! It depends on state law.
I'm in Florida
Thank you for this video. Received a letter on Friday….. they called me 3 days before.
Good luck!
Thank you for the helpful video. I have some questions. I sent out validation letters. 1. I received an email notice from one creditor trying to negotiate a lower cost without validation. Can this be disputed? 2. Another creditor sends me a statement for an auto insurance bill. Do I dispute it with them or to the 3 credit bureaus?
If they sent you a collection demand after a dispute but before validation, that’s a lawsuit right there. FDBPA violation.
The other account, you’re already disputed. What’s inaccurate and where is it? Have you looked at your credit report yet?
Sounds like you would probably benefit from watching a few more of our recent videos.
To the 3 credit bureaus!
Good luck!
Can you explain the lawsuit protection for Social Security, SSDI, Veterans recipient. What are the options if you become financially unable to pay off the debt.
Even though SSI and Veterans benefits are protected from garnishment, debt collectors may be able to seize or garnish other things. And while they search for that, they're going to make your life difficult. I'm dealing right now with a particularly obnoxious debt collector who refuses to stop looking even though my client is on full disability and brings in less than $15,000 a year.
They will garnish disability leaving you homeless.
They are heartless, ruthless and cruel.
We've seen them try. It's awful.
After disputing Midland, I received a letter written totally in Spanish...I found this odd. I can't be certain that they've attempted to call because my phone carrier has added a "spam risk" filter.. . It's beyond the sol to sue in my state, so I highly doubt I received an original "dunning" letter in the first place because I had no knowledge they were collecting until I ordered my credit report. I'm wondering if I should send a written validation of debt letter requesting original account level documentation to get this debt removed from my credit report, since one of the bureaus has removed the account, but the other "closed" the account but didn't remove, the other says it's still under investigation..I'm under the assumption they can't actually "validate" the debt.
That does seem odd.
If it's on your credit report and they can't sue you for it, see if there's anything inaccurate, obsolete, or otherwise unverifiable about they way they're reporting it, and see if a credit-report dispute (by mail, return receipt requested) works.
@@RWlawFL there are several things to dispute, Dola date is different across the 3 bureaus, a past due amount listed, late payments and the account is listed as" open".. they're trying to report as an original creditor and I am disputing these things... portfolio and Midland are both doing this...the portfolio debt, I recognize, however, their reporting is in violation and has caused ongoing damage to my credit report and they have not contacted me...I just know I had a debt with the original creditor , and it's a credit card that became delinquent in February 2017..the sol in my State is 3 yrs... portfolio received the Debt in 2019...mere months prior to the sol...so of course they'd rather not locate me ...they want me to contact them to arrange payment...I'm so mad about the shady way they've reported, that I don't want to negotiate...I've paid all the collections I've had prior to these two because they weren't purposefully reporting inaccuracies and making a point to not communicate with me via mail...I was never given any original dunning letter for either company...I think I may respond to Midland with a debt validation in Mandarin and show them how this game is played. I am permanently disabled...I have nothing but the time of day.
You’re got tons of ammo and time on your hands… I’ll bet Midland and Portfolio are going to regret crossing paths with you!
What state are you in?
What if the debt is valid? What is the next step and the timeline for you to respond ? Thank you !
If EVERYTHING about the debt is valid, you can still negotiate based on collectibility and ability to pay. However, keep an eye out for debt collection violations that have nothing to do with validity of the debt.
Leverage is everything.
Question- Can you write a Cease and Desist letter asking them to stop calling and aldo ask at the same time for verification of the debt with the original owner? Also, if you receive a letter with a payoff amount and it's over 7 years should you pay it? Thank You. 🙂
You can write them and tell them phone calls are not a permissible way to reach you and they should only contact you in writing, AND ask them to mail verification because you dispute the debt.
Send it certified mail return receipt.
As far as the 7-year question goes, that depends on what state you’re in.
Debts discharged after 7 years. If you pay it then it will continue on your credit for an additional 7 years
Florida law does re-start the clock after any payment, so that's definitely something to watch out for.
Thanks Ricardo &Wasylik PL, Appreciate your sharing your law knowledge. It’s very helpful. My question is, can this information apply to a person that was a bail bondsman cosigner for a person that was incarcerated. Thanks
I hope my question was clear.
UPDATE: I was curious and took a quick look-found one case that says the FDCPA *does* apply to bail bonds: Barlow v. Safety Nat. Cas. Corp., 856 F. Supp. 2d 828, 834 (M.D. La. 2012)
--
I don't know if a bail bond is considered a "consumer debt" for purposes of this law-I can think of reasons that it might or might not be. If not, this law wouldn't apply.
I've never run across that specific fact pattern before so I haven't researched it.
Appreciate this video. I broke my rental lease 3 months early due to an untimely active leak and mold in my bathroom. I have documentation of several attempts to remedy the situation with no response. Emails, letters, phone calls, etc. The management company sent me a letter of the outstanding balance ($3,700) and said in 14 days it will be given to their collection agency. Should I wait to hear from collections and dispute it? I'm in Pennsylvania.
You probably need to ask that question of a Pennsylvania lawyer who handles landlord/tenant law.
@@RWlawFL Most states have an office for rental and landlord issues...Fair Housing something. It is free.
In Florida, that office handles mainly housing discrimination, not mold issues. Maybe Pennsylvania's office is different.
If they did not fix the mold they broke the lease, you can sue them.
@dalesingle5534 This is true in many states.
Thank you so much this was very helpful to me! I lived in New York back in 2017 and had a utilities company that I owed however I moved to California and the pandemic hit and one thing after another so the collection agency is what is on my report not the original company and now 6 years later even a new collection agency is emailing me. I think it's best at this point to just hope it falls off in 7 years but I don't see how the other company could have reported it? What to do!
So in California, call Mike Cardoza www.cardozalawcorp.com/ or Jay Rahimi: www.jrahimilaw.com/
@@RWlawFLthank you!! Will do!
You're welcome! Good luck!
Great video, I have question, after I sent dispute letter to my debt buyer, they sent me all statements, they also provide me my last four digits of social security number. Is my original creditor allowed to sell my ssn to debt buyer?
Last four digits only? Not something we'd sue over in most cases.
@@RWlawFL thanks for your reply
Thank you so much for all of this great information. Where do I find the letter?
ua-cam.com/video/9e5xEyw58Lo/v-deo.html
Just be aware that they will simply state that the debt has been verified and proceed with collection practices.
Been there, done that. paid the bill.
Assuming the debt is valid is FRAUD on their part.
Many debt collectors will do that. In the process, they often do things that violate federal and state debt collection laws-and that's where the real leverage kicks in.
This is information you probably didn't have at that time.
Should you ask the dept collection company do they have the legal right to collect on the dept
You can ask anything you want, and you might get some helpful information in return.
And if it’s in collections/charge-off/write-off, since May2017, are they allowed to still report late payments monthly? This is really affecting my name.
Once they've charged it off, there shouldn't be any more late payments.
@@RWlawFL mine just says "C" every month since 2019. I didnt know about disputing or anything.
I didnt even know that people could go to the credit bureau's website and dispute it. This is the ONLY thing in my account that is sticking out like a sore thumb.
Yesterday I typed up a dispute letter to send to the credit bureau. I had a 760-score and because of this 1 collections I dropped to 560. I'm so pissed.
Its no wonder I got denied a card when i applied.
Sounds frustrating! This was a total surprise to you?
Good day boss. Do I have to wait to receive a bill from the debt collector to send in the letter within 30 days? I currently have a car note, how do I handle that? Especially learning they can’t collect when asking for validation also learning in the contract it states “Security instrument secured all obligations.” Meaning the car was paid for already, right?
If the debt collector hasn't sent you anything, how do you know about them? If they're reporting to the credit bureaus without contacting you, that's now illegal (see my "Sneak Attack" video: ua-cam.com/video/G9qyzXmEr78/v-deo.html )
If they're sending you letters but failed to send you the required disclosure, that's illegal, too.
I don't agree that the car was already paid for-that just means they have a right to repo the car if you don't pay.
@@RWlawFL Yes I receive a bill for my car every month. I can’t find this month’s bill so do I wait to receive the next bill to send a debt validation letter within that 30-day period or can I send a debt validation letter before receiving next month’s bill?
The debt collector has to send you, within five days of its very first time contacting you, the notice required by 1692g. You have 30 days from the time when you receive that first notice to send your debt validation letter.
If you’re getting monthly bills from a debt collector, they probably sent you this letter along time ago.
However, if you receive a bill from a debt collector, there’s nothing wrong with sending a dispute letter the next time you get a bill from them.
In fact, it’s probably a good idea, because any dispute triggers obligations on that debt collector under the FDCPA.
@@RWlawFL Appreciate you.
You’re welcome!
One main thing you forgot! Make sure you get your letter notarized! When you get things notarized it stands as truth in commerce. 2nd verification is for verification of the original creditor which is the consumer(us). We initiated the transaction with our credit card pursuant 15 usc 1602 look up definition of a credit card it says “ANY CARD” what’s the main card you use for every single alleged contract/debt you get into??? Social security card!Oh and when they send you a contract or they send you statements all it’s showing is proof of who you did business with!! More info ask me!!
"Make sure you get your letter notarized! When you get things notarized it stands as truth in commerce."
This is a very commonly-believed myth. Notarization doesn't do anything for letters except show the debt collector you're getting bad information. So notarizing your letter actuals makes it WORSE for you because they view you as someone who doesn't have the knowledge and skill needed to beat them.
There are only a handful of legal documents that benefit from getting notarized, and letters aren't one of those.
I wanna learn
Keep watching our videos!
Thanks I’m sending that letter Friday
Good luck!
Question: In the initial contact letter from a debt collector, is it a threat for a debt collector to state in their letter that
if a consumer notify their office, disputing the validity of this debt or any portion thereof, within 30 days after receiving this notice, their office will obtain obtain a copy of a judgment?
The FDCPA requires them to make this statement. See 15 USC 1692g (a)(4)
Sherry you are brilliant ! All the best.
Thanks, I think.
Can you explain how to get bankruptcies off LCI if LCI is constantly saying they don’t have personal reports? We cant dispute inaccuracies if they don’t provide a personal report. TransUnion no longer goes through Lexis Nexis. They go through LCI. LCI claims they are not a CRA and does not need to follow the CFPB rules. How can one combat this? LCI follows their own rules.
You can't get bankruptcies removed from LCI because all they're doing is pulling public records.
If TransUnion is reporting a bankruptcy that's not yours, or it otherwise inaccurate (wrong date, etc.) then you can dispute that directly with TransUnion.
If they fail to "reasonably investigate" a valid dispute, you can sue them for damages caused by that failure.
Thanks for all the videos I have a quick question what if it's an old debt you've been ignoring and they continue sending you options to pay with discounts or they're trying to take you to court now can you still respond with the letter on both parties?
Debt validation letters are a response to a collection letter. If they're taking you to court, you need much more than letter, you need a lawyer.
Thank you for sharing all of the the helpful information. I was also told in sending a letter of verification to never sign the letter because they can use that to falsify your signature on any type of agreement. Just type your name at the bottom of your letter. Do you agree with this?
I'm fine with either. There's no legal requirement for you to "sign" a letter, and a typed "signature" would be as legally effective as a handwritten one, anyway.
How do we begin to craft our debt dispute letter?
We teach our complete Debt Dispute Letter System here: rwlaw.mykajabi.com/crush/
This video is very helpful. however i'm only hoping this can help me in my state of GA with my car lease, I'm currently in a situation where the auto company who i leased the car from just when out of business, a few days ago I didn't know who was calling me but i picked up, was asked to verify my identity, and they mentioned who i was leasing through. that was it, i then was curious about it all so i asked was they a third party and was told yes, that's it, never was given information about the lease, never once was it mentioned they were a debt collection company, why they are calling, never received a letter about them or anything. so this is very helpful information as to what i should be doing next to resolve this issue.
Tell them to communicate with you only in writing.
Once you get some kind of written statement, it will be easier for you to figure out what's going on.
Don't give out any information on the phone.
QUESTION, PART 2: Let’s say if there was some type of communication, does the collector have to answer you if you say hello, or if providing a text message, does it have to be a written text message? Plus, let’s say the statute of limitations in a state like NJ is 6 years, and you receive a notification letter 2+ years after the 6 years passed, how would one respond, even if you have doubts of the last payment made in the letter?
I don't understand the first question.
If a debt collector is sending you mail after the SOL has passed, and they fail to warn you about the fact the debt is too old to collect, that's usually a violation of the FDCPA. You can skip the dispute letter and go straight to a lawsuit.
If they did say that in the letter, then I'd look to see if it's still on your credit report because it's probably too old to be there.
If it's not on your credit report and they can't sue you, ignoring them is probably your best option.
Can you explain in house debt collection and how and what you can do, if wrongly sued and dont owe the debt. I know its different than third party. im in missouri. PLEASE!!! No one has talked about this on youtube
In Florida, we'd sue them back for violations of state law.
I don't know how Missouri law would handle that but a Missouri lawyer probably would.
Very good information. I have a question for you that was not covered. What about disputing a debt from a third party who states they purchased the debt and is the new owner? Can't I dispute in the letter to make them prove they have a legal right to even collect this debt? How do I know they really purchased the debt. What do I do in this case. Thanks.
These are debt collectors.
Watch our Debt Collection Battle Plan video to see what you should do next.
Question : How can you request a debt validation letter for medical debt that has been in collection for more than 1 year?
You have the right to get your full medical records and billing records from your medical provider. Request those in writing.
Make sure you got all the treatments you were billed for and the charges line up. Then compare them to the debt collection.
If you find a discrepancy, it's time to sue the debt collector and maybe even the medical provider.
Hi Ricardo
What would you do the amount has been added late fees and interest, can we dispute for the debt amount ?
If they added late fees and interest that the agreement doesn't allow, then they've broken the lasw and I'd skip the dispute letter and just sue them.
If you're not sure whether the agreement allows it, just say you dispute the amount.
Should type and print, or actually write the letter?
It doesn't matter for this type of letter.
Is there a statute of limitations on debt collection, and does the clock start over each time a debt is sold to a different collection agency?
Yes, there is an SOL based on when the original debt first went into default. In Florida it's usually 4 years fromt eh date of last payment.
The only thing that would restart the clock in Florida is if you make a payment.
Thank you for your advice. I never received contract from credit card company. Will that be enough dismiss debt?
Probably not.
thanks@@RWlawFL
You're welcome!
Long story short, financial problems led me to a repo last year. I just today received a letter from a debt collector, the information seems to all have the right one, account number, debt name and address. Seeming as I have no grounds to dispute this debt, does this automatically mean they will sue? Should I still request a validation letter? What are, if any, my options? I live in NC and would love some lawyer recommendations if any. Thanks.
We have a complete course that shows you exactly what to do in response to this type of contact.
Check it out: rwlaw.mykajabi.com/crush/
Great video a lot of information on it, but I’m still having problems with my debts collection is there anyway that I can contact you?
If you're in Florida, you can contact us here: ricardolaw.com/contact/
Hello thank you for this informative video it has been so helpful. I wanted to know if I can send a validation letter after the 30 days if so, will they still pause payments until they send something back?
Legally speaking most of your rights only trigger if you send your letter within 30 days after you received the letter.
From a practical standpoint, they don’t have any way to know when you receive the letter, and if they continue collections even after they receive a dispute letter in which you claim to be sending it within 30 days, they can get in trouble.
This means, from a practical standpoint, they’re pretty much always going to assume that you’re within the 30 day period if you claim it so.
I don’t recommend lying about this, because if it ends up being exposed, you can get yourself in more trouble than it’s worth, but as a practical matter the 30 day time period starts whenever you say it does.
@@RWlawFL Great response, thank you for the help. Your videos have been such a great help to me really appreciate it.
You're welcome!
I live in Arizona and its the "Wild Wild West out here"
You've got to talk to John Skiba. He's the guy bringing law and order to the Wild West.
Than you so much for all of your helpful information! Can you tell me what a “Notice of Assignment to Judgement Debtor” is and why I may have received it?
It sounds like you got sued, they won and got a judgment, and now they're selling that judgment to someone else.
You need to speak with a lawyer in your state right away to find out what's going on.
@@RWlawFL Thanks so much!!
You're welcome!
@@RWlawFL Thanks to your great advice, I found an Attorney who is helping me resolve this issue. He said if I had waited and done “nothing” the consequences could have been quite costly.
Glad to hear you're being taken care of. Please have your lawyer reach out to me ( ricardolaw.com/contact/ ) so I can make sure to add them to our outbound referral list.
Hello. Thanks for this video! I have some credit cards that I stopped paying on and ceased all communication on accounts 6 years ago. Long story. What can I fo to get these off of my credit report? They’ve charged off long ago and a debt buyer has it. I was out of the country for 6 years. How can I repair this? Thanks! Before this , my credit was very strong.
Have you looked at your credit reports?
Each of them should have a so-called “date of first delinquency“ or some other date they show these items will roll off.
If the deaths have been in default for six years, they should roll off in a year or less.
Otherwise, unless there’s something in accurate about the reporting, you’re probably stuck with it.
Thank you for this information. Is there a statute of limitations in Florida? I received a collections statement for an ambulance transport 11 years ago that was on a hospital campus between departments, maybe 500 feet! They claim to have sent previous statements which I don't recall. This was a collection for Miami Dade Ambulance. Thanks!
Give us a call on Monday. This may be a violation of debt collection law.
Thanks for this information on this video. I have a debt collector put it on the credit history without any notifications. No letter, no phone calls, nothing. I feel that this done damage to my credit history. The company that the debt was with, not the collector, received payments and never credit my account. The company the debt was originally with has had problems with other people and their payments not applied as well. They too had collection agency coming to collect from them also. Can I use this against the debt collector or the original company or both?
>The company that the debt was with, not the collector, received payments and never credit my account.
If you can prove that, you not only have a powerful defense, you probably have grounds to sue them and the debt collector for debt collection abuses-at least if you were in Florida.
Great video, I had credit card limit $20000 they reduced to $1300 without properly informed I never received any letter they claimed to send
Glad you liked the video. Sorry they kneecapped you on the credit limit.
Great video…. Just received a subpoena of information letter and I have 14 days to respond can I still send a dispute and validation letter?
If you’ve got a case in court, talk to a lawyer in your state right away.
Hello thank you for this video! One thing I noticed you didn't cover is what if you didn't respond within the 30 days of receiving the letter from the debt collector? Is it too late to request a debt validation? What if you just received papers you were served for a debt collector? Is it still possible to ask for a debt validation letter? I understand that these debt collectors by these collections in the bulk and they don't usually have bunch information. Actually I'm checking for a friend she is also a senior citizen.
You have 30 days to respond to the initial letter that contains the 30 day notice.
If it’s beyond the 30 days from when you receive that letter, you can still send a debt collection dispute to the debt collector, but certain rights will not apply.
Some of our other videos about dispute letters explain this more thoroughly. Try this one: ua-cam.com/video/8Nszw0ur3v8/v-deo.html
Have a default judgment from 17 years ago I knew nothing about and not even mine unless someone used my name and social security number got a wage garnishment notice a few weeks ago and response right away now I have a court date set … the question is can I file a motion to vacate or motion to dismiss or both at the same time and I’m in Florida and possibly looking for a lawyer
Call us Monday. 17 years is a long time, but in some cases it may be possible to reverse.
So on that letter that debt collectors send you, they should put the numbers they intend to call. If it's an Emergency Number that you provided as not an alternative contact for debt related matters, but more of Police had to take subject to the hospital intensive care unit. What if the Credit Card company starts contacting the Emergency Number that was not given to them in the first place? Isn't that a breach/misuse of Trust?
If you want a debt collector to stop calling a particular phone number, you can write them a letter and tell them that it is not “convenient“ for them to call you at that number.
Under US law, they have to stop calling that number. If they continue to call, you can sue them.
How to remove old addresses? And will this help me?
I assume you've got old addresses on your credit report. If you never lived there, then those addresses are incorrect and you can send a letter to the credit bureaus asking them to delete the addresses because they are not yours. (Inaccurate).
But if they're more than seven years old, it probably doesn't make any difference.
What about the four year clause they have in Ca
I'm not a California lawyer, so I don't have an opinion on that.
You might want to check out this video:
ua-cam.com/video/TeK09B6IVBo/v-deo.html
Wht bout adding interest on a debt
If you're in Mississippi, call Alabama Consumer Lawyer John Watts. He may be able to help or know someone who can.
How do I formulate a debt validation letter? Thank you
At 7:13 in the video, we explain that the letter should request verification, and state that you dispute the debt. There are no magic words required, so you should never buy forms from anyone online.
Great info. QUESTION: if you let’s say, live in NJ, and statue of limitations is 6 years, and you receive a letter, and let’s add prompts are added with check boxes for your options, how might you respond, if you respond at all?
I can't tell you how NJ law would apply, regarding SOL, but in Florida, for most people it's better to send a dispute letter like we teach here.
You just earned a sub. Great content.
Glad you liked!
Hi, do you work with student loan fraudulent debt? School is in Florida🙏I sent a dispute through Equifax saying the amount was never authorized (I have documents showing they charged me before my signature date) the school turned out to be a scam and the training was literally backwards so I quit and came back home to California but the school helped itself to the meritize student loan and Meritize allowed the school to help itself to the money ... I contacted the bank couple months ago and they said they are investigating but I still haven't heard back ...
If the debt was a fraud, you're barking up the wrong tree by focusing on the credit bureaus. You need to attack the debt at its source by addressing the school.
Set up an appointment to discuss with us whether you have a valid lawsuit against the school.
I just received a letter yesterday stating that I owe a debt from a gym membership that I canceled back in 2016. I have never received anything from this gym saying that I owe them money or any other collection agency in the past 5 years. I even rejoined that gym this year in January and wasn’t told that I had an outstanding balance. I called them today and the people was rude and talking about settlements and stuff. I told them that I will have to investigate this further before I pay anything. I’m sending the letter today requesting verification. Do you have any advice with this being from something in 2016? Also I’m in South Carolina.
With gratitude,
Starr
We don't know much about SC law so this probably won't be complete. But generally, if the gym itself is trying to collect a debt from you that's not "debt collection" it's a dispute with an original creditor and your options may be more limited.
Don't talk to them on the phone.
Seriously, never talk to them on the phone.
Ever.
Got it?
@@RWlawFL Thank you for responding! I got it and I definitely won’t be talking to the agency anymore. I saw in SC the statuette limit is 3 years and as I stated previously it was in 2016 if it’s true. But when I talked to the agency that one time on the 7th, I never admitted to owing any money. I told them there had to be a mistake and I would check with the gym and that was it. I sent the letter certified mail. And far as I’m concerned thats that for me. Thanks again!
What about Medical debt ?
If a debt collector is chasing you for medical debt, all the same rules would apply. Possible even more.
Thank you so much for this info. Im in Alaska. Being sued by law firm in Washington. credit card. I sent dispute letter. Got another back from them stating we need to communcate before court in late Feb.I will requst the validation letter. Im not sure if they own the debt now or just representing creditor. I guess my Q to them will be do they own and should I ask for full account # along with proof of debt? Thank you for any advice or a contact here in Alaska to speak with. Thank you so much.
The law firm probably counts as a "debt collector" but if you're getting sued, check with a local lawyer ASAP.
Do they need to send the first contact letter by certified or registered mail? I've never received any letter. The collection just showed up on my credit report as a 30 day late. I never had any agreement, contact or contract with this collection agency.
> Do they need to send the first contact letter by certified or registered mail?
No.
> I never had any agreement, contact or contract with this collection agency.
No one ever does. That doesn't help you.
If the information on your credit report is somehow wrong, you have the right to dispute it. Write a letter to the credit bureau explaining what is wrong about it.
Hi Mr. Wasylik, I just came across your page which has been very informative and helpful. My questions to you are as followed... So if I have not received an actual paper letter first, that's a violation on their part? Because I have not received any letters from 5 companies that have been texting or emailing me about them trying to collect a debt. Nor are 3 out of the 5 have placed anything on my credit report. What are my rights? What plan of action should I be taking going forward? I also have a collection on an account that has been settled with the court and was discharged, this issue is being done by LVNV Funding. How should I handle this problem also? Can they do that?
I am not located in Florida.
Three issues here:
1. No Written Notice Provided: Debt collectors are required under the FDCPA to send a written notice of the debt within five days of their initial communication. This notice doesn’t have to be sent via paper mail-it can be emailed or sent by text message, as long as it includes all the required details about the debt. If you haven’t received such a notice, it may be a violation of the law.
2. Credit Reporting Issues: The fact that some of the debts haven’t been reported on your credit doesn’t exempt collectors from following the law. They’re still obligated to provide proper notice and comply with all regulations.
3. LVNV Funding: If the debt they are trying to collect was settled through the court and discharged, they likely have no right to pursue it further. Continuing collection attempts could violate the FDCPA. Consider sending a debt validation request to confirm their authority to collect.
Since you’re not in Florida, I’d recommend consulting a consumer lawyer in your state who can evaluate your situation and guide you through the process. Let me know if you need assistance finding one!
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How can i clear or stop child support payments ? I am broke now and cant get anyhere with this .
Nothing on this channel will help you for child support issues because that’s not “consumer debt”.
Hey I’m from Canada, it’s difficult to find equivalent information here. Is there any advice or resources you could recommend ? Thank you 🙏
I wish I knew. You already realize US law won’t apply in Canada and I have no idea who might know this type of law there.
My understanding is that verification and validation are two separate things. But you seem to be speaking of them as interchangeable and being the same. If the collection company cannot provide you with a signed contract from the original creditor that expressly allows them to sell off any debt or portion of your contract with them it should then be invalid under contract of law. Verifying is just saying that we have confirmed that you are indeed the person that is listed on this bill of debt.
> My understanding is that verification and validation are two separate things
Watch this video to learn more about what those terms legally mean: ua-cam.com/video/WBpQOxdFWhU/v-deo.html
Question: The first contact from the debt collector was a lawsuit against me. Are they still required to send me a debt validation form?
Generally not.
Talk to a lawyer right away.
You can still demand validation, but you need to address the lawsuit with real legal help.
Hi Ricardo, what if a collection agency comes back verified with only the front page of a judgement from a law firm?
If there's a judgment against you, you've already lost. That's why it's so important to talk to a lawyer before your court date.
Are you in Florida? There's a slim chance we can help.
What if you weren’t aware of a court date. No collection calls or mailing. Only way I found out was through a bank levy…
If there's a bank levy, that means there's a judgment and you probably need a lawyer to review the court file to see if there's any way to help you.
What do you do if you are told you have a utility debt from the pandemic in NY? How do you handle that when the government is paying bills.?
I would wonder:
Who was telling me this?
What did they propose to do about it?
Whether I, or someone else, we’re supposed to pay that debt?
Whether the debt had already been paid?
Then I would form a plan of action from there.
What do you recommend for persons on permanent and total disability?
Depends on what you’re trying to accomplish. They probably can’t get any money out of you but a judgment could be a hassle if they sue you.
Hello sir it's much interested me to learn from your guidance of debts.
Some one borrowed money from me but never atterm to pay up, it takes 2 years from now. I would really appreciated to have a form of the debts notice please.
Please check for the link in the video description
So helpful information !!
Glad it was helpful!