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.
@RWlawFL Жыл бұрын
Thanks for watching!
@asylumklown48987 ай бұрын
I used your knowledge and actually got my collection deleted! Thank you for the info!!
@RWlawFL7 ай бұрын
Fantastic!
@ArtimosThug10 ай бұрын
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.
@RWlawFL10 ай бұрын
Thank you! One of our goals is to counter all the misinformation out there on the topic.
@rayriddle94627 ай бұрын
@@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 😊
@RWlawFL7 ай бұрын
@rayriddle9462 If you're in Florida, give us a call this week.
@vohawk Жыл бұрын
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.
@RWlawFL Жыл бұрын
Good for you. Common sense is sadly not all that common.
@tigercge49542 жыл бұрын
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
@RWlawFL2 жыл бұрын
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.
@TheEcono8 ай бұрын
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.
@RWlawFL8 ай бұрын
We look forward to speaking with you.
@aarongoodwin4845 Жыл бұрын
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!
@RWlawFL Жыл бұрын
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.
@cassondrad22807 ай бұрын
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.
@RWlawFL7 ай бұрын
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...
@rlg2222 жыл бұрын
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.
@RWlawFL2 жыл бұрын
> 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.
@TheNoodlyAppendage Жыл бұрын
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.
@RWlawFL Жыл бұрын
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.
@CherylBessinger-ib6ql7 ай бұрын
I am in Florida and I am a retired paralegal..i know i have a good case.. just wish someone would listen! Attorneys
@RWlawFL7 ай бұрын
Have you called us yet?
@margelynch3 жыл бұрын
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.
@RWlawFL3 жыл бұрын
We're grateful we inspired you!
@rosewomble5184 Жыл бұрын
Can you report it to the Credit Bureaus, including Lexus Nexus?
@RWlawFL Жыл бұрын
I've never heard of anyone trying that.
@KevinAdams-zr6bz Жыл бұрын
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.
@RWlawFL Жыл бұрын
HIPAA doesn't limit debt collection and you can't sue anyone for violating HIPAA.
@calliopivogiatzis22352 жыл бұрын
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!
@RWlawFL2 жыл бұрын
You had a choice-you just picked the expensive option.
@elizabethestrada8350 Жыл бұрын
@@RWlawFL what choice was that
@RWlawFL Жыл бұрын
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."
@COINsimp2024 Жыл бұрын
What is a debt collection attorney? Do you mean that the lender went and got a judgment?
@RWlawFL Жыл бұрын
Sounds like they're talking about a lawyer who represents debt collectors.
@emosdad42822 жыл бұрын
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?????
@RWlawFL2 жыл бұрын
> 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.
@franceslinhart-rucks2084 Жыл бұрын
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
@RWlawFL Жыл бұрын
It feels unfair, doesn't it?
@cathymdinkc11 ай бұрын
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!
@RWlawFL11 ай бұрын
If you have an old judgment from years ago, you need to speak with a lawyer in Missouri right away.
@rockymountainhandyman79882 жыл бұрын
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
@RWlawFL2 жыл бұрын
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.
@FFOR-g1y3 ай бұрын
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.
@RWlawFL3 ай бұрын
If they mailed the letter within 5 days of the text messages, that probably complies. But the texts might have other violations.
@marktall4468 Жыл бұрын
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
@RWlawFL Жыл бұрын
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?
@LaRuestafish401 Жыл бұрын
I've been waiting on the station like this thank you so much!
@RWlawFL Жыл бұрын
Glad I could help!
@rlg2222 жыл бұрын
I live in Arizona and its the "Wild Wild West out here"
@RWlawFL2 жыл бұрын
You've got to talk to John Skiba. He's the guy bringing law and order to the Wild West.
@laura83412 жыл бұрын
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
@RWlawFL2 жыл бұрын
Check your other comment for our response.
@r.d.3709 Жыл бұрын
Solid, valuable information presented in an easily understood and clear manner.
@RWlawFL Жыл бұрын
Glad it was helpful!
@mattlopez21393 жыл бұрын
Thank you. This is very informative and helpful.
@RWlawFL3 жыл бұрын
You’re welcome!
@oliviamiller3729Ай бұрын
Another great video. Thank you Michael.
@RWlawFL25 күн бұрын
Glad you enjoyed it!
@RichardRobbin3 жыл бұрын
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
@RWlawFL3 жыл бұрын
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.
@06bitty Жыл бұрын
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.
@RWlawFL Жыл бұрын
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.
@micalinat91633 жыл бұрын
Loved the video! Question- what about medical debt that’s years old on your credit? Can you still send a debt validation letter?
@RWlawFL3 жыл бұрын
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.
@vt78143 жыл бұрын
I didn't got any letter from the debt collector (Radius Global) simply just a collection appeared on my credit report.
@RWlawFL3 жыл бұрын
They don't need to send you a letter in order to list it on your credit report.
@rubenguerrajr58332 жыл бұрын
@@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
@amonpangalala3329 Жыл бұрын
Great video, I had credit card limit $20000 they reduced to $1300 without properly informed I never received any letter they claimed to send
@RWlawFL Жыл бұрын
Glad you liked the video. Sorry they kneecapped you on the credit limit.
@NXPfamvlogs11 ай бұрын
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!
@RWlawFL11 ай бұрын
Glad you liked the video. I've never heard of a "debt Validation company." What promises are they making you?
@stevenebesni24322 жыл бұрын
Thank you for this video. Received a letter on Friday….. they called me 3 days before.
@RWlawFL2 жыл бұрын
Good luck!
@primetimepropertysolutions20893 жыл бұрын
This was really informative!!
@RWlawFL3 жыл бұрын
Glad you found it helpful!
@havokraynor5758Ай бұрын
I was called 2 weeks ago that I owe for a water bill at an address that I do not live at, I told the collector that the I called the water company on behalf of the owner of the house, I was in the middle of purchasing the house and the bank withdrew from the loan, hence I never lived at that address nor did I benefit from the water that put into that cistern of that home. I also did not with in the past year receive a bill or was notified by the water company that I owed a bill, my first knowing about this was a call from the collector
@RWlawFLАй бұрын
If a debt collector is collecting a consumer debt you don't owe, they are violating the law. If you're in Florida, we may be able to help. Give us a call at 352-567-3173.
@christisimon9282 жыл бұрын
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?
@RWlawFL2 жыл бұрын
If it’s on your report and it’s not accurate, you can dispute it with the CRA.
@kendrabonds6901 Жыл бұрын
Also ask them for the blue wet ink signature not a copy but the original signature
@RWlawFL Жыл бұрын
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.
@lindaturner6518 Жыл бұрын
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.
@RWlawFL Жыл бұрын
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.
@freedomforever1962 Жыл бұрын
They will garnish disability leaving you homeless. They are heartless, ruthless and cruel.
@RWlawFL Жыл бұрын
We've seen them try. It's awful.
@josettemills64602 жыл бұрын
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.
@RWlawFL2 жыл бұрын
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.
@kathleenkatori10 ай бұрын
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!
@RWlawFL10 ай бұрын
So in California, call Mike Cardoza www.cardozalawcorp.com/ or Jay Rahimi: www.jrahimilaw.com/
@kathleenkatori10 ай бұрын
@@RWlawFLthank you!! Will do!
@RWlawFL10 ай бұрын
You're welcome! Good luck!
@lilyliz91482 жыл бұрын
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
@RWlawFL2 жыл бұрын
> 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: kzbin.info/www/bejne/jXuWm4GBntuoY5Y
@sniper-lt9pd Жыл бұрын
Sherry you are brilliant ! All the best.
@RWlawFL Жыл бұрын
Thanks, I think.
@tswpholla3 жыл бұрын
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?
@RWlawFL3 жыл бұрын
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.
@tswpholla3 жыл бұрын
@@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
@marvinlee34502 жыл бұрын
Its called defective process
@RWlawFL2 жыл бұрын
> Its called defective process Possibly! It depends on state law.
@dianamurkey98622 жыл бұрын
I'm in Florida
@lisadefina275310 ай бұрын
I sent the reply dispute tear-off at the bottom of the letter. I did not send it certified. This 21:23 my first time disputing with a collection agency. I sent it within the time limit they allowed. I did some searching and realized I should send the certified. I sent a written dispute letter and realized later I sent it to the address on top of the letter still within the time allowed. They did respond to it. Afterward, I sent another dispute after examining the info they sent. Will that hurt me? Also, they reported on my credit report... not ad a dispute. This was an account that was disputed with the original creditor, they basically ignored my requests and negatively reported on my credit report.
@RWlawFL10 ай бұрын
Once you send the first dispute, a second dispute doesn't do you much good. Either you found a violation or you didn't.
@emmanuelferdilus93423 жыл бұрын
Thank you for making a KZbin 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?
@RWlawFL3 жыл бұрын
Regarding the SOL issue, we've got a whole video on that, so check it out! kzbin.info/www/bejne/ipauYWx4a66JeNE 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.
@emmanuelferdilus93423 жыл бұрын
@@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!
@RWlawFL3 жыл бұрын
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.
@emmanuelferdilus93423 жыл бұрын
@@RWlawFL Thank you very much!
@RWlawFL3 жыл бұрын
You’re welcome!
@perffecto2010 ай бұрын
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
@RWlawFL9 ай бұрын
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.
@KP-vl1to3 жыл бұрын
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.
@RWlawFL3 жыл бұрын
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.
@KP-vl1to3 жыл бұрын
@@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.
@RWlawFL3 жыл бұрын
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?
@rydahsonly2 жыл бұрын
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?
@RWlawFL2 жыл бұрын
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: kzbin.info/www/bejne/fWrUqq2OoqqlbZo ) 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.
@rydahsonly2 жыл бұрын
@@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?
@RWlawFL2 жыл бұрын
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.
@rydahsonly2 жыл бұрын
@@RWlawFL Appreciate you.
@RWlawFL2 жыл бұрын
You’re welcome!
@DKwildrift2 жыл бұрын
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.
@RWlawFL2 жыл бұрын
You probably need to ask that question of a Pennsylvania lawyer who handles landlord/tenant law.
@bluewaters3100 Жыл бұрын
@@RWlawFL Most states have an office for rental and landlord issues...Fair Housing something. It is free.
@RWlawFL Жыл бұрын
In Florida, that office handles mainly housing discrimination, not mold issues. Maybe Pennsylvania's office is different.
@dalesingle5534 Жыл бұрын
If they did not fix the mold they broke the lease, you can sue them.
@RWlawFL Жыл бұрын
@dalesingle5534 This is true in many states.
@TimeisUp222 жыл бұрын
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.
@RWlawFL2 жыл бұрын
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.
@barronsimmons67993 жыл бұрын
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!!
@RWlawFL3 жыл бұрын
"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.
@BigWheezy812 жыл бұрын
I wanna learn
@RWlawFL2 жыл бұрын
Keep watching our videos!
@trecaesar98203 ай бұрын
Thanks I’m sending that letter Friday
@RWlawFL3 ай бұрын
Good luck!
@Ann-ub4mf2 жыл бұрын
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. 🙂
@RWlawFL2 жыл бұрын
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.
@kimmyk1 Жыл бұрын
Debts discharged after 7 years. If you pay it then it will continue on your credit for an additional 7 years
@RWlawFL Жыл бұрын
Florida law does re-start the clock after any payment, so that's definitely something to watch out for.
@jr40629 ай бұрын
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?
@RWlawFL9 ай бұрын
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.
@blackjusticemedia3 жыл бұрын
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
@RWlawFL3 жыл бұрын
> 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.
@RWlawFL2 жыл бұрын
> 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.
@burntbronze.90822 жыл бұрын
Freeze your credit report so no one can get access without your authorization
@RWlawFL2 жыл бұрын
This doesn’t stop soft pulls, only hard pulls related to credit applications.
@halturt70462 жыл бұрын
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
@lalthapa42583 ай бұрын
Hi Ricardo What would you do the amount has been added late fees and interest, can we dispute for the debt amount ?
@RWlawFL3 ай бұрын
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.
@saadkhan3483 жыл бұрын
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?
@RWlawFL3 жыл бұрын
Last four digits only? Not something we'd sue over in most cases.
@saadkhan3483 жыл бұрын
@@RWlawFL thanks for your reply
@DirksBentley Жыл бұрын
How can i clear or stop child support payments ? I am broke now and cant get anyhere with this .
@RWlawFL Жыл бұрын
Nothing on this channel will help you for child support issues because that’s not “consumer debt”.
@mrtravelguy78673 жыл бұрын
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.
@RWlawFL3 жыл бұрын
Once they've charged it off, there shouldn't be any more late payments.
@TwstedTV3 жыл бұрын
@@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.
@RWlawFL3 жыл бұрын
Sounds frustrating! This was a total surprise to you?
@redwolfacutinaantam772510 ай бұрын
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.
@RWlawFL10 ай бұрын
> My understanding is that verification and validation are two separate things Watch this video to learn more about what those terms legally mean: kzbin.info/www/bejne/jXPTgoKumauKnrc
@crazysquirrel9425 Жыл бұрын
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.
@RWlawFL Жыл бұрын
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.
@patricklancaster868410 ай бұрын
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
@RWlawFL10 ай бұрын
Call us Monday. 17 years is a long time, but in some cases it may be possible to reverse.
@ruebenshaw3 жыл бұрын
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?
@RWlawFL3 жыл бұрын
The FDCPA requires them to make this statement. See 15 USC 1692g (a)(4)
@dolphin1346 Жыл бұрын
My wife received a notice of LLC was suing her. She filled a motion to see a Judge. This debt was from 1997. So they came to an agreement to take out $50.00 a month which they took out for approximately 12 months. Then she found a better job & after 7 months they started taken out 25% of her check for 2 months. So bi weekly direct deposit & taking out over $225.00 on each check without notify her until it was to late. She had to get another job to stop this garnishment. What should she can do to get that money back & sue the shit out of this company? And due to inflation our rent from $1450 a month to $2075 a month here in Coconut Creek. She worked 80 hours every 2 week & got paid approximately $1800.00 before taxes. Minus taxes, Minus insurance, life insurance & then 25% of her check. So after they take out all that money her check is Barely $1100.00. I know you gotta pay your taxes and insurance and so forth, but that 25% it's just to much. She had to find another job ALL BECAUSE OF THEM. Thank U For this helpful information. Clear Violation. They are sneaky bastards. Thank u
@RWlawFL Жыл бұрын
If they broke their agreement with her, that's a violation of law. Call the office first thing Monday and let's set up a time to talk.
@medina14923 жыл бұрын
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?
@RWlawFL3 жыл бұрын
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.
@cjboac9864 Жыл бұрын
To the 3 credit bureaus!
@RWlawFL Жыл бұрын
Good luck!
@Dubyaboy-lo1ot4 ай бұрын
Hey I’m from Canada, it’s difficult to find equivalent information here. Is there any advice or resources you could recommend ? Thank you 🙏
@RWlawFL4 ай бұрын
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.
@rg75462 жыл бұрын
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?
@RWlawFL2 жыл бұрын
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)
@alkalinea7x2 жыл бұрын
I am being sued by DentalWorks / the Bank of Missou. My question is is the bank or the dental office sue-ing me? Why would a bank own a dental office. Yes it was shady practices that left me missing 2 teeth.
@RWlawFL2 жыл бұрын
Hard to say what’s happening there except it sounds like you haven’t spoken to a lawyer yet. You should do that very soon.
@sharimanning54436 ай бұрын
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?
@RWlawFL6 ай бұрын
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.
@KP-vl1to3 жыл бұрын
Jefferson capitol has never sent a letter , but I also haven't received any calls.. Only just saw them on my credit report...it's for a Verizon phone bill from 2017...with an sol of 2 years..
@RWlawFL3 жыл бұрын
If any entry is on your credit report, and you think it's inaccurate, obsolete, or unverifiable, you have the right to dispute that entry. We strongly recommend you do it by mail, certified return receipt requested (green card!) so you have proof of mailing and receipt.
@KP-vl1to3 жыл бұрын
They have removed their tradeline from my report...it wasn't mine.
@danmountain802711 ай бұрын
Question : How can you request a debt validation letter for medical debt that has been in collection for more than 1 year?
@RWlawFL11 ай бұрын
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.
@BigRigJeffro3 ай бұрын
I have an “attorney” who sent me a threatening letter stating she will take me to court if I don’t pay. I emailed her back and forth and then asked for verification. She hasn’t talked to me in almost two weeks since I did this.
@RWlawFL3 ай бұрын
That's often what happens. Congrats!
@loulupero414710 ай бұрын
Thank you for your advice. I never received contract from credit card company. Will that be enough dismiss debt?
@RWlawFL10 ай бұрын
Probably not.
@loulupero414710 ай бұрын
thanks@@RWlawFL
@RWlawFL8 ай бұрын
You're welcome!
@RJ-luci Жыл бұрын
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?
@RWlawFL Жыл бұрын
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.
@RJ-luci Жыл бұрын
@@RWlawFL Thanks so much!!
@RWlawFL Жыл бұрын
You're welcome!
@RJ-luci Жыл бұрын
@@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.
@RWlawFL Жыл бұрын
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.
@danachauvin9056 Жыл бұрын
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.
@RWlawFL Жыл бұрын
The law firm probably counts as a "debt collector" but if you're getting sued, check with a local lawyer ASAP.
@gonzalez8330Ай бұрын
Where do I get the debt validation letter from? I just received a summons taped to my door.
@RWlawFLАй бұрын
It's in the video description: rwlaw.mykajabi.com/crush
@carolynharveyfoxtrot2 жыл бұрын
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.
@RWlawFL2 жыл бұрын
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.
@darbylettick3008Ай бұрын
Do you have a guy or gal in Texas that can assist as I just got a letter like that at 69 years old demanding all the lands I have to pay for a debt, a old judgement that had no amount due, accounting of the amount, and a verification they owned the AJ. My response was in writing and demanded a total to pay of... accused them of beating me as if they had a bat by making demands I could not cure with money but only my homestead and many other land I own. The bought a judgement from a bank that is on a toxic property as an attempt to dodge the CERCLA rules on contaminated property and predatory lending. If I pay this off I will have the full list of damages and harm from their conspiracy that goes into RICO, FDTPA, and other federal laws that will require I have a great lawyer if I take it to court or have to use the bankruptsy courts to make it federal dispute of debt showing it was gained illegitimately. Send help?
@RWlawFLАй бұрын
In TX, call Bill Clanton or Daniel Ciment. Both lawyers should be able to help.
@jeryl88038 ай бұрын
Hello. What do you say about collection company texting a person? I'm in Michigan. Thank you.
@RWlawFL7 ай бұрын
We recently wrote about how to deal with text messages: kzbin.info/door/cd-Vm_H-CX6sVcOQMBehgQcommunity?lb=UgkxTPGpQj8Hdw6-WlNu4ZV396fTpbOV_qAP
@nathanevans28463 жыл бұрын
Should you ask the dept collection company do they have the legal right to collect on the dept
@RWlawFL3 жыл бұрын
You can ask anything you want, and you might get some helpful information in return.
@RWlawFL3 жыл бұрын
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@nerissamartinez36693 жыл бұрын
Question, Transunion suppressed my husband account for 6 months now and they are not giving explanation of why. They asked to verified his ID with social security which he did and send all the info to them but they still said we can't unsuppreses the account and he never give permission for this.... can u help why they did that?
@RWlawFL3 жыл бұрын
> suppressed What do you mean by this?
@nerissamartinez36693 жыл бұрын
@@RWlawFL transunion suppressed the account permanently. I believe mean they don't let him access his own credit score or reports. Neither bank will able to pull his info.
@nerissamartinez36693 жыл бұрын
@@RWlawFL we will planning to build a house and now we can't do nothing bc this. We have an idea of why this happens but not completely sure. He open an account with navy federal and they denies him but they did a soft pull w tranunion. They were not able to verified him bc of course THEY navy put my husband name wrong. We fixed the problem w the bank but after that he start having problem w transunion.
@RWlawFL3 жыл бұрын
That is very strange. It sounds like they might be worried about a security issue. What state are you in?
@KarasCyborg Жыл бұрын
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?
@RWlawFL Жыл бұрын
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.
@SakuraMichi28 күн бұрын
I don’t remember in the initial letter said that I have the right to request a validation🤔 Also, the debt buyer failed to give * An itemization of the current amount of the debt that reflects interest, fees, payments, and credits since a particular date.
@RWlawFL23 күн бұрын
Only the first letter needs that. You can still tell them you dispute the debt.
@lynphilion15012 жыл бұрын
So I have done this. Only they sent back a detailed list of the debt. However it was a debt I had already paid to another debt collector.
@RWlawFL2 жыл бұрын
As I responded in another thread, if you've paid the debt and someone's still trying to collect from you, it's almost certain that someone is breaking the law. You need a lawyer (who might be able to do this for free) to help you enforce your agreement.
@ambersmith81712 жыл бұрын
Sorry for the previous comments regarding my situation it's just a very frustrating matter :-) I did call into your office and was referred to a law firm near where I live however the law firm actually defends the credit agencies and not the consumer :-) McGrath North law firm was the information I was given but they do not represent the consumer they represent the agencies.. 😁 Thought I should pass that on. Thank you so much for your videos though they are fantastic
@RWlawFL2 жыл бұрын
Thanks for the update-we'll make sure we update our list.
@trinasworld9377 Жыл бұрын
I'm in Florida they called them they sent a certified letter from ARS . By the Way I'm in Florida
@RWlawFL Жыл бұрын
Give us a call-we can help you handle this if the billing is wrong. ricardolaw.com/contact/
@StephenSeaton-kd8ek Жыл бұрын
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.
@RWlawFL Жыл бұрын
These are debt collectors. Watch our Debt Collection Battle Plan video to see what you should do next.
@mikelanners48297 ай бұрын
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?
@RWlawFL7 ай бұрын
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.
@collin669 Жыл бұрын
How do we begin to craft our debt dispute letter?
@RWlawFL Жыл бұрын
We teach our complete Debt Dispute Letter System here: rwlaw.mykajabi.com/crush/
@thomascook8915 Жыл бұрын
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?
@RWlawFL Жыл бұрын
>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.
@honeyb9963Ай бұрын
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.
@RWlawFLАй бұрын
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!
@rosiemontenegro5985 Жыл бұрын
Debt Collectors been calling me haven’t send no letters they ask to speak with you on a recorded line. I just say to them (you have the wrong number.) they say ok i will remove your number from our list. 😂
@RWlawFL Жыл бұрын
Reach out to us first thing Monday: ricardolaw.com/contact/
@MichaelDelirai9 ай бұрын
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.
@RWlawFL9 ай бұрын
Please check for the link in the video description
@M.Andretti948 ай бұрын
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.
@RWlawFL7 ай бұрын
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/
@chadpreece970 Жыл бұрын
Is there anything you can do when a collection computer operates under a umbrella company with 7 or 8 different collection company business and they keep selling it back and forth between themselves.
@RWlawFL Жыл бұрын
Sue them all and let the judge sort them out. Watch our Debt Collection Battle Plan video to see what you should do next.
@shirleydavis1935 Жыл бұрын
I’ve just watched another person’s video in regards to debt verification letter.. She stated that this letter must reveal the original creditor. The debt collectors will most likely not be listed.
@RWlawFL Жыл бұрын
The debt collector is the one who sends you the letter so it’s easy to tell. And yes, they are also supposed to list the original creditor.
@dstratton941910 ай бұрын
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?
@RWlawFL10 ай бұрын
If you’ve got a case in court, talk to a lawyer in your state right away.
@lauralowery9750 Жыл бұрын
I live in GA and I received a troubling phone call and text message from a lawyer representing a collection agency collecting for Sears. It is a 2016 debt.😢and I never received anything from anyone
@RWlawFL Жыл бұрын
That sounds bad. Who's the debt collector and the lawyer?
@ReallifewithT2 жыл бұрын
Thank you so much for your time and creating this detailed video of midland does not have a license to collect in Georgia how are they able to serve/sue/hire a firm to collect from me ? I’ll send the validation letter
@RWlawFL2 жыл бұрын
Good question. That might violate Georgia law but I’m not a Georgia lawyer so I couldn’t really say.
@crazyc99 Жыл бұрын
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 ...
@RWlawFL Жыл бұрын
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.
@sreasy75123 жыл бұрын
Very Good You say they only have to meet the very low bar to ID you as the Debtor, OK, but since they have opened the door and sent a statement or a few statements, now the consumer absolutely has the right to request PROVE the amount you are seeking STARTING from any point of statements that STATRS with a ZERO balance.
@RWlawFL3 жыл бұрын
Validation is a very low bar. They don’t have to “prove” anything. They just have to provide the bare minimum of information that we talk about in the video. In November, new regulations take effect that describe what information they should provide and it clarifies how low the bar really is.
@thatguy7085 Жыл бұрын
Medical billing is wildly varied. It is as if they throw out a number… any number, and make it high. Then insurance demands Medicare rates… the insurance company then pays that, and they still try to continue billing. It really seems like criminal activity of fraud to me. It would be like me randomly sending out bills, because you used my iPad power to advertise to me.
@RWlawFL Жыл бұрын
Medical billing is a real problem. That’s why it’s so important to get all your records if a debt collector is coming after you.
@thatguy7085 Жыл бұрын
@@RWlawFL This is beyond debt collection. It is criminal. They openly don’t charge people equally and there is no way to know what they are charging. The government must post what they pay, or are willing to pay under Medicare for services. I want them to try to collect, because I want to charge them with fraud. Yes, you can present a charges before a grand jury, even if your government will not.
@RWlawFL Жыл бұрын
Keep me in the loop on those grand jury charges. If those go through they would be a powerful precedent for some civil claims to recover money.
@sean133 жыл бұрын
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.
@RWlawFL3 жыл бұрын
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.
@nymmphette84 Жыл бұрын
Can you use debt validation to get rid of or reduce current credit card debt without going to a debt collector first?
@RWlawFL Жыл бұрын
Debt validation demands only apply to debt collectors because they are a product of the Fair Debt Collection Practices Act.