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@jonwilliams1982 жыл бұрын
I swear this is the only Guy I actually listen to everything he says. No BS, just gold nuggets
@RWlawFL2 жыл бұрын
Thanks!
@jonwilliams1982 жыл бұрын
The way you link the next video because its exactly what i need is awesome
@RWlawFL2 жыл бұрын
Thanks!
@agilitymediallc1185 Жыл бұрын
absolutely the best advice out of searching for how I was going to deal with a debt collector trying to hold me responsible for my deceased mothers debt. Thank you so much.
@RWlawFL Жыл бұрын
Glad we could help!
@ZayValentino Жыл бұрын
How did it go?
@RWlawFL Жыл бұрын
If she's passed away, they're going to have a hard time collecting from her. Do you have the same issue?
@leliahood5372 жыл бұрын
I'm so excited to have this information. I can't wait to do this & finally have better credit & be able to tell them stop leave me alone. You really know this stuff but lol I'm trying to keep up with you & take notes. But I end up backing up & playing again & again because you're a very quick talker. At least you're very articulate & that help a lot.
@RWlawFL2 жыл бұрын
Sorry about the fast talking. We like to get as much information out as quickly as possible, and keeping the pace of the videos snappy helps people not get bored. You can always watch at a slower speed on the playback. But we’re really glad the videos help.
@RickyG2253 жыл бұрын
Everyone- This man here is so helpful with giving direction on these delicate matters. I want to give him some kuddos and high praise for all of his help and assistance. Just ask a question and he will deliver. Thanks so much sir and God Bless!
@RWlawFL3 жыл бұрын
We’re so glad you find these helpful.
@KatherineH19862 жыл бұрын
I have a rental company that added $1000’s of dollars in repairs after I moved out that were improvements the company needed to make to the property and not any sort of damage that came from my living there. Basically they invested in raising the value of their property and charged me for the improvements. I caused zero damage to the property but they kept my deposit and charged me for improvements they wanted to make to their property!
@RWlawFL2 жыл бұрын
Landlord/tenant law is very state specific and you probably need to speak with a landlord/tenant lawyer in your state about whether the landlord has broken the law, and whether you have the right to recover your security deposit or any other damages.
@acbarker5311 Жыл бұрын
All I wanted was a sample letter for debt verification. And you got into the weeds about lawsuits and juries.
@RWlawFL Жыл бұрын
We have other videos that specifically offer free templates. I’m glad that we could give you even more than you asked for.
@leisurelawn5 ай бұрын
I took notes and used suggestions you gave that fit our circumstance. We have not been able to get them to quit calling. But after emailing specifically with your words, just one week later, I receiveved an email from the collection agency stating this: Thank you for providing this information. We have updated the details on this account and have marked the account as dispute. Based on your email, we will cease calls to all phone numbers that we have for you regarding this matter. Thank you!
@RWlawFL5 ай бұрын
Glad that worked!
@shengloan2 ай бұрын
I’m so fortunate and grateful to have mistakenly land on your channel and video. Your advice is clear and cuts through the BS. I’ve been watching the others and definitely understand your clear and concise directions! Thank you !
@RWlawFLАй бұрын
I'm glad you found it helpful!
@nancyanny Жыл бұрын
Your videos are helping us so much, thank you. We have a PRA collection over a disputed dental bill (our dentist didn't submit the bill to the 2nd insurance, then put it into collection without resubmitting the bill, and we have our ins. company stating that they never received the bill at all!), so we were disputing our bill w/ the dentist, who then sent it to quick collections, and I ignored it (i had a daughter in the hospital, i wasn't being rude, just distracted w/ serious business of life), and at some point PRA bought the debt and I'm not disputing the debt at Transunion, and waiting for them to tell us they're going to sue us, so we can try to settle w/ the lawyers. Thank you so much for all these tips, i'm watching every vid and trying to fig out how and when is that sweet spot to wait for the settlement request. I work for lawyers and am having them help me put my settlement req together :) tho we are only in the honeymoon stage (phone calls from PRA so far). Thanks again!!
@RWlawFL Жыл бұрын
I’m glad to hear you found out videos helpful and that you have access to good legal help.
@BeTrue2Yourself4133 жыл бұрын
Really helpful video about debt collection solutions. I had a auto loan creditor reported I was late on a payment after the car has been traded-in.
@RWlawFL3 жыл бұрын
Glad this was helpful!
@natedogg78236 ай бұрын
So many great answers in the comments! Sir, YOU ROCK!
@RWlawFL5 ай бұрын
Glad you like!
@goldengate44633 жыл бұрын
Great information attorney really appreciate it! Keep up the good work!
@RWlawFL3 жыл бұрын
Thanks for watching!
@dsadasey Жыл бұрын
GOLDEN information
@RWlawFL Жыл бұрын
Glad you liked it!
@journeefarms10693 жыл бұрын
Thanks for the great information , Ricardo.
@RWlawFL3 жыл бұрын
My pleasure! (This is Mike, by the way-Jason's my partner, and I'm the guy in this video)
@jmjlej4 ай бұрын
This is great information that only lawyers can give but the only thing he has not told you is that if that debt is more then 7 years old it has to come off your credit once you inform the credit bureau about the debt being over the 7 year mark
@RWlawFL4 ай бұрын
I talk about that in other videos, like this one: kzbin.info/www/bejne/ipauYWx4a66JeNE
@carmenmirandaaa8 ай бұрын
7:48 So wait.... you said they don't have the right to contact OTHER than suing us. Does that mean if they still think the balance is valid even after we've disputed, they can just go straight to lawsuit without warning??
@RWlawFL7 ай бұрын
Yes. But if you're right, you can fight it. If you're not sure, you get to find out through discovery. It's very risky for them to sue you once you've disputed.
@tambanyuma363 ай бұрын
What about if you didn’t get no letters or emails from debt collectors and they reported you to credit bureau?
@RWlawFL3 ай бұрын
Then they've probably broken the law and you can skip 5e dispute step and go straight to the lawsuit part.
@SaintTrinianz4 ай бұрын
Impoverished senior citizen, creditor sued while yet in a payment program. Case dismissed with prejudice. Debt charged off... and they're STILL attempting to collect. Honestly, I would have been happy to pay, but I am in poor health, living in my vehicle, struggling to survive, like so many people now...
@RWlawFL4 ай бұрын
If you're in Florida, we can help. Call us today: ricardolaw.com/contact/
@johnlozano5054 Жыл бұрын
Awesome information. Thanks so much
@RWlawFL Жыл бұрын
Glad it was helpful!
@johnAttiliisАй бұрын
I would like to see if you can help out with old negative account. Just one creditor, could you buy the debt for pennies on the dollar or some other way to get it removed.
@RWlawFLАй бұрын
Are you talking about removing it from your credit report? If so, watch this video: kzbin.info/www/bejne/oZq5p3-fr7N8oNU
@angiemorales82975 ай бұрын
That's great. Here in our country debt collector doesn't show any debt statement from the bank. Only total amount, even if so much error from the system they will forced you unreasonably to pay without proof of debt.
@RWlawFL5 ай бұрын
That seems unfair. Fortunately, in the US we have better laws.
@Gigi-rg7xy Жыл бұрын
I love your videos! I know you said in some situations we can sue the creditors or credit reporting agencies. How do we find these lawyers that take up these cases. What kind of lawyers are these or what are their titles? I would like to google these lawyers just to be prepared. Thank you!
@RWlawFL Жыл бұрын
I'm one of them. Most of the lawyers you're looking for will either call themselves consumer lawyers, "FDCPA" lawyers, "Debt defense" lawyers, or "FCRA" lawyers. What state are you in?
@phillipjarosz659 Жыл бұрын
I have answered the validation ltr. Now I have a discovery ltr which I will dispute. Attached to it is 6 interrogatory questions I plan on respectfully dispute and decline to answer as it will give a false legal foundation on a fraudulent claim account.
@RWlawFL Жыл бұрын
If you're in court, you should immediately talk to a lawyer before you expose yourself to sanctions for discovery violations.
@benbooker9114 Жыл бұрын
How is it I never liked this video until now 🤔……Sorry for the delay 😅. Great info! Still useful! Thank you!
@RWlawFL Жыл бұрын
Better late than never!
@myacrylicjourney6245 ай бұрын
I see other people’s videos saying that since you never entered into an agreement with the collection agency that you don’t have to pay them.
@RWlawFL5 ай бұрын
Those other people are wrong.
@iMOBJuice Жыл бұрын
I had a mixed credit file with my dad same name I have a suffix. 2 bureaus had my dads birthday and were reporting his medical collection on my reports
@RWlawFL Жыл бұрын
That sounds like a nightmare. Were you able to fix it or do you still need help?
@iMOBJuice Жыл бұрын
Definitely was a nightmare. I finally got it removed, hoping my scores go up since it's been removed.
@RWlawFL Жыл бұрын
Keep an eye on that. If you've suffered any damages, you can probably sue even though it's now fixed. Mixing files like that is against the law.
@ausdlantein2 жыл бұрын
excellent info, very professional, i seea lot of charges on my credit card that i didnt do it. that why i failed to make payment and then eventually they put me late payment already, i need your help.
@RWlawFL2 жыл бұрын
If they’re not your charges, this may be identity theft. If you’re in Florida, we'd like to speak with you.
@livingstonadamson8957Ай бұрын
What about opt out notices that the original creditor requires by law to be sent to the customer if her or she doesn't wants their non public information to be shared with a non affiliated third party? You can asked for these opt out notices. Under the Gramm Leach Bliley Act.
@RWlawFLАй бұрын
Debt collectors don’t count as “non affiliated” parties because they either act for, or step into the shoes of, the original creditor. And GLB doesn’t authorize private lawsuits to enforce, so it’s effectively useless.
@SassMamii4 ай бұрын
Hi there! I got a validation letter from the hospital of the amounts owed, when asked the debt collector for validation.
@RWlawFL4 ай бұрын
With medical debt, the secret weapon is to compare your medical treatment records to your bill. If you find something you got billed for, but never received, that can be a powerful tool.
@akimyoc26 күн бұрын
Can you dispute a debt that is under the wrong social?
@RWlawFL25 күн бұрын
If the SSN is wrong because it's not your debt, that's a great reason.
@universaldialogue28077 ай бұрын
What happens if I purchased a car got sick during the pandemic while in a bankruptcy that wasn't ruled in my favor with a debt that is now pass the statute of limitations in Indiana, a debt of $18,000 and the dealer has sold the vehicle for $9,000 but their still reporting to the credit agencies as $18,000; what can I do?
@RWlawFL7 ай бұрын
You probably want to speak to your bankruptcy lawyer about this.
@melissaschultz4032 Жыл бұрын
Thank you. How about when you send certified mail letter to the CEO and you do not even get the returned receipt back. Next move.
@RWlawFL Жыл бұрын
Seems like adding the CEO’s name was counterproductive. We never do that. Also, were you able to track delivery? Certified mail allows you to do that.
@vinn08152 жыл бұрын
Hi, Michael! Thanks for this video! I sent a debt validation letter to a debt collector for LVNV. They responded within about a week. They sent 4 different letters within a day of each other. The first 3 had account statements from the original creditor and a statement saying, "this provides verification of debt." I'm still in the process of reviewing everything they sent me and haven't had the chance to answer their letters, but in the meantime, they have been sending me collection emails almost everyday. I was getting ready to write a letter to respond to their "verification" letter but then I got another letter saying we have reviewed the financial transaction history of the account and were unable to validate your claim." I'm not sure what that means though it sounds like they will no longer entertain any further dispute from me. I thought you have up to 30 days to respond but it's been like 2 weeks and it sounds like they're already closing any further communications about it. Am I correct?
@RWlawFL2 жыл бұрын
You only need to dispute once under the FDCPA. Once you dispute that first time, it’s disputed. And you get what you get. But hopefully, you’ve got enough information at this stage to tell whether the debt is yours, and whether the balance is correct. If they continue collections, they do sonar their own risk. Every misleading or false statement they make exposes them to liability under the FDCPA from here on out. One of the biggest misunderstandings people have is that the dispute process is somehow supposed to resolve disputes. It’s not. It’s supposed to give you some bare-bones information to set you on the right path if you need to fight back. And the dispute process isn’t it, at least not after round one. After that, you’ve got to go to court if you want to get anything done. And that means you need the guidance of someone who’s been there before.
@vinn08152 жыл бұрын
@@RWlawFL Thanks for your answer. Resurgent sent me emails and texts almost daily after I sent them my dispute letter. They offered several settlement options and said if I create a profile in their payment portal, I will have other payment options. Is this a good idea to create a profile in their portal and negotiate that way? Or should I send them a letter with certified return receipt offering to settle in writing?
@RWlawFL2 жыл бұрын
> I create a profile in their payment portal Oh, hell naw. I would never allow a debt collector to send me text messages or emails. I'd make them send it in writing, by US mail. And I'd sue them every time they broke the law.
@michelleasunnydays140 Жыл бұрын
@@RWlawFLa debt collector just texted me. the only option is to call them or reply stop to stop receiving texts.
@RWlawFL Жыл бұрын
So.... "STOP" is probably the best response. And then sue them if they continue.
@LunaBobbi Жыл бұрын
New subscriber! You’re amazing!
@RWlawFL Жыл бұрын
Glad you like it!
@empathy_is_only_human Жыл бұрын
In the event that credit information is not showing the original date of delinquency on the credit report.
@RWlawFL Жыл бұрын
Sounds like something you could dispute as incomplete. Once they fill it in, compare it to your records. Watch our Debt Collection Battle Plan video to see what you should do next.
@morenahondurena6 ай бұрын
Hi! Do you have a recommendation for a debt collection lawyer in PG County Maryland?
@RWlawFL4 ай бұрын
I don't have any names for Maryland. Look around for lawyers who handle "debt defense" or "FDCPA" claims.
@brianrichards7006 Жыл бұрын
What does one do if the debt is correctly validated, and one actually owes the debt? Is it best to make an offer to settle with the collection company? And if so, what normally, would a company settle for? Maybe 20% of the debt? thank you.
@RWlawFL Жыл бұрын
Watch our Debt Collection Battle Plan video to see what you should do next.
@SeibroIncGuntersville9 ай бұрын
Do the same rules that apply to Consumer Debt collection apply to Commercial Debt, in my case a UCC Lien?
@RWlawFL9 ай бұрын
No. Very different rules apply. If you've got commercial debt, you need a business lawyer.
@bnicolette812 жыл бұрын
This is great info. What if the debt is only being reported on one credit report and not all three? What should I do?
@RWlawFL2 жыл бұрын
You can send a dispute to the credit bureau pointing out any inaccurate, obsolete, or incomplete information so they can fix it or delete it.
@chrismorgan61493 жыл бұрын
1692f prohibits any interest or fees or additional amount added to the principle. This includes attorneys fees
@RWlawFL3 жыл бұрын
"…unless such amount is expressly authorized by the agreement creating the debt or permitted by law." It's important to read the whole sentence. (15 USC § 1692f (1)) Do you have a situation where a debt collector has added charges or fees without a contract or law allowing them to do so?
@chrismorgan61493 жыл бұрын
@@RWlawFL So then at that point it would be up to the debt collector to prove they have the agreement that allows for fees or law
@RWlawFL2 жыл бұрын
If they wanted to sue you, yes. Otherwise they don’t have a duty to “prove” anything. See our latest video on this.
@chrismorgan61492 жыл бұрын
@@RWlawFL if the debt collector is adding anything to the principal amount, they have to show(prove) they have that agreement to do so. In court or not under 1692f otherwise there in violation
@RWlawFL2 жыл бұрын
Let's unpack this. A debt collector send you a letter. You ask them to "prove" they have the right to charge fees, etc. under 1692f. They ignore you. You sue them claiming there's a violation. Once you're in court, THEN they show the court a copy of the contract authorizing those fees and charges. (They almost always exist) The fact that they ignored you previously isn't a violation. (They don't have to show you the contract, or even have a copy of it themselves, it just has to exist. Nothing in 1692f says otherwise ) You now: 1. have lost your FDCPA case, and 2. are on the hook for the fees and charges you were trying to avoid. If you don't already have your own copy of the contract and already know it doesn't authorize those fees, you're going to have this blow up in your face. If you DO have a copy of the contract, and know ti doesn't authorize those fees, just take them straight to court.
@stephengordon48342 жыл бұрын
Thanks for the great video, I have a car on my credit report that was taken but was settled for a amount and paid but is still on my credit report, is there anything that can be done?
@RWlawFL2 жыл бұрын
Is the outstanding debt amount: 1. Inaccurate, or 2. More than seven years old? If so, you can dispute with the credit bureau that gave you the report.
@sabrinatai319 ай бұрын
Spring capital oak said they will not reinvestigate. They only send old statements.
@RWlawFL9 ай бұрын
If they've already responded to your dispute with statements, it's time to move to the next step in your process-looking for factual inaccuracy. Check out this email course to learn how: ricardolaw.com/fdcpa-course-sign-up/
@journeefarms10693 жыл бұрын
Ricardo, can a medical debt collector send validation which states your diagnosis when they are not the actual doctors office? Does that violate HiPPA
@RWlawFL3 жыл бұрын
Medical providers are supposed to keep your medical information confidential, but there's no way to sue them if they break the law. HIPAA does NOT prevent debt collectors from verifying medical debt, no matter what you've heard around the internet, and if a medical provider leaks private information, you can report them to various government regulators, but you just can't sue because HIPAA does not provide a "private right of action" meaning a right for an individual to sue for violations.
@dorothyderakhshani87642 жыл бұрын
I live in Oregon. I am a ovarian cancer survivor and BRCA1+ so high risk for breast cancer too. Because of this Medicare allows me to have a breast MRI annually in addition to a yearly mammogram. In 2018, Medicare denied the MRI claim and it was sent to collections. The provider said they appealed the denial but Medicare still wont pay them. It likely was billed incorrectly because prior and subsequent years were paid by Medicare and my Medicare supplement. It is important that they bill with both my diagnoses so Medicare would pay for a breast MRI. They should know if medicare might not pay for it and they did not provide me with an ABN. Not only that, I told the provider to make sure both my dx’s are on the Rx or they wont get paid. They did not do it so it got denied that year. They sold the debt to a collection agency without telling me and now I am being sued in small claims court for over $3,600. I answered that I want a hearing. I want to dispute the bill but its a collection agency suing me and they are not the ones responsible for incorrect billing. What should I do now?
@RWlawFL2 жыл бұрын
I would run, or walk, to a lawyer in your area that handles Medicare debt collections. If they are suing you for something you don’t truly owe, you can sue them back and put money in your pocket while making them go away forever.
@ChelyLasVegas6 ай бұрын
What about when the statue’s of limitation in your state has passed? And they still sending letter with a copy of your last statement.
@RWlawFL6 ай бұрын
Depending on what the letter says, that may be a violation of the FDCPA. Are you in Florida? If so, give us a call today.
@khronos27822 жыл бұрын
Great material. I had a bad accident a couple months ago and went to the Hospital. I've been working with the different departments and have a payment plan but the ambulance people sent me to collections 15 days ago. Is that legal in that short amount of time.? What should I do? Thanks
@RWlawFL2 жыл бұрын
I'm not aware of any law that would stop them from trying to collect immediately once the debt is past due. How are the debt collectors interacting with you?
@JBanksPhotography Жыл бұрын
Great video!! I have a question. I disputed and some items were removed, but others came back validated so I went to the CFPB and filed a complaint. More items were removed and some still came back validated. I still see reporting inconsistencies, where amounts and dates are reported wrong on the 3 bureau reports. Should I go back to the CFPB? Because there us no way they did a validation of items are reporting incorrectly.
@RWlawFL Жыл бұрын
It sounds like you're talking about credit reporting, when this video is about debt collection. But if you've disputed an item on your credit report, and it's still incorrect, going to the CFBP usually won't get you relief. The only leverage you have is to sue for violations of the Fair Credit Reporting Act. The CFPB doesn't work on individual cases.
@josephcelestine19452 жыл бұрын
This is great for Debt Collectors under the FDCPA, how about original creditors under the FCRA?
@RWlawFL2 жыл бұрын
This doesn’t apply to original creditors. The FCRA requires you to send your dispute to the CRAs or you have no right to enforce your disputes in court.
@Tuzlak228 ай бұрын
Where do you file a lawsuit against the creditor or reporting agency? At your local courthouse?
@RWlawFL8 ай бұрын
When we file them on behalf of clients, we usually pick the courthouse nearest the client. We don't usually recommend filing them on your own-especially since the lawyer is free if you have a real case.
@AdminAccount-wy4od8 ай бұрын
Thank you for the information. What if their response to the debt validation was just the signed contract ? They didn't provide any account statements to show payments made or how balance was calculated. Also, do you provide virtual consultations?
@RWlawFL8 ай бұрын
In Illinois, you should contact Hyslip Legal.
@jackiejoy18522 жыл бұрын
New subscriber I just received a letter pls tell what to do I’m in Louisiana 👍
@RWlawFL2 жыл бұрын
Thanks for the sub! Our video here talks bout how to respond to letters: kzbin.info/www/bejne/b5aYqXivrJprgtE
@ZZ-we7vt4 ай бұрын
I have a debt collection letter for something I have no clue of nor does it reflect on my credit reports, which I have locked always. Read the letter saying where the debt occurred from and they don't have any information regarding anything with the account number or the loan name or phone, then asked for their fraud department and I was told they don't have one???
@RWlawFL4 ай бұрын
The letter should provide you with a way to demand written verification of the debt and its source.
@soulphoenix138 ай бұрын
Excellent and super helpful content. Liked and subscribed! 😀I have a random question to which I can't seem to find a direct answer. If it doesn't trouble you, I'm hoping you could answer...Can a resident of MA be charged 31.9% interest for an unsecured personal loan he/she took out online if the state usury law caps the interest at 23%? The loan would be from an online lender like Upstart or Prosper. Thank you so much!
@RWlawFL8 ай бұрын
Glad you liked! Unfortunately, as a Florida lawyer, I can't tell you what MA law requires or allows. But under federal law, some lenders are allowed to use the usury cap from the state in which they are located, instead of where the borrower sits.
@soulphoenix138 ай бұрын
@@RWlawFL Thanks so much for responding. I hope you don't mind me asking a follow-up question. What if a debt collection agency/firm like Crown Asset Management, LLC buys that same debt that has an interest rate of 31.9%, can they still legally collect if they're not a national bank or a company that is licensed to and/or allowed to bypass a state's usury cap? Technically, the debt is no longer with the original creditor. I can't find this information anywhere online. Thanks so much!
@RWlawFL8 ай бұрын
I think it's going to depend on the laws of your state and the specific facts of your case.
@soulphoenix138 ай бұрын
@@RWlawFL Thank you. I did some research on LLCs vs foreign LLCs and how the laws relate to debt collection. I found out one of the debts I've disputed was bought by LVNV Funding, LLC but they are not licensed to operate in my state, and they are not a foreign LLC registered in my state either. I'm hoping this info helps my case. I've filed a complaint with the CFPB and my state's Attorney General explaining the aforementioned. I'm waiting for the results/responses. I just want to thank you personally for making these videos. They pointed me in the right direction and inspired me to fight harder for my rights. Thank you. :)
@RWlawFL8 ай бұрын
I'm glad you're finding them helpful!
@ricardorivera85662 жыл бұрын
I was contacted by a debt collector whom I tried to contact to settle the debt with an was threatened with lawsuits and a bunch of nonsense
@RWlawFL2 жыл бұрын
That’s a common, but annoying, tactic they use. I like it when debt collectors sue, because then we get the power to investigate things more deeply.
@michaelstewart3207 Жыл бұрын
What is a charge-off and can it be beneficial on your credit report?
@RWlawFL Жыл бұрын
A charge-off means a lender or creditor has written the account off as a loss, and no future charges will be added to the account. I'm not aware of any situation where that would be good for you, except if they add illegal fees to the account after the charge -off, which may be a violation of the law and a basis for you to sue them.
@michaelstewart3207 Жыл бұрын
Is it legal for a lender to write a charge-off if you're STILL making payments on the account@@RWlawFL
@RWlawFL Жыл бұрын
I don't see any reason why not.
@Renny304 күн бұрын
I have a great question: what if your original debt was purchased and the company that the letter is coming from is not who u contractually owe money to, they have essentially become a third party and u don't legally owe "them anything because they chose to take a chance on purchasing debt to make money??
@RWlawFL3 күн бұрын
When it comes to debt buyers, those are our favorite debt collectors to sue. If you're in Florida, let us know.
@npfd514 Жыл бұрын
Hi! Thank you for the videos!!! I'm in NY. I have 4 quick questions....1) Is there a way to have the reporting agencies NOT fix info that is disputed, but remove it? 2) What is the best way to have creditors remove late payments from an account once the account is current for a while? 3) If a debt was charged off, does disputing it restart the timeline for them collect and report an account? & 4) Can a charged off account be removed from my credit report if it is sold to a different company who has it reported under their name?
@RWlawFL Жыл бұрын
In NY, call NY lawyer Subhan Tariq: 718-674-1245
@shawnweisen2 жыл бұрын
Your videos have been so helpful, thank you for doing them!! I sent a letter disputing the debt in question, the collator sent me paper statements and after review I saw there are charges that aren’t mine. How do suggest I word my letter back to them? I have it partly written with the line “you are asking for money I don’t owe” but how do I finish the letter? Do I ask for them to make an offer? Any help is greatly appreciated.
@RWlawFL2 жыл бұрын
If your goal is to settle for less than the full amount, you can make that offer in writing, and optionally explain why. Check out our video about negotiating with debt collectors.
@mhfcb7215 Жыл бұрын
Hi . They sent me a collection notice with my first name but using my mothers maiden name not the last name I use for everything do I have to pay them?
@RWlawFL Жыл бұрын
Two things: 1. I hope you enjoyed FCB's victory over Real Madrid this weekend. Força Barça! 2. A collection notice with the wrong name is a red flag that the debt collector has incorrect records and information. If all they're doing is sending you letters int he wrong name, it's unlikely they'll be able to make you pay. If they try to sue you under the wrong name, you'd be able to sue them back. Even with things as they are, I'd like to see the letter they sent you to determine if they're already breaking the law. Can you reach out to us? ricardolaw.com/contact/
@SleepAidzzz Жыл бұрын
What can someone do if they were misled into joining a "credit consolidation" offer, realized after the fact that what they do is stop paying your debts, make your credit score go down, you cancel it and now you're waayyy too behind to catch up (long story). You don't refuse to pay but ask the collection agency for guidance on resolving and they reply with "get back with us when you can make payment"?
@RWlawFL Жыл бұрын
In some states, those companies are expressly illegal, and in others, it's illegal for them to deceive people in order to sell their services. If you're in Florida, we may be able to point you in the right direction. ricardolaw.com/contact/
@thereal_fran7243 жыл бұрын
Also can a charge off still be reporting with the original high balance from the original creditor?? Thank again
@RWlawFL3 жыл бұрын
As long as the balance is correct, they can report the “original balance“
@dialdude2 жыл бұрын
Michael, your videos are awesome and very detailed. I just received a IRS to collections letter, from 2019 (CP140). It is for my business name, at my home address. No real info and no amounts. I suppose I will get a letter soon from the collection agency they listed. Do your recommendations and info differ if it is a IRS related collection effort? Hope you can advise me. Thank you. Dan.
@RWlawFL2 жыл бұрын
> Do your recommendations and info differ if it is a IRS related collection effort? Yes, very much so! you need to speak with an IRS-enforcement expert. Do you need a recommendation for Florida?
@joeconnors7024 Жыл бұрын
Nice video. What do you do when the Collection Agency has not responded to your dispute letter? Do they have a specific timeframe to respond to your dispute letter? If so, how long do they have? Should you send a follow-up dispute letter? What should the follow-up letter state? Thanks!
@RWlawFL Жыл бұрын
Once you send a letter… (and for anyone else reading, you can get letters like this HERE: rwlaw.gumroad.com/l/letters ) …the other side has two choices: 1. Stop collecting. 2. Give you a response. If they try to collect from you without giving you the validation information required by law, you can sue them and possibly wipe out the debt for good. If you're in Florida, you can reach us here: ricardolaw.com/contact/
@joeconnors7024 Жыл бұрын
@@RWlawFL Thank you! However, the gumroad link is not working.
@RWlawFL Жыл бұрын
Try it again-there was an extra phantom character added to the link.
@joeconnors7024 Жыл бұрын
@@RWlawFL Wow, awesome response times! It works, thank you!
@RWlawFL Жыл бұрын
I hope you find it helpful-please give us feedback through that platform. We're planning more information to roll out based on demand and feedback.
@UnkleAL1962 Жыл бұрын
what do you do if your dealing with the Bradford Exchange - who simply makes up bills and sends them, then the collection agency simply states - it's your debt, without any proof whatsoever. The thing of this also - is that it implies they sent me merchandise, without any promise to pay whatsoever - like they sent it C.O.D. but they didn't even do this. What business sends you merchandise without a CC number? But yet they get away with this.
@RWlawFL Жыл бұрын
If a debt collector lies about they are sending you, they've broken the law and you can sue them. Other than letters, what else are they doing to you?
@UnkleAL1962 Жыл бұрын
@@RWlawFL right now they just sending me threatening bills - but fully expect it to go to collections - Radius, as they did this before to me on merchandise I never ordered, or received, and Radius simply states the debt is valid.
@RWlawFL Жыл бұрын
Are you in Florida?
@UnkleAL1962 Жыл бұрын
@@RWlawFL sorry no, upstate NY
@RWlawFL Жыл бұрын
In New York, call NY lawyer Subhan Tariq: 718-674-1245 Let him know I sent you.
@m.s15969 ай бұрын
Hey I'm located in Indiana opened my door today and saw a letter taped to my door saying I'm being sued by Midland credit management (debt collector) I have 20 days to respond here in Indiana. Needing help what could I do or what could I send out to them to get this settled?
@RWlawFL8 ай бұрын
For Indiana, contact Hyslip Legal.
@dolphin1346 Жыл бұрын
In Florida 2020. My wife received a letter from a debt collector. Stating she is being sued for a debt. We didn't know from who what and why. Until we went to the courthouse and filed a form to dispute it. So we received a letter to go in front of a judge about this particular debt. Which she did and she had to pay $100 a month. After approximately 9 months of them garnishing $100 a month. She had found a better job with she took. She has been working there for approximately 18 months. And on April 3rd, 2023 there was a garnishment and they took out 25% of her pay. ($345.00) After FICO, Social Security, Ira, per premium for insurance. $700 was taken out of her check. And on April 23rd, they garnished 25% of her check and Fica, Social Security so another $700. This is a debt from 2007. She never received a notification, letter, emailed, nothing about this dept that they are garnishing without her knowledge. She works 40 hours & kerchak is approximately between $1,400 and $1,600 every two weeks. On April 3rd when they took out $700 , her per paycheck went from $1400.00 to $700.00. & on April 19th her Check was approximately the same. Which left her approximately $700. Our rent alone is $2,000 in Coconut Creek. The company that she works for did not notify her about this garnishment. Today is Saturday April 22nd. This month alone, they have taken out $1,400 across the board. WHAT CAN WE DO TO STOP THIS? I told her to write a letter to the judge and to the debt collector about this. If you ask me this is theft this is outrageous. We need to get back in front of the judge cuz this company is illegally garnishing her wages. And we can't afford to hire an attorney
@RWlawFL Жыл бұрын
If you went to the courthouse without a lawyer, you’ve just discovered how expensive that option is. Whatever happened in court that day is costing you far more than it would have cost to stop the garnishment from happening. If you think you’ve been garnished illegally then call our office. If we find a violation of law, we may be able to help you for free.
@apegasus959410 ай бұрын
If the debt collector does not have your current address and the amount charged is an overcharge by the creditor what standing do they actually have ? Already reported this to state AG and they refuse to enforce their deceptive business practices statues which has clear fines associated. Also the amount they claim i owe is barely over the cost for them to file against me and im not in the same state as them either.
@RWlawFL10 ай бұрын
If they filed a lawsuit in the wrong state, then they have violated the FDCPA.
@ShirleyMays-et7pk3 ай бұрын
I only have one reason for not paying that is i don't have anything in writing I owe him and not the credit card bank.... is that enough?
@RWlawFL3 ай бұрын
Yes.
@jeffreyrodriguez6273 Жыл бұрын
Statute of Limitations on Debt? Is it the credit agreement fine print state or the state I’m living in
@RWlawFL Жыл бұрын
In Florida, it could be either. Other states may vary.
@thereal_fran7243 жыл бұрын
Hello Ricardo I just hear you mentioned in the video, about if the creditor reported after the received my validation letter it’s against the law, well that’s Wht happen removed the account from Exp, Eq and reported it to TU as a new collection, do I send them another letter about this move or send a letter to the bureau?? Thank again glad I came cross your channel God bless you
@RWlawFL3 жыл бұрын
Debt collectors are allowed to report to the bureaus, as long as they correctly report that you are disputing it.
@thereal_fran7243 жыл бұрын
@@RWlawFL where will I look to see that they informed the bureaus that I disputed the account??
@RWlawFL3 жыл бұрын
It will say in the entry for the account that it's disputed.
@shawngreertruthseeker Жыл бұрын
What about if the collection is only reported on one or two of the credit reporting agencies. Does that qualify for an inconsistent
@RWlawFL Жыл бұрын
Probably not.
@samanthaheitz75216 ай бұрын
Is there a debt collector template we can use and fill in without paying for services?
@RWlawFL5 ай бұрын
Go here: rwlaw.gumroad.com/l/letters Enter "0" in the "fair price" window and you'll get the sample letters for free.
@tc7500 Жыл бұрын
How about child support collections in FL?
@RWlawFL Жыл бұрын
Because child support is usually court-ordered, it’s not a “consumer debt” and so nothing I talk about on this channel will help you. Only a family law attorney can give you meaningful help.
@erikarivera8277 Жыл бұрын
And also if they don’t do what they posed to… How do I go about a lawsuit towards them?
@RWlawFL Жыл бұрын
Watch our Debt Collection Battle Plan video.
@MsGemini3212 жыл бұрын
Ive had a parking ticket demand drom debt collecting firm ..from 4 years ago ! I never knew it even existed .. now stands at £170 ..for parking in McDonalds car park . Thats extortionate debt collector fees added . How do i challenge this ?
@RWlawFL2 жыл бұрын
No idea. First of all, nothing on this channel applies to parking tickets. Secondly, it looks like you're in the UK so I couldn’t possibly give you the correct answer on what works there. Have you tried speaking to a solicitor in the UK?
@wendyrathbun6134Ай бұрын
Since we live in a world where Contracts dictate agreements between individuals, What about there being no valid wet-ink signed contract between the borrower and the debt collector?? The creditor has already charged-off, I don't believe it's any of my concern if these companies purchase bad debt. How do we stop them in their tracks?
@RWlawFLАй бұрын
What pen did you use to sign the user agreement you have with KZbin to create your account? In the internet era, the idea of “wet ink signature” is a dead end. How do you stop them in their tracks? Catch them violating federal debt-collection laws. See our Debt Collection Battle Plan video.
@wendyrathbun6134Ай бұрын
@RWlawFL Valid point...I have signed up for your daily emails & will find the law(s) they are violating. Thanks so much for your response! God bless you & thank you for helping to educate others!
@RWlawFLАй бұрын
Glad you found this all helpful!
@havgon3791 Жыл бұрын
Your credit report is free of any collection notices and they are trying to collect a debt that is not on your credit report? What to do?
@RWlawFL Жыл бұрын
None of the dispute letters I talk about require anything on your credit report. Take a look at some of our more recent videos-including the Debt Collection Battle Plan-to find out how and where to send your dispute letter. Here's the whole playlist: kzbin.info/aero/PLbq-1mBFvBF68OwMM6kx26pwfBl9DNCgs
@havgon3791 Жыл бұрын
@@RWlawFL Thank you
@RWlawFL Жыл бұрын
You’re welcome
@whitneydavis9423Ай бұрын
When disputing a debt under my maiden name, should i write my legal name (married name) when writing my letter or use my maiden name
@RWlawFLАй бұрын
Who are they trying to collect from?
@michelleasunnydays140 Жыл бұрын
omg this is a LOT Of steps! 😢😮 whew. so transunion equifax and who else? what about lexis nexis? does it count also to match information with the other agencies
@RWlawFL Жыл бұрын
I don't understand your question.
@reneehenry10546 ай бұрын
What if the original account belonged to Republic Bank, which went under, and was sold to a debt collector against your will? That should be a different situation. I was paying Republic, and they went under. Then, these guys (NCB) bought the debt and started harassing me. When I asked for validation, they sent some documents in an unmarked envelope. Does this fall under the FRCA law about third party collections?
@RWlawFL6 ай бұрын
It sounds like the debt collector would be covered by the FDCPA, and if the report to credit bureaus, the FCRA as well.
@tkeahnichole56452 жыл бұрын
New sub! Thanks for all the info!!! I recently sent in dispute letters and received a validation form from debt collector with a much lower amount owed. Should I just pay the amount owed or should I dispute it because the amount is inaccurate.
@RWlawFL2 жыл бұрын
Thanks for the sub! Should you pay? Depends on your goal and how nasty the other side is willing to get. I'd probably want to know the real amount first.
@annag56429 ай бұрын
Why would you pay a debt collector when the original creditor sold your debt to the collection agency and it’s illegal to do so therefore you don’t owe them anything because you never gave permission for your debt to be sold nor for the debt collector to contact you. Go over you FDCPA rights!
@RWlawFL8 ай бұрын
> it’s illegal to do so No, it's not. The original contract almost always contains express permission to do this. > Go over you FDCPA rights! As a lawyer who litigates FDCPA cases for a living, I'm sad to tell you that you're not right about this.
@annag56428 ай бұрын
@@RWlawFL to do what? I’m confused?
@White.Indigenous.Autochthon3 ай бұрын
What if you send them a billing error because they have failed to credit the beneficiary [obliger] with the dividend of interest on the remittance transfer? Is the only thing that gets validated is who the debt belongs to? Isn't it true that the signature on the initial application from the obliger is what generated the "money"?
@RWlawFL3 ай бұрын
The bar for validation is very low, as I discussed. Most debt doesn't involve signatures anymore, anyway. The beneficiary theory you're talking about sounds like something that doesn't really exist in the real world. A lot of people talk about that theory but none of them have any proof that it works in the real world.
@davidwatson32804 күн бұрын
I received a collections letter for upwards of $50,000 from an agency in New York. I live in Florida. My daughter took a trip to New York 9 months ago and used my credit card for food. That is the closest I have ever come to New York. The letter listed a housing agency as to who I owe. My credit is frozen (by myself and for all three agencies ) and has been for years and only shows debt of which I am aware. Should I send a dispute letter? My concern is that this is a phishing technique and by sending a letter or calling to say this is not my debt I would be opening the flood gates. Will this go away if I don’t respond? Thank-you. Your videos are amazing!
@RWlawFL3 күн бұрын
If you're in Florida and got a debt collection letter, you can contact us here to set an appointment: ricardolaw.com/contact/
@silentrainr7 ай бұрын
Hi. If my hospital bill was signed with my home address but the collection agency sent papers to my business p.o. box is that grounds for deletion? Thanks!!✌
@RWlawFL7 ай бұрын
By itself, no, but it might be a sign that the debt collector is using or reporting inaccurate information in violation of the FDCPA. That would mean you have the right to sue them for violations, which could wipe out a debt if it's under around $10k. Also, make sure they're not sending court papers for a lawsuit. If they are, talk to a lawyer immediately.
@silentrainr7 ай бұрын
Understood. Thank you!! I'm guessing this is something that should be included in my dispute letter that I send.? I followed your suggestions and had 1 collection deleted.... but its seems out of the blue 2 separate hospital bill collections have been sent to my business p.o. box which I don't use for anything except all my llc. Business matters 🤔 Thanks again!! I'll stay on top of it👊
@RWlawFL7 ай бұрын
Good luck!
@TemperanceLibraRising Жыл бұрын
if it is a university how would a person know the exact amount they owe, Does a person have the right to request no contact without showing discrepency
@RWlawFL Жыл бұрын
You don't need to show a discrepancy to request no contact from debt collectors. At least, not in the US.
@feaudaz5252 Жыл бұрын
What happened if the D.C sent you a medical summary of all the medicine the hospital injected you with, the surgery dates, hospital X-ray and all that? No authorization to them to get this personal information was given
@RWlawFL Жыл бұрын
Nothing happens. You don't have a right to sue them. The best way to respond to medical debt: 1. Get all your medical records from everyone who provided you care. 2. Get all your billing records from everyone who provided you care. 3. Match up what you got, what you got billed for, and what your insurance was supposed to pay for. If they are trying to collect debt for something that someone else was supposed to pay for or that you didn't get or didn't authorize, they are breaking the law and you can sue them for that.
@michelleasunnydays140 Жыл бұрын
i thought under Hippa law demanding proof of medical.debt cannot be done or it is all violations of hippa law
@RWlawFL Жыл бұрын
HIPAA does not limit debt collection. Someone told you wrong. (If it did, I'd already be retired from the money I'd have made suing debt collectors for that "violation")
@rajah_77752 ай бұрын
I know this video is 3 years old but i just sent my letter out today you want to take a look at it and tell me how i did just from watching your videos ????
@RWlawFLАй бұрын
You'll know how well you did based on what happens next. Who's the debt collector and what state are you in?
@teeieahughes1410 Жыл бұрын
Hello and thank you for this information. I asked for valididation from a 3rd party debt collector. I was sent what appeared to be a final bill. I did look at my 3 credit reports AND they do not match the open date is different. Also if the 3rd party companied only paid $100 dollars for the alledged debt but they are asking for over $1200 how is that fare and equatable to me? I need some direction. I have been working on my credit and this is the last thing holding me up. WHat do you suggest?
@RWlawFL Жыл бұрын
You're on the right track. Check out our Debt Collection Battle Plan video. And if you're in Florida, reach out to us right away: ricardolaw.com/contact/
@realmercy3 жыл бұрын
I live in Virginia, (Virginia Beach) how do I find a lawyer in my state to help me dispute a collection being reported to just one collection bureau?
@RWlawFL3 жыл бұрын
Look for “FCRA lawyer Virginia” to start your search.
@tokishawnsione1 Жыл бұрын
What if the dept they're requesting you pay is not on any of your credit reports.. do they have to dismiss the debt in question 🤔
@RWlawFL Жыл бұрын
No. The credit report is not the test for whether or no a debt is owed or valid. It's just a report.
@vincenthawes9965 Жыл бұрын
I always hear credit repair people talk about suing the creditors. But, how do you sue tho??
@RWlawFL Жыл бұрын
Same way you would sue anyone in any other context-talk to a lawyer who handles that type of case who can do it for you-and for these cases, it should be no money up front from you.
@alcyone4445 Жыл бұрын
Hi There - I have a medical debt that is now in collections - my particular issue is that due to moving to a different state and the local post office continuing to deliver to my old address, I received my first letter communications from collections via forwarded mail WAY AFTER the 30 days I had to dispute the debt or request a debt validation. I am receiving calls from the out-of-state collection agency and have chosen not to answer - again they do not have my current address - what should I be doing first to start addressing this collection issue? I do have the original letter/form this collection agency sent to my old address, but I received it months after the date that it was drawn up
@RWlawFL Жыл бұрын
Good news! The thirty days doesn't start until you RECEIVE the letter, so make sure to say in your debt validation/dispute letter that you got their letter "within the last 30 days" or just put the date you got it. On the other hand, if they don't have your current address, you may not want to give them that. They can't sue you if they can't find you. If they're calling you on the phone, you can answer it and tell them it's "never convenient" for them to call you. This should alert them that you've heard of the FDCPA (specifically, Section 1692c (a)(1) which bans them from calling you at inconvenient times and places) If they keep calling you, you can sue them, maybe for enough money to wipe out your debt entirely.
@bren4846 Жыл бұрын
What happens if I sold a car and said car was released on the dmv website and the sold car got impounded because the guy you sold it to got pulled over and never registered it in his name and the dmv has no record of the release of liability and the original impound lot sold it to a debt collector? How do I go about that?
@RWlawFL Жыл бұрын
This probably varies from state to state, so I have no idea how to handle this in your state. Whenever you buy or sell a car, it's hugely important that you handle ALL the paperwork properly or you may be setting yourself up for a bad situation like this. I hope you at least got paid for the car before you sold it. If not, I would guess you're out of luck.
@skip123davis Жыл бұрын
thanks for this! two questions: 1: i sent a certified affidavit to a law firm suing me over a debt. i was served papers at my home. i never received a delivery receipt from the post office. now what? 2: how do i sue for damages for unlawful collection activities?
@RWlawFL Жыл бұрын
If you've been sued, consult a lawyer in your state immediately. You can't afford to skip this step. For the rest, check out our recent Debt Collection Battle Plan video.
@debbiecalderon53763 жыл бұрын
Midland Credit, I'm in California. I want to get a pay for delete
@RWlawFL3 жыл бұрын
In California, call Mike Cardoza: www.cardozalawcorp.com/
@mariemetellus62564 ай бұрын
I have a collection agency that refused to answer me, every month they keep reporting in my credit report.
@RWlawFL4 ай бұрын
They might be breaking the law. If you're in Florida, give us a call.
@nelaknight2 жыл бұрын
So how does it work if the collection agency is different from the state you live in?
@RWlawFL2 жыл бұрын
That shouldn’t change anything at all.
@lisad2563 Жыл бұрын
I received a letter from a debt collector in response to my dispute. The charges were for an apartment my daughter lived in. The charges were for cleaning and paint, which our our $200 deposit should have covered. They are asking for an additional $220 to cover cleaning and painting. My question is, since we cleaned the apartment and provided a receipt, can I dispute this amount? I understand most apartments have to be cleaned and repainted to some extent but if the deposit isn’t enough to cover that expense, am I responsible for that extra amount? I’m not sure how to respond or if I should.
@RWlawFL Жыл бұрын
Battling with landlords can be tough. Arguing with the debt collector is usually the worst way to challenge dirty landlord tricks. In most states, I highly recommend checking with a tenant-side landlord/tenant lawyer who can help you figure out if your landlord has broken the law in a way that gives you the leverage you need to wipe out this charge forever. Still, disputing the debt with the debt collector might give you leverage there, too. Talk to a lawyer and maybe try both approaches.