Debt Validation Letters: How to Use Them to Crush Debt Collection in 2024
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📫 Get five sample letters, detailed instructions, and almost an hour of attorney instruction on how to use dispute letters to crush debt collection:
rwlaw.mykajabi.com/crush
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UPDATE: On Nov. 30, 2021, the federal government changed the rules on debt validation. Go check out THIS VIDEO for the most up-to-date information for 2022 and beyond!
🎥 • DEBT VALIDATION: Rule...
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You've heard about Debt Validation Letters, but what are they? How do you use them? Should you send one? Florida Lawyer Mike Wasylik explains everything you need to know about Debt Validation letters (make sure to stay until the very end!) (SEE MORE ⬇️ )
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📞 Get Florida help for Florida cases: ricardolaw.com/contact/
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⛑️ Want help dealing with debt collection for debt that doesn't seem right? Call us at 352-567-3173 for a FREE 30-minute appointment with one of our lawyers (Mention this "debt validation letter" video!) to find out how we can help you.
Chapters:
00:00 How to use debt validation letters against debt collectors
1:18 Your right to request debt validation
2:11 What the law REQUIRES them to tell you
2:56 The difference between verification and validation
3:26 Even judges get this part wrong!
4:19 Your four options for action to take
4:26 Your rights when they break the law
5:53 The 30-day dispute deadline and how it affects your rights
6:44 What happens if you ignore it
7:00 Disputing the validity of debt and how to do it
7:17 Demanding "verification" of debt
7:50 Which disputes you're allowed to raise
8:19 How much detail to put in your dispute
8:57 When you request "verification" how MUST they respond?
11:15 What they DON'T have to provide as verification
12:01 What form "verification" letters get wrong
12:30 When they FAIL to provide any verification at all
13:13 When they break the law after a verification demand
14:15 Two reasons you SHOULD send a debt validation letter
17:20 What to put in your validation letter
18:03 Using debt validation letters in court
19:00 Don't sabotage your court case with this mistake
19:43 How and where to send your letter
20:59 What you should do next
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#creditcarddebt #debtcollectors #DebtValidation
@audreymay9378 8 ай бұрын
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 8 ай бұрын
Thanks for watching!
@koreyb Жыл бұрын
That is a very good point about being polite but firm in your dispute letter, because if it goes to court, they will see everything you sent them and they will also probably have a recording of everything you said to them on the phone as well, so be very careful what you say to them on the phone, too.
@RWlawFL Жыл бұрын
Agreed!
@marlanabeasley1790 11 ай бұрын
Absolutely
@RWlawFL 11 ай бұрын
Yes.
@NXPfamvlogs 5 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!
@RWlawFL 4 ай бұрын
Glad you liked the video. I've never heard of a "debt Validation company." What promises are they making you?
@ArtimosThug 4 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.
@RWlawFL 4 ай бұрын
Thank you! One of our goals is to counter all the misinformation out there on the topic.
@rayriddle9462 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 😊
@RWlawFL Ай бұрын
@rayriddle9462 If you're in Florida, give us a call this week.
@mattlopez2139 3 жыл бұрын
Thank you. This is very informative and helpful.
@RWlawFL 3 жыл бұрын
You’re welcome!
@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!
@r.d.3709 9 ай бұрын
Solid, valuable information presented in an easily understood and clear manner.
@RWlawFL 9 ай бұрын
Glad it was helpful!
@rockymountainhandyman7988 2 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
@RWlawFL 2 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.
@primetimepropertysolutions2089 2 жыл бұрын
This was really informative!!
@RWlawFL 2 жыл бұрын
Glad you found it helpful!
@TheEcono 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.
@RWlawFL Ай бұрын
We look forward to speaking with you.
@asylumklown4898 Ай бұрын
I used your knowledge and actually got my collection deleted! Thank you for the info!!
@RWlawFL Ай бұрын
Fantastic!
@josettemills6460 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.
@RWlawFL 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.
@christisimon928 2 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?
@RWlawFL 2 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.
@sniper-lt9pd Жыл бұрын
Sherry you are brilliant ! All the best.
@RWlawFL Жыл бұрын
Thanks, I think.
@rydahsonly 2 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?
@RWlawFL 2 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: kzfaq.info/get/bejne/fZ-hrN2J0qvWZ2w.html ) If they're sending you letters but failed to send you the required disclosure, that's illegal, too. I don't agree that the car was already paid for-that just means they have a right to repo the car if you don't pay.
@rydahsonly 2 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?
@RWlawFL 2 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.
@rydahsonly 2 жыл бұрын
@@RWlawFL Appreciate you.
@RWlawFL 2 жыл бұрын
You’re welcome!
@tigercge4954 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
@RWlawFL 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.
@RichardRobbin 2 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
@RWlawFL 2 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.
@carolynharveyfoxtrot 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.
@RWlawFL 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.
@freeindeed7870 Жыл бұрын
Thanks for all the videos I have a quick question what if it's an old debt you've been ignoring and they continue sending you options to pay with discounts or they're trying to take you to court now can you still respond with the letter on both parties?
@RWlawFL Жыл бұрын
Debt validation letters are a response to a collection letter. If they're taking you to court, you need much more than letter, you need a lawyer.
@micalinat9163 2 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?
@RWlawFL 2 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.
@vt7814 2 жыл бұрын
I didn't got any letter from the debt collector (Radius Global) simply just a collection appeared on my credit report.
@RWlawFL 2 жыл бұрын
They don't need to send you a letter in order to list it on your credit report.
@rubenguerrajr5833 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
@rlg222 2 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.
@RWlawFL 2 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 10 ай 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 10 ай 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.
@cathymdinkc 5 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!
@RWlawFL 4 ай бұрын
If you have an old judgment from years ago, you need to speak with a lawyer in Missouri right away.
@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.
@calliopivogiatzis2235 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!
@RWlawFL 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."
@skincareceo 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.
@laura8341 2 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
@RWlawFL 2 жыл бұрын
Check your other comment for our response.
@rg7546 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?
@RWlawFL 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)
@CherylBessinger-ib6ql 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
@RWlawFL Ай бұрын
Have you called us yet?
@barronsimmons6799 2 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!!
@RWlawFL 2 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.
@BigWheezy81 2 жыл бұрын
I wanna learn
@RWlawFL 2 жыл бұрын
Keep watching our videos!
@medina1492 2 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?
@RWlawFL 2 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!
@njineermike Жыл бұрын
You just earned a sub. Great content.
@RWlawFL Жыл бұрын
Glad you liked!
@bunny10301 2 жыл бұрын
So helpful information !!
@RWlawFL 2 жыл бұрын
Glad it was helpful!
@emosdad4282 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?????
@RWlawFL 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 8 ай 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 8 ай бұрын
It feels unfair, doesn't it?
@tswpholla 2 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?
@RWlawFL 2 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.
@tswpholla 2 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
@marvinlee3450 2 жыл бұрын
Its called defective process
@RWlawFL 2 жыл бұрын
> Its called defective process Possibly! It depends on state law.
@dianamurkey9862 2 жыл бұрын
I'm in Florida
@LOFLC2012 Жыл бұрын
Thank you so much for the alternative information.
@RWlawFL Жыл бұрын
You're very welcome!
@djoyyy5167 2 жыл бұрын
Hello thank you for this informative video it has been so helpful. I wanted to know if I can send a validation letter after the 30 days if so, will they still pause payments until they send something back?
@RWlawFL 2 жыл бұрын
Legally speaking most of your rights only trigger if you send your letter within 30 days after you received the letter. From a practical standpoint, they don’t have any way to know when you receive the letter, and if they continue collections even after they receive a dispute letter in which you claim to be sending it within 30 days, they can get in trouble. This means, from a practical standpoint, they’re pretty much always going to assume that you’re within the 30 day period if you claim it so. I don’t recommend lying about this, because if it ends up being exposed, you can get yourself in more trouble than it’s worth, but as a practical matter the 30 day time period starts whenever you say it does.
@djoyyy5167 2 жыл бұрын
@@RWlawFL Great response, thank you for the help. Your videos have been such a great help to me really appreciate it.
@RWlawFL 2 жыл бұрын
You're welcome!
@Ann-ub4mf 2 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. 🙂
@RWlawFL 2 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.
@lilyliz9148 2 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
@RWlawFL 2 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: kzfaq.info/get/bejne/jbBjnbF8ztzZXWg.html
@sreasy7512 2 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.
@RWlawFL 2 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.
@ambersmith8171 2 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
@RWlawFL 2 жыл бұрын
Thanks for the update-we'll make sure we update our list.
@saadkhan348 3 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?
@RWlawFL 3 жыл бұрын
Last four digits only? Not something we'd sue over in most cases.
@saadkhan348 3 жыл бұрын
@@RWlawFL thanks for your reply
@KP-vl1to 3 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.
@RWlawFL 3 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-vl1to 3 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.
@RWlawFL 3 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?
@Lanay707 11 ай бұрын
Very helpful, thank you!✨✨✨
@RWlawFL 11 ай бұрын
You're so welcome!
@stevenebesni2432 Жыл бұрын
Thank you for this video. Received a letter on Friday….. they called me 3 days before.
@RWlawFL Жыл бұрын
Good luck!
@quejackson8304 2 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
@RWlawFL 2 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.
@RWlawFL 2 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.9082 Жыл бұрын
Freeze your credit report so no one can get access without your authorization
@RWlawFL Жыл бұрын
This doesn’t stop soft pulls, only hard pulls related to credit applications.
@halturt7046 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
@margelynch 2 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.
@RWlawFL 2 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 11 ай 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 11 ай бұрын
HIPAA doesn't limit debt collection and you can't sue anyone for violating HIPAA.
@patbosch1366 Жыл бұрын
Thank you for this information. Is there a statute of limitations in Florida? I received a collections statement for an ambulance transport 11 years ago that was on a hospital campus between departments, maybe 500 feet! They claim to have sent previous statements which I don't recall. This was a collection for Miami Dade Ambulance. Thanks!
@RWlawFL Жыл бұрын
Give us a call on Monday. This may be a violation of debt collection law.
@Sweetmelibakery 2 жыл бұрын
Thank you so much for all of this great information. Where do I find the letter?
@RWlawFL 2 жыл бұрын
kzfaq.info/get/bejne/b8tlq6iq3JucfKM.html
@ruebenshaw 2 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?
@RWlawFL 2 жыл бұрын
The FDCPA requires them to make this statement. See 15 USC 1692g (a)(4)
@DKwildrift 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.
@RWlawFL 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 10 ай бұрын
If they did not fix the mold they broke the lease, you can sue them.
@RWlawFL 10 ай бұрын
@dalesingle5534 This is true in many states.
@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 11 ай бұрын
These are debt collectors. Watch our Debt Collection Battle Plan video to see what you should do next.
@BIANCACbianca Жыл бұрын
Question: if a debt is passed it’s statue of limitations, ( California 4 years) is it a smart idea to still dispute the errors on the credit report? If so, would I start off with a validation letter or a verification letter?
@RWlawFL Жыл бұрын
If your goal is to clear up your credit report, that’s a completely different process than the one I’m talking about here. But if they can’t sue you, and the report is factory in accurate, it’s almost certainly safe for you to dispute it to the credit bureaus.
@mrtravelguy7867 2 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.
@RWlawFL 2 жыл бұрын
Once they've charged it off, there shouldn't be any more late payments.
@TwstedTV 2 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.
@RWlawFL 2 жыл бұрын
Sounds frustrating! This was a total surprise to you?
@emmanuelferdilus9342 2 жыл бұрын
Thank you for making a KZfaq 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?
@RWlawFL 2 жыл бұрын
Regarding the SOL issue, we've got a whole video on that, so check it out! kzfaq.info/get/bejne/ist7Y5xzm6-6cqM.html Regarding the credit report, if the last payment was in December, then the DOFD (date of first delinquency) would be probably sometime in February (your missed January payment would be 30 days overdue by then). This means: 1) that the account should fall off your report around February of 2023 (seven years) and 2) the Equifax report may be wrong. If you're certain about the date of last payment, you can send a dispute letter to Equifax telling them that the March 2016 30-day mark is wrong-it should be 60 days, and the date of delinquency should be February 2016. They should either correct the report, or if you're lucky, delete it entirely. Regarding the validation letter, the 30-day period starts when you RECEIVE the letter (15 USC 1692g (a)(3) ) so if you got them in June, your 30 days has run out and they don't have to respond to you.
@emmanuelferdilus9342 2 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!
@RWlawFL 2 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.
@emmanuelferdilus9342 2 жыл бұрын
@@RWlawFL Thank you very much!
@RWlawFL 2 жыл бұрын
You’re welcome!
@TimeisUp22 2 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.
@RWlawFL 2 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.
@lynnsmith2580 2 жыл бұрын
Very helpful. Thank you.
@RWlawFL 2 жыл бұрын
Glad you liked it!
@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.
@proconjon4208 Жыл бұрын
Thanks for the video. I just received notification that I had 2 medical accounts in collections that was posted last week. I put a dispute over the telephone with the 2 credit bureaus. Should I also send a validation dept letter to the creditors as well?
@RWlawFL Жыл бұрын
A debt validation letter is the wrong tool for this 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. However, for medical debt, you can request from the health care provider a copy of: 1) your medical records, and; 2) your medical billing records. Make sure that everything you were billed for, you got. Make sure that everything you were billed for, was submitted to insurance on time. Make sure that everything you were billed for, you got credit for any payments. This will take care of a huge percentage of medical debt problems.
@kathleenkatori 4 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!
@RWlawFL 4 ай бұрын
So in California, call Mike Cardoza www.cardozalawcorp.com/ or Jay Rahimi: www.jrahimilaw.com/
@kathleenkatori 4 ай бұрын
@@RWlawFLthank you!! Will do!
@RWlawFL 4 ай бұрын
You're welcome! Good luck!
@Hyriam09 Жыл бұрын
What do you do if you are told you have a utility debt from the pandemic in NY? How do you handle that when the government is paying bills.?
@RWlawFL Жыл бұрын
I would wonder: Who was telling me this? What did they propose to do about it? Whether I, or someone else, we’re supposed to pay that debt? Whether the debt had already been paid? Then I would form a plan of action from there.
@jeffhill2751 2 жыл бұрын
Extremely helpful.
@RWlawFL 2 жыл бұрын
Glad to hear! Thanks for wacthing.
@starrcarterfinance 3 жыл бұрын
I just received a letter yesterday stating that I owe a debt from a gym membership that I canceled back in 2016. I have never received anything from this gym saying that I owe them money or any other collection agency in the past 5 years. I even rejoined that gym this year in January and wasn’t told that I had an outstanding balance. I called them today and the people was rude and talking about settlements and stuff. I told them that I will have to investigate this further before I pay anything. I’m sending the letter today requesting verification. Do you have any advice with this being from something in 2016? Also I’m in South Carolina. With gratitude, Starr
@RWlawFL 3 жыл бұрын
We don't know much about SC law so this probably won't be complete. But generally, if the gym itself is trying to collect a debt from you that's not "debt collection" it's a dispute with an original creditor and your options may be more limited. Don't talk to them on the phone. Seriously, never talk to them on the phone. Ever. Got it?
@starrcarterfinance 3 жыл бұрын
@@RWlawFL Thank you for responding! I got it and I definitely won’t be talking to the agency anymore. I saw in SC the statuette limit is 3 years and as I stated previously it was in 2016 if it’s true. But when I talked to the agency that one time on the 7th, I never admitted to owing any money. I told them there had to be a mistake and I would check with the gym and that was it. I sent the letter certified mail. And far as I’m concerned thats that for me. Thanks again!
@sean13 2 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.
@RWlawFL 2 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.
@paulscottpadgett1996 Жыл бұрын
Outstanding Content = SUBSCRIBED MUCH RESPECT.......!
@RWlawFL Жыл бұрын
Glad you like!
@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.
@mr213me Жыл бұрын
Love the videos! Need some help, I have two different collection agencies sending letters about one debt? I know the debt is mine and I’m willing to pay/settle but who do I pay? I will ask for verification from both but can both come back verified?
@RWlawFL Жыл бұрын
It seems unfair that two debt collectors would be contacting you at the same time. Definitely dispute, both, and see who still claims the right to collect. If it’s both, that’s probably something I would consider a lawsuit over.
@ReallifewithT 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
@RWlawFL Жыл бұрын
Good question. That might violate Georgia law but I’m not a Georgia lawyer so I couldn’t really say.
@jr4062 2 ай бұрын
Great info. QUESTION: if you let’s say, live in NJ, and statue of limitations is 6 years, and you receive a letter, and let’s add prompts are added with check boxes for your options, how might you respond, if you respond at all?
@RWlawFL 2 ай бұрын
I can't tell you how NJ law would apply, regarding SOL, but in Florida, for most people it's better to send a dispute letter like we teach here.
@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.
@coldwarunicorns 11 ай бұрын
*Free advise worth every penny*
@RWlawFL 11 ай бұрын
Thanks for the free advice!
@danachauvin9056 5 ай 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 5 ай бұрын
The law firm probably counts as a "debt collector" but if you're getting sued, check with a local lawyer ASAP.
@perffecto20 3 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
@RWlawFL 3 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.
@amonpangalala3329 7 ай 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 7 ай бұрын
Glad you liked the video. Sorry they kneecapped you on the credit limit.
@deannasifuentes4509 2 жыл бұрын
This was awesome, thanks! $$
@RWlawFL 2 жыл бұрын
Glad you liked it!
@rlg222 2 жыл бұрын
I live in Arizona and its the "Wild Wild West out here"
@RWlawFL 2 жыл бұрын
You've got to talk to John Skiba. He's the guy bringing law and order to the Wild West.
@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.
@jr4062 2 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?
@RWlawFL 2 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.
@crazeecurious7161 9 ай бұрын
Does this apply to attorneys “representing” the State for State Taxes they claim you owe even if you have received refunds on taxes in recent years? Or are collections from an attorney “representing” the State approached differently?
@RWlawFL 9 ай бұрын
Nothing we say on this channel applies to taxes. Check with your local tax advisor.
@Mzamudio105 2 жыл бұрын
Very help full video, I have a question I had opened a credit card under my parents account but they are charging them the dept instead of me. I did get my validation letter as requested but the bill is still addressed to her. My thing is I want them to notice the account was billed and paid for under my name not my parents. How could I solve this issue
@RWlawFL 2 жыл бұрын
> I had opened a credit card under my parents account Then they are responsible for the debt. Did you expect something different?
@bevb7276 Жыл бұрын
Is a offer for debt forgiveness of part of your debt a good idea to accept? The balance of debt would then be paid to them.
@RWlawFL Жыл бұрын
It depends on your circumstances, and most importantly, your goals. In many cases, it doesn't get the result most people are looking for.
@cassondrad2280 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.
@RWlawFL 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...
@bigdawgg1456 2 жыл бұрын
Great vid. I had a debt collection show up on my credit report that I am willing to pay but I never received a formal debt notice letter. I called this 3rd party agency and asked for it "in writing" which they said they would do. It has been a month, I have not received the letter. what should I do
@RWlawFL 2 жыл бұрын
If the 3d party is listing it on your credit report, you can gain leverage by disputing anything that looks like it's inaccurate. If you watch the rest of the videos on our channel, this will become more clear along with how to do it.
@jeryl8803 2 ай бұрын
Hello. What do you say about collection company texting a person? I'm in Michigan. Thank you.
@RWlawFL Ай бұрын
We recently wrote about how to deal with text messages: kzfaq.info/love/cd-Vm_H-CX6sVcOQMBehgQcommunity?lb=UgkxTPGpQj8Hdw6-WlNu4ZV396fTpbOV_qAP
@flaron352 11 ай бұрын
2 questions. When does the tolling of time begin with regards to statute if limitations? If an original creditor writes off the debt how can a debt exist when theyve basically zeroed the account and no doubt filed their tax return obtaining whatever credits permitted?
@RWlawFL 11 ай бұрын
In Florida, it begins after the last payment is made and the next payment is missed. If you got a 1099-C from a creditor claiming they've forgiven some or all of the debt, and someone tried to collect it from you, that's a violation of law. Otherwise, they probably haven't "zeroed it out" like you think.
@HermaeusM 2 жыл бұрын
What would you recommend if they call and leave a voice message telling you to call back about a business matter? Should I send a letter to them requesting more information? I have no debts that I am aware of
@RWlawFL 2 жыл бұрын
If they call you but they’ve never given you written notice under 1692g about your right to demand validation, they’ve already broken the law. Make sure you know who’s calling and why. Also check your credit report to get more information about debts you might now be aware of.
@HermaeusM 2 жыл бұрын
Thank you!
@jerrellwilliams480 2 жыл бұрын
I have a question. I have a utility bill on my credit for almost 2k. The utility service does not have a local office, so the way that the service began was via phone call with someone using my ssn. With that being said, shouldn’t it be removed due to the fact that they cannot prove it was actually me that called to initiate the utility service?
@RWlawFL 2 жыл бұрын
If someone stole your identity, that's a legitimate reason to dispute. If it's really you, there might be some other inaccuracy that you could reasonably dispute.
@kingem8407 2 жыл бұрын
Great video! I sent a factual dispute letter for a charge-off and received two different responses? Not sure if that's normal, but First letter stated they sold my account to midland and Second letter stated they wanted more information (e.g address, statements, etc.) for further investigation. Not sure who I'm suppose to respond to or wether to now send a letter to midland.I didn't even know about midland by the way, and it does not populate on my credit report.
@RWlawFL 2 жыл бұрын
Who did you send a letter to? Dispute letters to original creditors are basically useless, because there’s no legal duty to respond. If you get a communication from any debt collector, you can send a dispute letter to them. See the “update” video linked in the description for more info.
@kingem8407 2 жыл бұрын
@@RWlawFL Yes I sent a letter to the original creditor, but I wasn't even aware about the debt collector or any debt collection letter being sent to me. They're not even on my credit report. (Not sure if they're suppose to be) So now I'm not sure wether to draw up a letter validation letter.
@RWlawFL 2 жыл бұрын
If you’re not aware of any debt collector and it’s not on your report, how did this even get on your radar? It might make sense to stop messing with it at this point.
@mikelanners4829 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?
@RWlawFL 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.
@dstratton9419 3 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?
@RWlawFL 3 ай бұрын
If you’ve got a case in court, talk to a lawyer in your state right away.
@marcmartinez7433 Жыл бұрын
Question! Does the 30 day dispute requirement start when i mail the dispute letter? or when they receive it?
@RWlawFL Жыл бұрын
Your 30-day time limit starts when you receive their letter. There is no time limit on them.
@crumbocrumbo887 2 жыл бұрын
What do you recommend for persons on permanent and total disability?
@RWlawFL 2 жыл бұрын
Depends on what you’re trying to accomplish. They probably can’t get any money out of you but a judgment could be a hassle if they sue you.
@edjr2572 Жыл бұрын
What about a letter of Hardship or working to settle the debt but I do not disagree with the letter.
@RWlawFL Жыл бұрын
We don’t use that approach.
@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 9 ай бұрын
They will garnish disability leaving you homeless. They are heartless, ruthless and cruel.
@RWlawFL 9 ай бұрын
We've seen them try. It's awful.
@aaronge5195 Жыл бұрын
Question: I have a debt from a gym which I have written documentation for proof of cancelation for, but Gold's Gym sent my "debt" to a collection agency and I'm now getting harassed over $50. Can I simply block their phone calls, or will this agency try to hurt my credit score?
@RWlawFL Жыл бұрын
If a debt collector is contacting you for debt, and you have proof that the dead is illegitimate, the safest, course of action, and possibly the most profitable, is to file a lawsuit against them. Are you in the state of Florida?
@ashtondurham5075 2 ай бұрын
This helps, TkU 😊
@RWlawFL Ай бұрын
You're welcome!
@danmountain8027 4 ай бұрын
Question : How can you request a debt validation letter for medical debt that has been in collection for more than 1 year?
@RWlawFL 4 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.
@loulupero4147 3 ай бұрын
Thank you for your advice. I never received contract from credit card company. Will that be enough dismiss debt?
@RWlawFL 3 ай бұрын
Probably not.
@loulupero4147 3 ай бұрын
thanks@@RWlawFL
@RWlawFL 2 ай бұрын
You're welcome!
@d3m3tree 11 ай бұрын
One question I didn’t hear addressed is with regards to the 5 day letter they are required to send. You advise we send any communication certified mail to prove delivered. Do the collection companies use the same certified delivered method? I never received any initial letter but only learned of this collection when I was alerted by experian about a new derogatory account. They list an amount that I don’t recognize that is just above the $500 medical limit I’ve heard was implemented (collecting $506). The original creditor on all reports I’ve pulled say “radiology services of” without stating anywhere how that name ends. Could be Florida could be another state I live in now. If I were to dispute based on never receiving the letter to the best of my knowledge, will they have proof if for instance a roommate grabbed mail and I might have not been given (hypothetical- I literally have no clue if they sent the letter I don’t recall ever receiving one)? Thanks for your willingness to inform us of our rights as interpreted by the courts…
@RWlawFL 11 ай бұрын
They do not use certified mail and are not required to.
@jerelmiller3963 Жыл бұрын
How would you ask for a purches agreement from orignial creditor would it be after the verification letter?
@RWlawFL Жыл бұрын
Unless I were in court, I wouldn’t bother because they won’t give it to me. But if I were in court, I’d either subpoena records or take a deposition of the original creditor.
@lexitherault4189 2 жыл бұрын
I’ve been getting calls often from a collector for a gym debt I have. I called the gym and they told me to come in and can pay them, so I’m confused why this collector is calling me. I also haven’t gotten a letter, but I moved recently and the gym has my old address. I’m not sure if I should just go to the gym and pay and ignore the collectors or send a letter from my current address to try and get verification?
@RWlawFL 2 жыл бұрын
Ask the gym about the debt collector. If they will accept full payment, you probably don’t need to worry about the deck collector. Get a receipt.
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