I am in Washington state. A lawyer once told me that I can safely issue the cease and desist order and not worry about being sued. The reason for this is because I am on Social Security disability and it’s not garnishable income. So, even if I lose the case, I still win!

@RWlawFL

9 ай бұрын

I hope that lawyer is also familiar with the FDCPA so you can sue if they break the law.

@DJ_20_THOR_7

3 ай бұрын

Hey I'm in Florida I'm on social security disability and I have got involved with a debt consolidation company I can't do this I'm dinking like crazy. What do I do

@RWlawFL

3 ай бұрын

What is your goal?

@alexsherel3344

Ай бұрын

Just because you’re on SS DOESN’T MEAN they can’t place a lien on any property. Also, depending, if they get a judgement they can EXECUTE and TAKE it out of your bank account.

@user-dk4ok4od9g

Ай бұрын

When receiving a letter from a 3rd party debt collector immediately send them a letter back stating they MUST provide you with your original debt document and that ALL future communications MUST be in writing and that they MUST cease all telephonic communications. FDCPA outlines ALL of this.

I did pay a small legit debt that occurred at the time of becoming disabled. It took a while, But I did it. Now I have excellent credit above 800 for over 7 years in a row.

@RWlawFL

9 ай бұрын

Congrats!

This channel is definitely providing informative and accurate information.

@RWlawFL

Жыл бұрын

Glad you like it!

Definitely the best in the business as far as I'm concerned. Hope you guys have a happy holiday!!

@RWlawFL

2 жыл бұрын

Earl, thanks a bunch! We hope you have a great Thanksgiving.

Thank you for sharing your knowledge.

@RWlawFL

Жыл бұрын

You’re welcome.

IMO, it depends on the consumers education about law and debt collecting whether they would/should pay to delete negative accounts on their credit report, or whether they would pay a debt collector who sends them a demand for payment. That said, it pays for consumers to listen and learn from the content you and other attorneys provide in your youtube videos. In my personal experience, in 2004 I paid a large amount of $$ to debt collectors so they would NOT ruin my credit, I did this through lack of knowledge about the law and how debt collectors easily violate the FDCPA. Then one day I decided to buy a book from NOLO all about disputing debt and holding debt collectors accountable. Suffice it to say, I no longer pay debt collectors and I will not hesitate to sue them when they violate my rights and the FDCPA. A simple education goes a long way. I will never stop learning.

@RWlawFL

2 жыл бұрын

> it pays for consumers to listen and learn from the content you and other attorneys provide in your youtube videos. Thank you! > I will not hesitate to sue them when they violate my rights and the FDCPA. If more people decided to do this, fewer debt collectors would break the law. > A simple education goes a long way. I will never stop learning. Good for you!

I just found you today and I’d like to thank you for speaking so clearly. Unfortunately I’ve lost most of my hearing but I heard every word you said just like in the good old days. Good job!

@RWlawFL

Ай бұрын

I’m glad you’re enjoying.

In Florida, Just called and left a message for a call back. Will keep you guys posted.

@RWlawFL

Жыл бұрын

Looking forward to speaking with you!

Thank you for this video. Very, very helpful.

@RWlawFL

3 ай бұрын

Glad it was helpful!

Dealing with all three in the state of Mississippi wanting to clear the debt and improve score

@RWlawFL

Ай бұрын

Dealing with debt and looking to improve your credit score in Mississippi can be challenging, but it's definitely achievable. First, ensure that any debts are valid and accurate. You have the right to dispute any inaccuracies on your credit report. Additionally, consider working with a consumer rights attorney in Mississippi who can provide specific guidance on your situation.

Good video Mike!

@RWlawFL

2 жыл бұрын

Thanks John! Missed you at the conference this weekend. Hope you had a productive week. Let's chat soon!

I love your videos. The one thing that people should be aware of also and if you can talk about this in one of your videos is zombie debts. I had someone contact me telling me that they were hired by the original creditor to sue me for a so called debt that I owed from 15 years ago, but they wouldn’t give out any information like their location just what state that they were in and wouldn’t send a letter of validation when asked. It turned out that they are scammers and prey on people who don’t know their consumer rights. That deeply needs to be addressed

@RWlawFL

2 жыл бұрын

We talk about time limits in other videos, and scamming is definitely illegal. The real problem is catching the scammers.

I can’t get enough of your content! 😆

@RWlawFL

8 ай бұрын

Glad you like it!

I live in Tennessee. I've always just ignored collections and contact attempts from debt collectors. This was never a problem until I had a card with Bank of America, and I had two local creditors try to collect from me. All 3 went to court against me. One my lawyer was able to get thrown out. One they won a request for garnishment, so I went to my local court and filed a motion to have it setup on a payment plan. Bank of America I ended up settling.

@RWlawFL

Жыл бұрын

Getting sued can be a good thing (your first lawsuit) or end up badly (garnishment) or somewhere in the middle (payment plan).

@CRoadwarrior

Жыл бұрын

@@RWlawFL Thanks for all your helpful information. Do you know anything about this IRS intercept thing, where certain agencies can request a direct intercept of your tax return and take an amount out of your tax refund that is owed for a traffic ticket? This recently happened to me, despite the fact that I sent a letter to the collector objecting on several grounds, including the fact that the statute of limitations had run out on that debt. They didn't have to sue me to get the funds.

@RWlawFL

Жыл бұрын

We don't know much about IRS intercepts because they seem to relate mostly to government-based claims. Those aren't covered by the FDCPA and so they're really not related to what we do.

@srinivasd5617

Жыл бұрын

I am from India,. Is this applicabe in India?

@RWlawFL

Жыл бұрын

Everything we talk about on this channel is USA only, based on US law. I doubt any of it would be useful in India.

In MO, I had old credit card debt that got charged off and is reporting through my report from collectors as “active”

@RWlawFL

9 ай бұрын

A debt collector reporting false information to the credit bureaus is violating the FDCPA, section §6192e (8)

thank you for the info I will be looking for your website god bless you

@RWlawFL

Жыл бұрын

Link is in the description!

I’m in NC. I canceled my service with DISH. I was told I would be charged with partial month service, I expected that, was told to destroy my receiver. I got the email for thr partial month service, I paid it. Next month, they billed me for full month service. Apparently they removed my card from their records. I called and was told I had to pay it as when I paid the partial month, it re-opened my account. I told them this not what I was told. I got nowhere with them. A month later I received a call from them saying I was going to collections, as I owed over $200! I told I canceled ervice. I was told pay thr $200 and they would close the account. Three ,on this later I get letter from collections company. Disputed the bill. Now, another month later anew collections company has “billed” me.

@RWlawFL

3 ай бұрын

In Florida, we’ve sued TV providers for stuff like this and their debt collectors, too.

I am being taken to court by Zwicker and associates. I do not want to go to court. I just received the letter yesterday here in Utah

@RWlawFL

2 жыл бұрын

You need a Utah lawyer to take care of this for you.

pleasure watching your video I really learned a lot, yet I have some questions regarding my situation. I've recently received a call from a collector about a 2012 student loan that I had no knowledge of, but then she proceeds to tell me that she has a signed promissory note (my signature) so I told her to send it to me. (she said, "30-45 days before I receive the mail") I was under the impression that all of my debt was cleared because I applied for the Total and Permanent disability discharge. (I checked my credit report no student debt!)

@RWlawFL

2 жыл бұрын

If you got a discharge, your bankruptcy lawyer should be able to tell you if this violates the bankruptcy discharge, and whether you can sue.

@Liam__G

Жыл бұрын

​@Ricardo & Wasylik PL this isn't a bankruptcy procedure, it's a discharge program. It can be found on the Federal student loan website.

@RWlawFL

Жыл бұрын

Understood. I don't deal much with student loans, and there are a number of other lawyers who specialize in that area.

Or they start calling relatives to embarrass you or put pressure on you for a debt that was attached to a car accident that insurance settled 12 years ago.

@RWlawFL

2 ай бұрын

Yeah, they can’t do that. We’d sue a debt collector for that.

I live in Ohio, Ive been getting phone calls and I got a letter. I am most certain this is related to my hospital and medical bills, which I have been paying monthly, to the hospital. One bill is from 2019. I had a verbal agreement over the phone to pay "x" amount per month, and I kept up on my end of deal.

@RWlawFL

9 ай бұрын

Sounds like they might be violating federal law. Save all your phone records and voice mails, and see if you can find a lawyer to review them for you.

always interesting watching these videos. The first thing that I would look at is contract law when considering paying out to a debt collector. A debt collector is a 3rd party not privy to the original contract which was arranged. Due to this, the only means to which a debt collector can legally obtain a reimbursement to the debt which they've just purchased, is to make a contract with you. There may be many means to which they may try and strong arm you into making this contract, but when you stick with basic contract law, all of these measures are protected under law. Even if they are to take you to court, the simple response to "why aren't you paying this debt" is .. I have no contract with these people, and there is no judge who can argue against that, as otherwise they will be breaking the law. By stating in court that you have no contract, they have to prove otherwise. Because of the fact that they purchased the debt there is no evidence that there is any contract between yourself and the debt collector.

@RWlawFL

2 жыл бұрын

Unfortunately, this isn’t Correct under Florida law. Any contract can be sold are assigned. Whether you have a contract with a debt collector or not, if they purchased a debt, they have a legal right to come after you. Sometimes it’s difficult to prove that they have purchase a debt, and that is why we get so many cases dismissed. But to come in a quart and say “I don’t have a contract with this debt collector “is just going to get you in trouble. There are a lot of people online who promote this theory because they’re trying to make money off it or because it’s wishful thinking. Unfortunately, people can get hurt if they have the wrong legal ideas. That’s why it’s so important to get accurate legal information before you try to defend yourself in court.

This chap is correct, the other option which I propose is do not use credit, and sue when invalid actions come against you. win , win.

@RWlawFL

9 ай бұрын

Glad you liked it! Also, check out our Debt Collection Battle Plan video.

I live here in Florida also about sixteen years ago I didn't pay my CC debt it went in to collections. One company was try to collect a payment from me and I almost paid it. But the company called my parents house told them I was rude to them called them a bunch names. But when I was going to agree to the payments over the phone the guy kept telling to speak louder and I think I was being recorded. So I got an attorney and it hold them off for awhile. After about eleven years after that it did show up on my Credit score but it didn't effect on my score at the time I had a 730 score. And I would get mail from other companies trying to collect and that was about three years ago. My girl friend at the time told me not to pay it.

@RWlawFL

2 ай бұрын

Smart move, getting a lawyer. Glad it all worked out.

I'm in Tennessee. I just got a debt collection letter from an attorney's office stating that they are attempting to collect a debt from ( A Corporation). In this letter they have fees that I do not recognize. the debt is mine I know but the amount is what does not look right to me and really the fact that I got the letter supprized me because it is from a used car lot that I bought a car from and a month later the engine went out. I called them and asked them if I send them the car would they fix it. They said just bring it in and we will take a look at it... A month later I get a collection letter. If I knew they would send me a letter I would have kept the car. The letter is the new debt letter that you have discribed in one of your previous videos. By the way i am enjoying your content.

@RWlawFL

Жыл бұрын

Glad you're enjoying! Car loans where the car is a lemon can be special cases. Lots of lawyers specialize in lemon law and you'll want to find one near you.

I had open heart surgery a little over a year ago. My wife and I are in our 70's. I had medicare A, but not B. So Medicare paid $350k, but left me owing $170k. We live on social security and a $150 a month small pension. We own our home free and clear. My friend who actually used to work in the operating room at the hospital said that we could probably ignore it, because that sort of thing is factored into the pricing system at the hospital. We have no debt and really don't care about our credit score (though I care enough to know it is over 800. It's still in the hospital's "internal" collection department. I'm tempted to ignore it. I don't care about phone calls and letters. I have a delete button and a garbage can. BTW, we now have Medicare B, which now reduces our income by another $500 or so a month. If we had had it at the time we'd owe almost nothing.

@RWlawFL

22 күн бұрын

If it's internal, you may not be too bothered by it.

Hiring a lawyer is so expensive unless you have a friend or family relative. My times you can negotiate before a bill reaches collections. Especially a medical bill. You can file for financial hardship by writing a letter to the billing dept on the bill Try not to let debts go to collections. Try to resolve before that happens. It will save you a lot of money. Many people including me cannot afford a lawyer

@RWlawFL

2 ай бұрын

I've got great news for you. The lawyer is free: kzread.infoUgkxACHB4abWDwc4bBhIeYUE7QKWaZ98AXSO

I've been sued by Jefferson capital system almost three years ago and I'm still paying. I lost in court unfortunately, I didn't have an attorney present because I'm poor and attorney's are very expensive!!

@RWlawFL

11 ай бұрын

Attorneys are cheaper - much cheaper - than losing.

i live in nevada they have to prove this .What do debt collectors need to provide as proof of debt? This usually means producing proof that the debt was assigned to it. Often such proof will be a bill of sale, an "assignment", or a receipt between the last creditor holding the debt and the entity suing you. i found this out watching all your videos an what to look for in the laws. thank you so much you have taught me so much

@RWlawFL

Жыл бұрын

We're glad we could help!

@TheOzthewiz

Жыл бұрын

The MAIN thing to do if you are sued, is to SHOW UP for court. If you don't., the collection attorney WINS by default!

@RWlawFL

Жыл бұрын

Agreed!

@tinafloyd1149

2 ай бұрын

Oregon, I have a debt collector claiming a credit debt i was told it was establishing in 2010 its now 2024 oregon Has a 6 yr statue of limitations. They have threatened to place a lien on my property I'm homesteading.Im on SSDI, this has not been on my credit report. An as of 2010 I had separated from my husband. I believe he took out the Credit using my social, he died 4months to the day after divorce in 2011 A short time after.he passed my daughter used my social, i discovered 14 phones an 7 apartments over a few years, It has been devastating. An now this threat of a lien on my acre of land. HELP ADVISE APPRECIATED! Im Scared I can't afford to be homeless or this extra expense thank you. They claim 1,500 an reduced to 650 if I paid them.100 as of today or else.

@RWlawFL

2 ай бұрын

You've got to contact an Oregon lawyer right away. This may just be a scam, but if it's real, an Oregon lawyer can help you sort it out.

Hey Mike, From California here, I received a debt collection letter from a Debt collector, Stating I owe 4 grand for Car repair for an Accident I was not involved. They said I did not have insurance, I always had insurance from my car. Now they want to suspend my Driver License. Maybe Im a victim of Identity theft. I already sent a dispute letter from your vids. Wish me luck.

@RWlawFL

Жыл бұрын

If you have car insurance, you'd better give them notice of the claim right now. It might be a scam, or it might be real-either way, that's why you have insurance.

@Frankcisco12

Жыл бұрын

@@RWlawFL I already did, called my insurance about it and also called the insurance they said was their client. They have no idea how they got my info. Guess i’ll wait and see what happens.

@RWlawFL

Жыл бұрын

I hope they're able to take care of it for you. That's what insurance is for.

I'm in Georgia. My wife totaled a car we only owned for about a year and a half. The insurance only covered half of the loan and we didn't have gap. I initially made payment arrangements, but then the economy collapsed and rent sky rocketed. They told me to contact them when I'm able to make some sort of payment. Then they immediately sold the debt to a collection agency. I haven't paid anything since and it's now with a second collection company. I rarely hear anything from this collection agency. So I'm kinda ignoring it. I disputed the debt and it stayed in my credit report with a note that it's scheduled to fall off in 2027. My credit score has stayed in the 700s. At this point, I might just wait the time limit.

@RWlawFL

3 ай бұрын

That's one option.

Great video. I have two small collection accounts that I want to get rid of. Those accounts and my lack of credit are torching my scores.

@RWlawFL

2 жыл бұрын

We talked about your options in this video-which one are you going to take?

@anthonyrussell1329

2 жыл бұрын

@@RWlawFL Seriously thinking about pay for delete. I need it done yesterday. It's affecting my ability to get great financing for real estate deals. In addition, adding a secured card with a substantial deposit to mix will help as well.

@RWlawFL

2 жыл бұрын

Don’t just think about it, make the offer. They want money, you want a better credit report. Most debt collectors are willing to make that deal.

@anthonyrussell1329

2 жыл бұрын

@@RWlawFL You are correct - we're getting them on the phone next week to take care of this. On the off chance they won't delete...what do you think of the "...Endorsement of this check settles the debt...delete within 30 days..." note written at bottom of the check? Also, I really appreciate your engagement on this post.:)

@RWlawFL

2 жыл бұрын

We're glad our engagement helps! I don't think much of the endorsement tactic, unless there's a genuine agreement to do that. The courts will see through it and consider it an unfair trick. If they don't take your offer, check out some of our other videos on wiping out debt through finding FDCPA violations, and using the FCRA to remove inaccurate, obsolete, and incomplete information.

So I am experiencing a range of different issues regarding collections. So I just wanted to start with this question. What if you receive a letter from a debt collector requesting for you to pay a debt that has already been paid, but you no longer have any proof of the debt being paid because it was so long ago?

@RWlawFL

Жыл бұрын

We would very likely sue the debt collector for that. If you’re in Florida, reach out to us. ricardolaw.com/contact/

It’ll stay in your credit score for 7 years and applying for anything will show it. If you don’t care getting denied anything then just wait for 7 years. I did on a medical bill which we didn’t get good service at all so we didn’t pay. It fell off after 7 years.

@RWlawFL

3 ай бұрын

That’s true. We have quicker and better options

I am dealing with an incompetent law firm. They garnished my wages for a stupid $800, my HR has been holding it for 6 months, i have informed the law firm how to address my HR to get their money, but instead they filed another Writ with the Court.

@RWlawFL

Ай бұрын

That's very strange. Have you told this to the court?

20k business card personally guaranteed, and received debt collectors letter 04:15 fight (dispute) or forget (do nothing) Must add that this card was obtained by a third-party company that specializes in high credit balances, not connected to my LLC, and can't find it on any of my CRs, including business report - Georgia

@RWlawFL

Ай бұрын

It sounds like you're in a tricky situation. If the business card was personally guaranteed, you could still be held responsible for the debt, even if it's not showing up on your credit reports. Ignoring the debt collector's letter might lead to further legal action, so it's usually better to address the issue head-on. You should speak with a business attorney in Georgia abut your options and the best course of action.

Good afternoon. This is just for reflection, but here in the UK we have some established laws that offer protection. The Bills of Exchange Act section 23 almost certainly stipulates that there would need to be a signed contract between us and the collector. We have entered into no contract (this is like the theory you refer to), but the bill, from 1882 seems quite clear. We also have a Statute Barred Debt situation which means that if they haven’t got you in six years, they have taken too long. I think that the theory is helpful. Even the academic literature discusses the difficulties of a third party extracting money from you. When they buy the debt, and with it, personal data, this appears to be a breach of data protection law. In court they would have to prove that you owed them money. Presumably a photocopy of a document would be insufficient. Black’s Law Dictionary is a reference tool that defines terms like Proof and Verification and these are more demanding than what most collectors would be able to do. Cheers Peter

@RWlawFL

Жыл бұрын

This is why I don’t talk about UK law-I know so little about it!

In Texas they can not garnish wages. Per the Texas constitution.

@RWlawFL

6 ай бұрын

That's great. What CAN they take from you?

Had one that kept calling me from a previous number owner. Wouldn't stop until I started calling them back and playing the breakdown part of "Never gonna get it" by En vouge. They don't call me anymore. 🤣🤣🤣

@RWlawFL

2 ай бұрын

If debt collectors call you for someone else's debt, there's an even funnier way to handle it: sue them and make THEM pay YOU.

I'm in KS. I am 58yo. My only income is SSDI ($1,700) and a small monthly pension ($300). I have a credit card debt of $25K. This amount is spread out over 5-6 cards. I am judgement proof. Some balances I can handle (under $1K) and some I cannot (over $4K). I have not paid on the larger balances for about 2-3 months now. Should I default on ALL of my cards or just the big balance ones? When should I send a 'judgement proof' letter? When the debt goes to collection agencies? Wait and see if I get sued and THEN send them the judgement proof letter? I don't answer unknown phone numbers. They are calling me, snail-mailing me, emailing me. I haven't read any of the former yet. Thank you. PS: I love your videos!

@RWlawFL

Жыл бұрын

Glad you like the videos! We typically don't send so-called "judgment proof" letters. And we do not generally advise anyone to ever default on purpose. Have you spoken to any Kansas lawyers about your issue?

I live in NY. Signed up for an online course thinking it was a subscription. Took if for two months and realized it was not for me. I tried to cancel. They insisted that I pay the full year's feel. They are a company based in Germany and have now hired a collection agency.

@RWlawFL

8 ай бұрын

Read the contract you signed and see what you agreed to. Might need to speak to a lawyer in NY.

They can also cancel the debt and send you a 1099-C. You can file form 982 from the IRS if you're insalvant.

@RWlawFL

Жыл бұрын

That may be an option for them, yes.

I was willing to try to pay mines if they would’ve been willing to settle for less. I understand they don’t have to but still. I just hit the 2 year mark so at this point I don’t care because I’ve still been able to raise my credit score.

@RWlawFL

Жыл бұрын

Debt, collectors office shoot themselves in the foot this way. Good luck with your financial future!

I live in Florida. I am being suited. I was not home and they gave the letter to my dad. Letter stated that I have 20 days to respond.

@RWlawFL

Жыл бұрын

Call us right away… 352-568-3173 to schedule an appointment.

@tuck6464

4 ай бұрын

The dreaded Hernando County.@@RWlawFL

@RWlawFL

2 ай бұрын

Hernando County can be pretty good for consumers.

@RWlawFL

2 ай бұрын

We recommend US mail, certified, return receipt requested. Email is too easy for them to ignore.

Aside from having your credit score affected is working with Debt Settlement companies like National Debt Relief a good way to go if you have several accounts you’re struggling with debt.

@RWlawFL

Жыл бұрын

We don't recommend Debt Settlement companies. They're illegal in many states and often don't deliver the results they promise in exchange for way more money than you should expect to pay.

@TheOzthewiz

Жыл бұрын

Work with the Creditors DIRECTLY on a re-payment plan!

@RWlawFL

Жыл бұрын

This can work as long as the original creditors haven't sold the debt to debt collectors.

I live in Cali. I have been paying the hospital my hospital bill, they said that i had to pay off less than 9 months. I paid every month, on time and still sent it to collection still had 2 months left bc i didn't call them every month. No one told me that I had to call every month? and the collection company would not take off the interest even though i paid it, I wish i knew before i paid the hospital. I had like $278 left over. if i'm gonna get a ding on my credit, i might as well have just not paid at all!!!shoot!!!

@RWlawFL

Жыл бұрын

In California, give these guys a call: Mike Cardoza: www.cardozalawcorp.com/ Jay Rahimi: www.jrahimilaw.com/

I live in Texas have a debt collector/law firm who first sent me a letter on April 14th with a form on either disputing the debt or paying the debt. The debt collector then called me on April 17, they tried to take payment on the first call and I just denied the debt. The debt in question was a 20k loan from last year that I never made a payment on which has been closed/written off. They sent me some supporting documents for a "debt validation" on the 19th and now im not sure how I want to tackle this. So far I've received a few phone calls from them since the first one. What I want to do is get this off my credit, but this item that's affecting my credit is coming from the original creditor not the debt collector itself so I doubt that paying them would even do anything for my credit.

@RWlawFL

Жыл бұрын

In Texas, call Bill Clanton or Daniel Ciment. Those lawyers can help you figure out what to do.

@TheOzthewiz

Жыл бұрын

You are right, paying off the debt after it's become a CO, will have less of a negative effect on your FICO than not paying it at all (you could get sued), but it will still be a black mark on your credit report until the statute of limitation. BTW, setting up a "payment plan" will re-start the clock for the statute of limitation.

@RWlawFL

11 ай бұрын

@ozthewiz True!

First, I thought you were just an insurance guy telling people to pay debt collectors as there are a few of those videos floating around and I was about to say you were full of it. I'm just a law clerk not a lawyer but I and allot of paralegals in our office do deal with tons of these cases, but no your exactly right, you've covered every topic quite well.

@RWlawFL

4 ай бұрын

Thanks! Just hoping to help some people avoid the big mistakes I see all too often.

@Soulistic100

4 ай бұрын

@@RWlawFL Couldn't agree more. We all appreciate honest & helpful people like you!!

@RWlawFL

3 ай бұрын

Glad we could help!

I live in Texas. I saw a previous comment about it being illegal for a debt collector to collect a debt when the original creditor never informed you of the debt to begin with. If this is correct, what recourse do I have since the debt collector has already reported this debt to the credit bureau? The debt is mine but I was totally unaware of it until I received the collection letter. I received nothing from the original creditor regarding this debt. I'm trying to buy a house and this has thrown a monkey wrench into the process. I was set to tell them I'm willing to pay up just to get it removed from my credit report. But now I'm not so sure. Any advice is appreciated.

@RWlawFL

Жыл бұрын

In Texas, lawyers Bill Clanton and Daniel Ciment can tell you what you can do next to protect your rights.

I have a surcharge from my local ER because they used a "Out Of Network" Doctor. So after I paid my agreed $300 they now want an additional $1400! I have fought this for one year with no success due to poor service from the original ER Doctor service company. Now they sent it to collections... 😞 In Caldwell Idaho

@RWlawFL

2 жыл бұрын

Depending on when this all happened, some state and federal laws would make that practice illegal, specifically sending surprise bills for out of network coverage. You’ll want to research so-called “balance billing“ laws in your state to find out more.

@IdahoSnake-A-Drain

2 жыл бұрын

@@RWlawFL Yes thank you. It does feel illegal. I have never been in collections. If they would have told me that my ER visit was gonna be $1,800 with insurance because they don't have enough doctors on their payroll I would have went to a different hospital.

@IdahoSnake-A-Drain

2 жыл бұрын

Can or do people fight this kind of thing (fraud) in small claims court?

@RWlawFL

2 жыл бұрын

As far as Idaho goes, I have no idea. I wish I could give you better information.

@IdahoSnake-A-Drain

2 жыл бұрын

@@RWlawFL I appreciate the info so far thank you for making these videos.

I thank them for paying and settling my debt I do not have a contract with them I had a contract with original creditor they paid the loan when they purchased the debt I thank them for paying the debt

@RWlawFL

10 ай бұрын

Do you really believe that’s what happened? Because a lot of people who are getting sued right now, probably thought that way too, once upon a time.

Letters in NY!! Scared as hell they will take me to court! I can't pay it and I didn't do it!!

@RWlawFL

Жыл бұрын

If it's not yours, that's a good defense, and possibly even a good basis to sue them for unlawful debt collection.

So far I am only dealing with letters and phones calls for a medical debt from 2022 and I'd like to a. settle for as less as possible and b. prevent it from getting on my credit report. I am in Iowa.

@RWlawFL

7 ай бұрын

Watch our Debt Collection Battle Plan video.

san diego california getting emails only use to get letters i think i answered the phone and said cease and desist from all contact and they started emailing and updating a 2016 medical bill for a procedure i didnt get because they almost killed me during the procedure beforehand

@RWlawFL

Жыл бұрын

Watch our Debt Collection Battle Plan video to see what you should do next.

Thank you for your videos. What is the impact of a debt collection agency that isn't licensed in the state of the debtor (also the state where were the "debt" occurred)?

@RWlawFL

9 ай бұрын

If they are violating a state licensing law, the consequences will vary depending on the law of that specific state. It probably doesn't affect the validity of the debt they are trying to collect.

@markscott5421

6 ай бұрын

I used to own a collection agency, the only state I know of that requires a collection agency to have an office in their state is CT. Otherwise wherever they are located they can collect nationwide, but if their violate the FDPCA, report it to your state's attorney's office.

@RWlawFL

6 ай бұрын

@@markscott5421 I know know about states other than Florida, but we don't require a local office here.

I’m in Georgia and have been sued for credit card debt. I negotiated with them to settle and paid that amount in Nov 29 2023. The court had set a date of Jan 22, 2024 for me to appear. They have not dismissed the case. I sent the letter from them that my balance is $0 to the court mediation person requesting the court date be canceled. The court notified me I cannot cancel the case. The collection agent says they began dismissal on Jan 4,2024 but it has not yet been filed with the court. What can I do? They have sent a letter about another card , no suit just a letter less than 30 days old. I am filing the cease and desist form but need to address the first issue now. I am SO grateful for your video and help.

@RWlawFL

5 ай бұрын

Talk to Georgia lawyer Steve Koval.

@ninalegate9806

5 ай бұрын

@@RWlawFL Thanks for the response. However I got a copy of the dismissal letter yesterday in the mail(Saturday). It is addressed to the clerk and appears to be a copy of what was sent to the court. I am supposed to be in court tomorrow at 9am? Do I still have to go??

@RWlawFL

5 ай бұрын

I can't tell you how Georgia handles this, but in Florida, once a case is dismissed, court hearings would stop. Check with the clerk if you can.

The hospital keeps suing me and garnishing me in montana gave me saline and sent me home now im getting garnished twice each check last time they took every cent i had

@RWlawFL

3 ай бұрын

When you get sued check with a lawyer. Otherwise you’re in for more garnishment.

Wish I would of watch this video before I set a date with the agency to pay in full on my collections . Great info to know My question is since I set a date with the agency to pay in full on my collections.they said the report to the credit ppl at the end of July and it will come off. Say it doesn't ,but says or show "paid in full" so then do I dispute it? Since it's paid off but still on my credit report. Thank you alot for the info you earned a sub today

@RWlawFL

2 жыл бұрын

> they said the report to the credit ppl at the end of July and it will come off. Did they make this promise to you in writing or over the phone? If they fail to keep that promise there are a number of different legal theories you could sue them under: 1. Fraud 2. Breach of contract (oral or written) 3. FDCPA § 1692e (False or misleading representations)

Hi. I wonder what happens if they take you to court and they win and let’s say they sat payments and you still do not pay the payments? And if you have no income, or property, what happens than?

@RWlawFL

Жыл бұрын

In Florida, if someone wins a lawsuit, they get a judgment against you. Then they get to investigate all your finances-copies of all your bank statements, tax returns, and so on-until they find something they can take from you. They don't always find something, but having to let them look is usually pretty unpleasant.

I'm getting the letters notifications over years and years passed credit I live in Arkansas

@RWlawFL

10 ай бұрын

If they are tyring to collect a debt that's beyond the time limit, that's probably a violation.

I'm 15k in dept collection its one for 12k and some Change and the other us 2k and some change. I live in Chicago. I'm unsure about where it came from. But when I noticed it I disputed it right away. I'm waiting to hear back from the company I hired. Also it was two address on my credit report, well 3. 2 old ones and all three bearous don't share the same info as I was told.

@RWlawFL

Жыл бұрын

Good luck on your dispute!

I live in Florida. I have credit card, personal loan, and later payment on mortgage debt. Three of my credit cards have been charged off, two are under credit protection, which ends in two months. Want to get these off my credit report to clear up my credit history. Hoping to start a business soon and need to clear up my and my wife's personal credit.

@RWlawFL

Жыл бұрын

You have a few options. You can negotiate for delete, which sometimes works. You can wait until they roll off, which takes time but is guaranteed to work. Or you can follow the steps in our Debt Collection Battle Plan video.

@eldridgekevinm

Жыл бұрын

@@RWlawFL Thank you for the information on the video you mentioned. It looks as if I have my work cut out for me. However, I can do it and wipe out this dept. Greatly appreciated!

@RWlawFL

Жыл бұрын

Good luck!

I live in Arizona and am currently in a situation where I am being contacted constantly over the phone and twice by mail. The phone calls go directly to voice mail (my phone identiies them as high risk spam) but the voice-mails I receive are never complete and simply say to "please call us Monday through Friday" and that it's a recording. I am currently in a long term care health facility which takes the major of my SSDI check and leaves about $110.00 a month. I tried to set up a payment plan with my bank as soon as I realized this would become a problem but they refused and suggested I work it out with debt collections. I received a letter from the debt collector yesterday saying that they have lowered the amount of the debt but I would need to send them a check within two weeks. I don't even make enough to hire an attorney. Any suggestions? Thank you.

@RWlawFL

Жыл бұрын

In Arizona, you should talk to John Skiba

If you are paying a debt collector that bought your debt from the original so-called "creditor", that "creditor" has to provide you the copy B of the 1099C that should have been submitted for a tax wright-off. If it has not been provided, tell them that you will file one on their behalf, this will result in penalties, fines, and/or fee(s) from the IRS for failure to file. Also, that original creditor has to properly transfer the 'holder in due course' to the next third party to collect your debt. That third party then needs to inform you of your consumer rights, full disclosure... etc.

@RWlawFL

Жыл бұрын

Creditors only issue a 1099C if the debt is forgiven. They do not issue it for a charge-off, which is merely an accounting device. But if they did file one with the IRS, they were required to give a copy to you, so you should already have one in your file.

@rokemafnas344

Жыл бұрын

@@RWlawFL So am I comprehending this correctly, the creditors can sell the debt as a tax wright-off and have the leisure to forgive the debt if they feel like it?

@RWlawFL

Жыл бұрын

They can't have their cake and eat it too. They either send it to collections, and try to collect it, or they forgive some or all of it it and issue a 1099-C.

@rokemafnas344

Жыл бұрын

@@RWlawFL Weren't the original creditors the debt collector prior to sending it to collections? I'm trying to understand your explanation here since you're saying that a bank won't issue a 1099C yet have the ability to send it to a 3rd party for collections? To be clear, the amount has to be more than $600 to issue a 1099C. So it sounds like this is wrong as it states "any person" 15 U.S. Code § 1692a - Definitions - (6)The term “debt collector” means any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. Notwithstanding the exclusion provided by clause (F) of the last sentence of this paragraph, the term includes any creditor who, in the process of collecting his own debts, uses any name other than his own which would indicate that a third person is collecting or attempting to collect such debts.

@RWlawFL

Жыл бұрын

> Weren't the original creditors the debt collector prior to sending it to collections? No, not under the FDCPA. > bank won't issue a 1099C yet have the ability to send it to a 3rd party for collections They can't issue a 1099-C unless they've forgiven debt. A charge-off is not forgiveness. > So it sounds like this is wrong as it states "any person" Look again. The debt collector must be collecting "debts owed or due or asserted to be owed or due another." Creditors collecting their own debts are not "debt collectors" under the law except in some very rare situations listed in the rest of 1692a.

I’m dealing with a court action in New York.

@RWlawFL

2 жыл бұрын

For debt collection cases in NY, we definitely recommend Jay Fleischman: www.moneywiselaw.com/aboutfirm/ Please tell him we sent you.

Court action - but I don’t have the money. How can I avoid garnishment and what steps should I take?

@RWlawFL

Жыл бұрын

If you’re getting garnished you’ve already lost the case, unfortunately. In Florida, (and in most states) you’ll be able to claim certain exemptions if you’re eligible. These are all contained on the form Florida requires to be given to you. If you don’t qualify for any exemptions, what little money you do have maybe taken from you.

I had a debt that happened some years ago back in 2015 and the debt collection company continues to renew it even though I have not reached out to them haven’t talked to them haven’t done anything but it’s still showing active on my credit report

@RWlawFL

27 күн бұрын

That sounds like a violation.

What can I do? I went to UIC for one semester and for some reason my FAFSA didn’t go through so I had to pay full price for that one semester I attended. I never did pay that amount so the school sent my debt to a debt collection company. I didn’t know any better but to comply and start paying off the debt to the company, I’m currently 2 months in to paying it off out of 12 months. Can I still dispute the debt or not pay it at all? What can I do?

@RWlawFL

Жыл бұрын

It sounds like your dispute isn’t about the debt, it’s about the failure of your financial aid to come through. if you excepted the services, knowing you didn’t have financial aid, you’re probably on the hook for it. But if this was in Illinois, that’s going to be a matter for Illinois law, so I don’t have any idea what your actual recourse would be.

I’m dealing with medical debt collection in Indiana I was sent to collections after paying monthly payments.

@RWlawFL

Жыл бұрын

Medical collections require a slightly different approach, and will vary from state to state. Have you been able to find anyone in Indiana who can help you with that?

@dareedurosseaux7467

Жыл бұрын

@@RWlawFL no the hospital is in Illinois they sent it to Attorney’s in IL although I live in Indiana

@RWlawFL

Жыл бұрын

It’s not clear to me which state law would apply.

This was good video

@RWlawFL

2 жыл бұрын

Thank you!

I had a hospital keep billing for my late wife who was on Medicare and it was surprise billing. Bottom line, the hospital refused to communicate or provide detailed billings. They never sent it to collection sent bills directly to me for my late wife's bills which were fraudulent charges. Fortunately, all along I had signed nothing and in Arizona I wasn't personally responsible for debts only in my wifes name. I finally went to their billing office over and over and arround the tenth time they finally spoke with me. I explained that I knew I wasn't legally personally rersponsible and because of their bad behavior to that point I refused responsibility and refused to pay. They did a "chairatble write off." What my question actually was for you, is that the hospital claimed the FDCPA didn't apply to them because they were not a collection agency. Is that true?

@RWlawFL

11 ай бұрын

The FDCPA only applies to debt collectors. In this case, it sounds like the hospital did not qualify as a “debt collector“ under the law. So they were probably right. However, Arizona law may offer you additional remedies, but that’s something only an Arizona lawyer can tell you.

@KevinAdams-zr6bz

11 ай бұрын

@@RWlawFL This is long over but many health care providers act like this. They bill you over and over but refuse to communicate or explain and just expect you to blindly pay inflated fraudulent bills. In my case, bills I wasn't responsible.

@RWlawFL

11 ай бұрын

Understood. In Florida, we can sue a medical provider who overcharges or sends "fraudulent" bills. Most other states have some remedy for this also.

@KevinAdams-zr6bz

11 ай бұрын

@@RWlawFL I don't know why medical providers get away with habitual fraud and overbilling. One thing strange about that hospital is that they billed Medicare repeatedly for ongoing current treatment that supposedly occurred 18 months after my wife's death. I notifed Medicare of the intentional fraud but Medicare wouldn't prosecute them. No wonder why hospitals do this, nobody punishes the fraud either of us would go to prison for.

@RWlawFL

11 ай бұрын

If we find it, we don't let them get away with it.

I live in Florida. I am trying to have Portfolio removed from CR, but they will not accept a settlement. SOL has passed.

@RWlawFL

Жыл бұрын

Is the reporting accurate and complete?

I have college debt without student loan from a college in Oklahoma and a debt collection agency in Kansas has it now. I live in South Dakota and I don’t want to pay it

@RWlawFL

8 ай бұрын

Check out our Debt Collection Battle Plan video.

A lot of this depends on the state you live in, it’s all different from state to state, in some states they can garnish your wages like in Texas they can’t touch your paycheck

@RWlawFL

Ай бұрын

Every state law is different.

Here in Pa, I am trying to clean my credit. I am looking towards purchasing a house but have several negative marks on my credit. Looking at my best options. if pay to delete is my best option. If I get them to agree in writing and they refuse to take it off is there action I can take against them? I have heard conflicting opinions. One being they have no obligation to delete so they may lie and not delete it. It’s hard to know who to listen to. If they say no to Pfd, should I just leave it on or is it better to settle the debt?

@RWlawFL

2 жыл бұрын

If they give you a written agreement to delete, and they failed to delete, you have lots of options. Number one, that’s a briach of contract and you can see them for that. Number two, they’re misreporting information to the credit bureaus, which you can sue for as well, and number three, the credit bureaus must remove it and if they fail to investigate after your dispute, you can sue them as well.

In Florida, even if you are sued, how can a debt collector force you to pay in you are "head of household" and have nominally disposable income. Are you exempt from wage garnishment? Furthermore, if your home and car are jointly owned with a spouse and the debt is in your name alone, they can not even put a lien on your property. Correct?

@RWlawFL

10 ай бұрын

A judgment lasts twenty years and can be renewed. That means that they'll just wait until you're no longer head of household, no longer hold your vehicles jointly, and no longer qualify for other exemptions. And every time you get a new job, they'll try to garnish your new wages-exposing your situation to your new boss-and make you prove once again that you qualify for an exemption. In addition, they can periodically-usually about once a year-make you fill out a detailed questionnaire about your finances, and if you fail to respond or fail to give complete and truthful disclosures, they'll ask the judge to hold you in contempt of court. Also, for the twenty-plus years that judgment is sitting there, you can't get a home loan. You might not be able to get a car loan-at least not one you'd want. It will show up every time you apply for anything financial or sensitive. For some people, none of this matters. For most of the people I talk to, it's better to stop the problem as soon as you can. Check out our Debt Collection Battle Plan video for more information.

Just don't pay them. Tell them to eat it!

@RWlawFL

4 ай бұрын

Make sure you watched the video all the way through.

If the debt collector is a law firm, they can file a lawsuit against you if you don't pay, it happened to me several months ago

@RWlawFL

Ай бұрын

That is true. And when they do that, we can countersue if they e broken the law. We love when collections move to court.

I owe dept from 7+ years ago. I don't remember many of them, not to say I didn't get it, they've already squashed one.

@RWlawFL

Жыл бұрын

In your other comment, you said you're from the UK. Unfortunately, all of my videos are about U.S. law and almost none of it would apply in the UK. You need to speak with someone in the UK who handles debt collection for better answers.

@yvonneobrien7022

Жыл бұрын

@@RWlawFL thank you, I've just got off the phone with them x

@RWlawFL

Жыл бұрын

That's great news.

It's ALWAYS a necessity to have them prove the debt to you, ask them questions like. "Who is this debt for?" "How much is the debt?" "What date did this occur" Ect... The number of times "Debt collectors" Have called me and demanded payment before even introducing themselves is stupid. Most of those were scams, CONFIRM the debt is legit first before doing what the video says :)

@RWlawFL

Жыл бұрын

Or.... never talk to debt collectors on the phone. They have to give you all that information in writing anyway.

@skarmex3439

Жыл бұрын

@@RWlawFL Also true!

@RWlawFL

Жыл бұрын

Exactly!

@fucuszullanti7877

11 ай бұрын

@@RWlawFLWhat about when you negotiate? Don't you need to call them?

@RWlawFL

11 ай бұрын

We do it in writing. Phone calls can't protect you.

I have an emergency room medical bill that has fallen of my credit report and is more then seven years old and has recently been placed back on my credit report by two separate creditors for the same debt. I have been working on my credit and this has send me way back from when I started, how should I proceed?

@RWlawFL

7 ай бұрын

If it's more than seven years old, the debt collector has probably already broken the law. If you're in Florida, give us a call today and we can work out a strategy. If not, let me know what state you're in.

Hi Mike, from Virginia right here. How do I afford a lawyer if I don’t have thousands lying in the bank? I’m a young adult still going through college.

@RWlawFL

4 ай бұрын

If the debt collector has violated the FDCPA, your lawyer should be free to you. We have a free debt-collection violation resource here: ricardolaw.com/fdcpa-course-sign-up/

I called your office but was blown off because I don't live in Florida

@RWlawFL

2 жыл бұрын

Legally, we’re not allowed to give legal advice outside Florida, but we ALWAYS offer to connect you to someone in your state if we can. Did you accept that offer? So we don’t blow anyone off, we just follow the law. I’m sorry we can’t talk to everyone because we’d really like to. We’re pretty clear in the video that we can only help people in Florida and everyone in other states needs a lawyer in that state. Did you watch that part?

@crumbocrumbo887

2 жыл бұрын

@@RWlawFL yes I saw that part of your video but I was not trying to retain you to represent me in another state I needed to talk to somebody and get some legal clarification about the federal laws that pertain to me being under disability. I know I am considered what is judgment-proof but I needed a little more information as to whether or not if I get dismissed with prejudice can I ask for the bureau's to delete it from my credit bureau history nobody has been able to answer that for me

@RWlawFL

Жыл бұрын

We couldn’t possibly tell you that about any state outside of Florida.

My question was in regard to credit card debt.

@RWlawFL

Жыл бұрын

Understood. That doesn’t change the answer I gave.

Hi Mike, I was want to fix my credit and get all 4-5 of my colllections off my credit. Then I have 5-6 late payments I need handled as well. This is I’m order to get a car loans and refinance my wife’s car and also mortgage shopping

@RWlawFL

2 жыл бұрын

Dane: To get items removed from your credit you first need to figure out if they are inaccurate, incomplete, obsolete, or otherwise unverifiable. Then you send a dispute to the credit reporting agency pointing out their mistakes. According to the CFPB, 98% of the time they're going to break the law by ignoring these letters. That means you'll have to sue them to get those items removed and to recover damages. It takes time, but can be highly effective.

@DaneJRyan

2 жыл бұрын

@@RWlawFL Do you have a specific video or template to use for the dispute process? Do the dispute letters work for the late payments as well?

@RWlawFL

2 жыл бұрын

What state are you in? Before you begin, you should really understand the whole process so you don't make missteps at the start. Being with this video: kzread.info/dash/bejne/lq6KktB7ka63qLA.html and we're rolling out more videos all the time.

But are you saying that we should pay off charge offs when the original creditor received a tax right off?

@RWlawFL

2 жыл бұрын

No.

I am in ny state. I am a marine veteran was not getting care from the VA. I am a nurse had terrible insurance. At work I had an acute gallbladder attack. Surgery. After the insurance paid I have a $58,000 bill. I am 57 years old with a mortgage car payment and 20k in credit card debt. I have $11.00 in my savings account and live pay check to pay check I need help. I thought about filing bankruptcy don't know if it's a good idea

@RWlawFL

3 ай бұрын

You might be a candidate. You should probably speak with a NY bankruptcy attorney to find out.

Isn’t there a law that protect consumers from debt collectors would there be a reason why the ppl you listed say you don’t have to pay any debts?

@RWlawFL

2 жыл бұрын

There are a lot of laws like that. Watch the rest of the videos on the channel to learn more about those laws.

I applied for ASU masters degree, then before the lessons started I transferred to another university. After a year I received letters from ASU that I owe them $1330 for health insurance that I didn’t even receive insurance card. I called and wrote emails stating that I didn’t even start school nor enrolled classes, answers took couple of months. Then I started receiving mails and calls from debt collectors. I explained them the situation they said they would send proof of my debts, then disappeared. What should I do? I don’t want to pay for the mistake of university for not canceling it when I withdrew.

@RWlawFL

4 ай бұрын

Talk to Arizona lawyer John Skiba - he may be able to help.

I received a summons for a debt. It wasn’t in my legal name just the first and last name. They served my son’s girlfriend because my son name is similar to minds and she thought it was his mail at a family home in a gated community. There was no signed contract in the summons just the last 4 digits of my SS#, payment history and electronic contract with name similar to minds. The name doesn’t match my legal IDs. I responded to every item basically saying prove it and 2 months has went by and I haven’t heard anything. Clark County NV

@RWlawFL

7 ай бұрын

The name matching issue may only be important if the debt belongs to someone else with a similar name. It doesn’t have to match your ID. I’d recommend speaking to a lawyer in your area about this lawsuit.

Hello Mr. Wasylik, I don't know if you remember me. I commented on a video of yours about my experience with a notorious collector (not publishing the name, because I don't know yet the content of the settlement agreement, although for exactly this reason I could publish the name LOL). They called me a few times, and each time violated the Federal Fair Collection Practice Act. You told me you could not help because I live in Oklahoma (out of your area of practice). Well, I found a lawyer who could work my case. So this company tried to collect about $122 and ended up settling for $750 due to me, plus attorney fees in the thousands. I should get a check within a few weeks. Now I am ready for round TWO, when the medical provider will try to sue me for the $122. I am ready with a conter-claim in the amount of a few hundred bucks, plus their attorney cost. All this originated because the medical provider made a billing error on my medicare account and refused to take care of it in a timely manner. Sometimes I love stupid Corporate America!!!!!

@RWlawFL

9 ай бұрын

I'm glad you found someone to help you. We could use the name of a good Oklahoma lawyer to send cases to, so if you have a chance, please send it to us through here: ricardolaw.com/contact/

@roadrunner156

9 ай бұрын

@@RWlawFL I am filling out the form right now!

@RWlawFL

9 ай бұрын

Thank you!

What if you’re unemployed? How do you pay with something you don’t have?

@RWlawFL

14 күн бұрын

Watch our Debt Collection Battle Plan video.

I just started getting a bunch of phone calls that I owe money from 2015 around 900$ but haven’t received any mail and they have threatened to sue and garnish my wages but nothing is showing on my credit report I’m in SC

@RWlawFL

Жыл бұрын

Getting unexpected phone calls about a debt from several years ago can be frustrating and overwhelming. Here are a few tips that might help: 1. You should research theSouth Carolina statute of limitations on various types of debt. It may be that a creditor or collector can't sue you to collect on the debt after this time period has passed. 2. If a debt collector threatens to sue or garnish wages for stale debt, that's a violation of the FDCPA and you may be able to sue. 3. If you haven't received any mail or notice from the creditor, it may be that they don't have your current address, or that they are trying to collect a debt that's past the statute of limitations. 4. You should verify the debt and ask for validation that the debt is yours and the amount they are claiming you owe is accurate. If the creditor or collector is threatening to sue or garnish your wages and you believe the debt is not valid or past the statute of limitations, it's important to take action quickly to protect your rights and your paycheck. When debt collectors break the law in this way, you can level the playing field-and maybe even make a profit-by suing them for their illegal conduct.

What if they are still calling you and your family members at their jobs . 9 years after the statute of limitations ran out . I figured they would have given up on something 15 years old. Mine actually never was posted to my credit report

@RWlawFL

25 күн бұрын

> 9 years after the statute of limitations ran out . If a debt collector called a family member of mine about an ancient debt like this, I'd sue them so hard their eyes would bleed.

@JoeT-re5ro

25 күн бұрын

@@RWlawFL in 2019 I called the police . They left a message on my phone number with my drivers license number and Social Security number and said there was a warrant out for my arrest for not showing up in court . There was no court. It was a scam to get me to pay. The police looked into it and told me the only thing I could really do is block them and not respond . Problem with suing them is they call from spoofed numbers . I had an attorney called them once and they cussed her out.

@RWlawFL

22 күн бұрын

If it's truly just a scam, then your only real remedy is to ignore them and block the numbers. Even if you tried to sue them, you'd probably never find out who they really were.

Im getting sued for credit card debt by US Bank and discover etc. i filed answers denying everything now case is being transferred to arbitration. What should I expect next and do can you recommend an attorney in southern Oregon?

@RWlawFL

Ай бұрын

I don't have anyone in Southern Oregon at the moment. But look for a lawyer near you who handles "debt defense" or "FDCPA" cases.

Does a debt collector (attorney for an original creditor) need to notify me of my rights (notice of debt) as stated in 15 U.S. Code § 1692g within 5 days? I was served with only a Summons and Complaints and so I filed an answer to the complaints over a week ago and they have not contacted me at all nor have they filed any additional documents with the court. Is the responsibility on me at the beginning stages of the lawsuit to reach out to them? (Nevada).

@RWlawFL

2 жыл бұрын

No. See §1692g (d).

Hello I was paying a medical bill monthly and my bill was still sent to a collections. The amount is inaccurate but I want to make sure it doesn’t damage my credit which is excellent. I’m in Texas and want to know how do I go about this the best way? Do I negotiate and ask for in writing?

@RWlawFL

9 ай бұрын

In Texas, call Bill Clanton or Daniel Ciment. Those lawyers can help you figure out what to do.

Last semester, I took online courses through a university that I have attended. Me being an idiot, I never took care of the tuition. Now I owe almost $2000 to the Attorney general. I can't afford to drop $2000in one lump sum. I don’t want this to report to my credit. what do i do?

@RWlawFL

2 жыл бұрын

Since you’re already late, they could probably report it right now. If you reach out to them and agree to some kind of payment plan, they might be willing to skip the reporting. Depends on who’s collecting the money.

How can a cc company sue you and take you to court if you moved out of state, they don’t know your address, and therefore can’t serve you?

@RWlawFL

4 ай бұрын

Every state has different laws about service, but if they don’t know where you are, it's hard for them to obey the law requiring them to sue you where you live.

Thanks for you great Video; it's full of useful information. My friend receives Social Security Disability Insurance(SSDI) monthly benefits. The State Of Vermont involuntarily committed my friend to a psychiatric facility in Vermont for which he was charged Rent. My friend refused to pay the Rent and each month the State Of Vermont sent him Letters saying that the Rent amount was due and it began to accrue. The Letters also said to contact the State Agency if a payment Arrangement is needed. A few of the Letters were sent certified and threatened further action if the Rent Money was not paid. My question is this: isn't Social Security Disability Insurance Money exempt from garnishment and bank levy if my friend is Sued and the State Of Vermont wins? Because Social Security Disability Insurance Money is my friend's only source of income, would a Judge rule in my friend's favor if my friend is Sued by the State Of Vermont? What Statutes and Case Law protect Social Security Disability Insurance Money from Lawsuits, etc.? Please respond, Thank You Sir.

@RWlawFL

5 ай бұрын

When you're dealing with the State, different rules apply. Check your local laws in Vermont about how to handle that. (As a Florida lawyer, I'd have no clue)