Thanks for the great advice on your videos. I wouldn’t have taken the first steps w/o your videos even though I knew they were wrong. I was served a petition and answered “expired statue of limitations” & sent my supporting evidence. I called a lawyer in my state for a free consultation and they took my case for free due to 3 federal violations committed by Portfolio and their lawyers trying to collect on my time barred account and mailing out collection letters to me after that time. We’re goin to court and counter suing.
Excellent! Glad to hear you took action and it sounds like you have found some good attorneys in your state that will help you. If you can, let us know how it turns out for you. Best wishes and congrats again for taking action! John Watts
I just would like to tell you I appreciate your videos I have been watching them all morning and they are very helpful. Thank you so much I have learned more from you then all my reasearch combined. I only wish you could represent me in California.
Im being sued. No court date yet They provided copy of 1 page document of i believe the purchase agreement. Also several old statements and a 1 page document from a 'list of accounts' that shows my name and account number. Is this enough proof for court to grant them a judgment? They are not on my credit report. Original creditor shows zero balance and closed on one and another shows paid charge off with a zero balance. Does this help me in any way. It is within statute of limitations.
It is ILLEGAL for companies to buy, sell or trade your information with a company such as a debt collection agency. 99% will say whatever company hired them. It DOESNT matter! It’s against the law! I had a company called ERC call me this morning had my name, phone number, social, date of birth and even address! I let her know her company was performing illegal activity and I would be seeking my financial adviser and lawyer she soon ended the call. I then called back and spoke to a “Supervisor” she said repeatedly that since I was “going that route in the conversation” that all she could do was tell me to mail a letter to a address in Florida. Strange how they used a Missouri number to call me in Missouri! Hmm I will be mailing a letter to them. But to everyone if a collection agency calls you tell them it’s illegal and you want your information deleted from their systems as you did NOT authorize them to have your info! We need to shut these collection mills down!
Will do Jeff -- thanks for encouragement! I've been buried in a federal case so haven't had time to record any other videos but will do so soon. Have a good one! John
Sadly not much normally. If the client tells the collector it is a valid debt they can collect. Now if they are wrong, then the collector will have a HARD time defending by saying "The original creditor promised us" unless there are a lot of documents transferred and promises in writing etc. But just to answer your question the collector normally does not need much in order to start collecting.... John
Is there any laws being broken or attempts to brake the law if someone or a person from a business misleads a collection agency to attempt to collect for them based on there here say ?
I know this video is old, and hope this question can be answered... if a CompanyA sells your debt to CompanyB, then writes off the amount you owed, how is it possible CompanyB can attempt to collect the debt if it was already written off?? Or does CompanyA write off the debt... confused.
Great question. Here's the basic idea. "Writing off a debt" is an accounting function -- means don't think they will collect it. So it has some tax advantages for the company writing it off. At least in most states it does not affect the legal obligation to pay it. So the debt still exists -- that's why it can be sold. But each time the debt changes hands there is more and more chance that there really wasn't a valid sale. Or the documents are lost. Or the purchase agreement says the new company won't sue, etc. So you may not owe it but the above is the general theory of how you can owe the new company. Let me know if makes sense thanks! John Watts
So then if you finally pay the debt to CompanyB, does CompanyA then have to amend their receivables and pay tax on the amount collected? As well, companyB showing income on the debt. My guess is they don't amend tax returns, and the debt can be used several times over as a loss ... by several collection companies?@@johngwatts
So what if a debt collector supposedly sends a summons to court to a address you have not lived at for about 7 years? What if there is no excuse as to why the debt collector would not have your current address, due to it being the current address the debt is under? How all of a sudden I get notified from my work telling me that this legal action against me, took place? And how is it they know about it before I do? How is it legal for a collection agency allowed to handle legal documents that determine whether you are or are not notified of a case against you? And how is it legal when it becomes a controlled opposition, "I don't want him/ her to defend them self, so I am simply not going to notify him/ her, or make the worst possible attempt to notify the defendant, ensuring I win"... How is this legal, and how is this possible for any plaintiff to have this power over a defendant? You KNOW they will abuse this power, and they can NOT be trusted with it. It is not that I do not owe a debt, but with whom do they represent, and why I am denied the ability to plea, is what I am upset about. You may have bought my debt. And maybe I am giving you the F you. But if you can't send me legal documents telling me you are/ will sue me, then how is this legal and when does this become perjury? "Was the defendant notified"?.... Um... Kind of, maybe.... Errr.... Yeah, sure we did. It's not that I am denying owing something, but I have rights, don't I? Where does this end? If they can prosecute you for this, the way they did, what stops them from prosecuting you for murder? Theft? Guilty on default?
Eric, I understand your frustration. There is no excuse for a debt collector/debt buyer doing what you are mentioning. The fundamental starting point in a lawsuit is you must be properly served. This is a "due process" requirement. Without being served (as defined by your state law), then it is unfair to proceed with the lawsuit. I would immediately get with a consumer protection lawyer in your state who understands how to defend these cases and also sue abusive debt collectors. You need to fight back hard against this as it is outrageous for them to do what you mentioned. Best wishes and thanks for sharing your story. John Watts
Thank you, I appreciate it. They had no excuse to send anything to a address that old. They had to know I did not live there and have not lived there for years. "IF" they bought my debt, THEN they bought my CURRENT information with that debt. Therefore they have to know where I live and work, I still do not understand how they are given the ability to serve anyone if it is NOT in THEIR best interest to serve a defendant. How is it they are allowed that responsibility? They would be asked in court if they did serve me, right? They would have to answer that question correctly. If they lied in court, then what is it? I am denied due process. Further more, I don't know who they are, or the bill in question, nor do I have any such contract with THEM. Do I not have a constitutional right to contract or not to contract with whom I choose? Sure, you can buy my debt. Exactly what does that mean? No joking around, but isn't that MY debt to sell? What about the company who sold my debt in the first place? Is that not already WRITTEN OFF AS A LOSS? In other words, if it's written off, IT'S DONE. I NO LONGER OWE. So when a company sells a debt, they are now profiting on it twice? Once on TAXES, twice when they sell the debt for pennies on the dollar to a agency? Am I understanding this correctly?
Eric, I'll do my best to answer your great questions: "I still do not understand how they are given the ability to serve anyone if it is NOT in THEIR best interest to serve a defendant. How is it they are allowed that responsibility?" JW -- The plaintiff (the one that sues) is supposed to make sure you (the defendant) get properly served. They can have the court do this by certified mail or by sheriff's deputy or the plaintiff can hire someone to do this (private process server). The incentive to get it right is if you are not served (at least in Alabama) you can make the judgment go away. But you are right that some of these guys play games with lying about people being served so that they can get a default judgment. "Do I not have a constitutional right to contract or not to contract with whom I choose? Sure, you can buy my debt. Exactly what does that mean? No joking around, but isn't that MY debt to sell?" JW -- No it is not up to you to sell the debt. The debt -- the obligation -- is owned by the original company. It is a "thing" just like a pencil or a car, etc. It can be sold for a little or a lot. "What about the company who sold my debt in the first place? Is that not already WRITTEN OFF AS A LOSS? In other words, if it's written off, IT'S DONE. I NO LONGER OWE." JW -- Normally the original company does write off the debt. This is an accounting function -- basically means they do not expect to get paid on the debt. It is to keep their books accurate -- otherwise companies could list as huge assets all these very difficult to collect debts. But it does NOT affect the debt itself. The debt is still owed even when "written off". There is a lot of confusion in this area but (at least in Alabama which I'm assuming you live in) the debt is still alive and well. "So when a company sells a debt, they are now profiting on it twice? Once on TAXES, twice when they sell the debt for pennies on the dollar to a agency? Am I understanding this correctly?" In a way they are. So if they deem it as bad debt, then yes they often get a "deduction" for the bad debt. Now if they collect it later or sell it later, then that counts as income for them. Very unlikely they get 100% of the value of the debt. Here's an example. I owe $10,000 to ABC company. I don't pay it. They write it off so they get a $10,000 deduction against their income. Let's say they are at a 30% tax rate -- so this saves them $3,000. (It is more complicated than this but just to illustrate I'm skipping some of the details). Then they sell the debt for 5 cents on the dollar. So they sell the $10,000 debt for $500. So they do profit "twice" in a sense but not as much as being paid on the full amount. The MISSION CRITICAL concept to understand is that the person who claims to have bought the debt must PROVE it OWNS the debt. These debt buyers that sue you -- they must show in court (if you challenge them) that they actually truly purchased the debt and now own it. Hope this helps! John Watts
If the debt was not purchased, how is it that a collector would know this debt exists in the first place, how would they get any personal information? I mentioned it was not a question I owed someone.. But I certainly did not contract with them. It seems they have my name right. But for them to be able to garnish me through my work, tells me there is no reason anyone should have been using a 7 year old address that I have no connection with. If they can garnish my work, then they know where I live.I do have reason to question if they own my debt now, simply because they should know this. I was never trying to weasel my way out. The reality is I owe "someone", but it should be fair. This is not even stabbing me in the back, it's fraud. I'm in Washington State, I can't imagine the laws are that different here. I am simply trying to get a understanding how it works.
The collector either purchased the debt or when it was sent to collection, your personal information would go with it. Definitely get with a consumer protection lawyer in Washington as if there is a judgment against you then you need to take immediate action on this. Best wishes... John Watts
Is the same general information true for just about every state? for an example, I'm in Iowa & I go in and say I want them to provide all of the proof will the judge make them show the proof? & if they do how long does that normally take along with the witness? Also, if they can't / don't want to will the judge drop the case? also does it matter is it's secured debt or non-secured?
Thanks for your comment -- you'll need to get with an Iowa attorney. I just don't know what the rules are there. Now as far as ignoring a lawsuit, I feel comfortable saying doing that anywhere would be a mistake. But how the proof works in Iowa? I just don't know -- sorry! You should be able to ask a consumer protection lawyer in Iowa to look at your case and give you some feedback. We often show people in Alabama how to win their case on their own so hopefully others do that in Iowa also. Best wishes and sorry I can't help you more. John Watts
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Many thanks, been searching for "can collectors take you to court for a debt?" for a while now, and I think this has helped. Have you heard people talk about - Donadelyn Stupefying Dominance - (should be on google have a look ) ? It is a good one off guide for discovering how to repair your credit without the hard work. Ive heard some interesting things about it and my colleague got excellent success with it.
I have mulyiple accounts with the same company on my credit report in collections. Is there any way to get them to get them to total the debt int one account instead of four?
Al, I know this is frustrating but if you truly have multiple (4) accounts, then the creditor is normally not required to put them into one account. So this means you end up having 4 negatives. You could ask them to combine them but I don't know of any law that requires them to do this -- perhaps your state has a law but Alabama does not. Sorry can't give you a better answer.... John Watts
DO CREDIT CARD COMPANY'S /COLLECTION AGENCY USUALLY GOT TO COURT FOR A JUDGEMENT AGAINST YOU FOR DEBTS UNDER 10.000$.. seems a lot of legal work for such small sums...(not enough meat on the bone)
Amos -- in Alabama there are suits by debt collectors for $500. We used to only see suits for about $1500 and above but every year we keep seeing lower and lower amounts. And I'm not talking about an odd outlier type of case but dozens of these. Someone ran the numbers and decided it is profitable for them to do this. Maybe not so much on each individual case but maybe it encourages consumers to pay them quicker as they know suits can and will be filed. Thanks for comment John
If I get a letter requesting I reply within 30 days o they will think the debt is valid, should I request them to validate the debt then, or wait until we are inside a court room and ask them to validate it there
Great question Al. I'm assuming they have NOT sued you but instead sent a collection letter. Every situation is different but in general terms I would consider sending them a dispute letter like this -- www.alabamaconsumer.com/2012/04/simple-letter-debt-collectors/ Now if they have sued you, then you have to decide if you push them now to provide some type of proof or if you wait till trial. That really depends, in my opinion, on who has sued you and what court you are in. You have to know your opponent and the battle field. Regardless of whether you have been sued, get with a lawyer in your state. If you are in Alabama, feel free to reach out to us at 205-879-2447. Lots of individual factors come into play but in general terms -- no lawsuit, ask for proof -- if lawsuit, then it really depends. Sometimes we ask for proof but normally we don't as we trust in our ability to beat them at trial.... Hope this helps a bit.... John Watts
If a third party debt collector sues you after the SOL expires, then a consumer protection lawyer can help you. If you are asking who sues debt collectors, google for a FDCPA attorney in your area. The FDCPA is the Fair Debt Collection Practices Act. If I didn't answer your question, let me know and I'll do my best to answer. Thanks for your comment.... John Watts
Sasha, At least in Alabama the company suing typically serves the incarcerated person through the warden. It can get complicated as far as trial goes -- some inmates can get permission to be at court and others can't. I haven't had that happen before but I assume the judge would hold the case until the person can get to court. And probably if incarcerated a long time the collector would not be interested in pursuing the case is my guess. Hope that helps John Watts
Thank you so much sir. It’s a bad situation all around. However I can’t pay them so not sure what can be done. I’m also in NJ so it might be different. But you also can’t get blood from a stone I suppose either. Thank you did your reply.
Thanks for your comment Jamie. Unfortunately in Alabama this is not correct. Maybe in other states but not here. I see lots of people make this argument then they are shocked when the judge rules against them. So if you take this position make sure you are right so you don't get disappointed. Best wishes John Watts
Sorry you lost. Normally you will have some right to appeal or ask the judge to reconsider. You have to know your state's laws to know what those options are. Sometimes there is no option other than to pay. Unfortunately whenever there is a trial, someone is going to lose and someone is going to win. Better to attempt to win and then lose than to give up and let them get a judgment. You can contact the collection lawyer to talk about setlement. Or as I always recommend, find a consumer lawyer in your state to get some advice about your specific situation and the rules where you live. www.consumeradvocates.org/find-an-attorney If you live in AL contact my office and we can tell you your options -- very short period of time to appeal etc so call us ASAP but only if in AL -- that's where I practice. www.alabamaconsumer.com/contact-us/ 205-879-2447 (only if in AL) John PS -- if you are in GA I may have someone that can help you -- reach out to me through www.alabamaconsumer.com/contact-us/
@@johngwatts thank you so much for your reply ! I live in Texas but the case is in California:( I told the judge to ask to see the original copy of agreement but he ignored what I said and ruled in their favor Alain tried to use statute of limitations but he still ruled in their favor. I open the credit in 2014 our statute of limitations is 5 years.
Normally your wages won't be garnished until you lose a case -- you have a judgment against you. So I would find out if you have just been sued and someone is threatening to garnish or if you have a judgment against you. At least in Alabama, it is unusual for the collection lawyer to actually claim to own the debt. Normally the lawyer is just representing the debt collector who claims to own the debt. So definitely call a consumer protection lawyer in your state to get to the bottom of what's happening. If you are in Alabama you can reach out to us (205-879-2447) but whoever you call make sure you have them look up your case. I'm just a bit confused on if you have only been sued or if you have a judgment against you also. Best wishes! John Watts
I can only speak to Alabama but here's what my clients do. If the original debt is really theirs (i.e. no ID theft, etc) then they say, "Yes I had a xxxx credit card." Then they are asked, "So you admit you owe us the money." "No." Lawyer says, "But you just admitted you had the credit card so you must owe us." "I owe on the credit card something but I don't owe your company." It all goes to the difference in "owning" and "owing". Very important concept to keep in mind. I owe a bank money on my house. It doesn't mean I owe you UNLESS you are my bank or you bought my mortgage loan. Hope that makes sense and definitely get with a lawyer in your state for help. Best wishes! John Watts
Alabama Consumer Protection Lawyers do you know of a good consumer protection lawyer in Southern California? Midland just filed a complaint against me in court
Don't feel bad, they are coming after me in Hew Hampshire too. Think they finally wised up and are seeing more educated debt consumers following them into the court room...Good luck.
What happens if you lost your job and have ran out of money to pay the debt? Have been sent to collections. Have tried and tried to find another job; but, to no avail.
Norma, I hate it for folks who are in this position -- trying to work but not able to find a job. In that in between period of no job, here are some options -- some will work better for one person and some better for others: 1. Let your creditors and collectors know your situation -- be very honest with them. Some will work with you -- some won't but you may find some that will give you a break until you get back on your feet. 2. Send cease and desist letters so you don't get any more calls, at least from the collectors. ru-vid.com/video/%D0%B2%D0%B8%D0%B4%D0%B5%D0%BE-MRnSqymJ2zM.html 3. Borrow money from family and then repay your family when you get back on your feet. 4. If during this vulnerable time period, the debt collectors are abusive towards you then sue them. ru-vid.com/video/%D0%B2%D0%B8%D0%B4%D0%B5%D0%BE-crC-pOeLx1w.html 5. Bankruptcy is a last resort -- an extreme option -- but for some folks it makes sense. I won't sugar coat this -- when we have no money, and no job, there are going to be bad consequences but hopefully, those options can help you think of possibilities to get through this difficult time period. John Watts
Have a question I'm in the state of California I got a letter from a law firm saying intent to sue . And that for me to get in contact with them in seven days and the letter saying that they're trying to collect a debt on behalf of their client. Which is a third-party collector not the original lender. What should I do in this situation
I would definitely get with a CA consumer protection lawyer. You need to figure out your options. Will this company sue? Will they (or have they) credit report on you? Can this company that claims to own the debt -- can they prove this? Does this collection law firm sue? I would definitely get with a lawyer and see if you need to dispute or exactly what you need to do. Good job jumping on this -- our tendency is to procrastinate when get bad news. So you are doing the right thing taking action -- keep doing it! John Watts
John, I haven't seen a lawsuit that small but I have seen them as small as $250. Regardless of the size, if you don't answer you will end up with a default judgment. That can go on your credit report. So I would not ignore any case whether big or small or in between. Best wishes John Watts
Jocy, I don't practice in FL so definitely get with FL lawyer. I think maybe you have to be told when the debt is sold or assigned? And also keep in mind your version of the FDCPA (Fair Debt Collection Practices Act) -- I think it is the Florida Consumer Collection Practices Act (FCCPA). Best wishes and sorry I can't give you more info. John PS -- try www.consumeradvocates.org/find-an-attorney to find a lawyer in FL.
Indeed it is. But illegal and impossible are two different things. Lots of bogus accounts put on innocent people's credit reports. Thanks for your comment. John Watts
i don't ooun a job i don't make ads at all i just trying to get a video taken down on gator channel that i don't want to be sued from the ftc for a missunderstanding i don't break laws i respect the law i just am here to get a video tooken down and from gator channel that all i don't want to end up in jail for a missunderstanding
I'm not getting your comment -- are you saying I should be telling people this or I did tell people this? I'm sometimes slow in responding to comments due to court schedule, etc. but I do try to respond to any that I can. I want to make sure I'm understanding what you are saying here. Thanks! John Watts
I’m saying that it is refreshing to see someone who actually checks that the legal process has been completed correctly. Helping people in debt in the UK it is often debts sold with as little as an address. When challenged in the UK the original signed agreement or a certified copy are unable or Pre 2007 agreements that are flawed. Sometimes companies buy loan agreements which are statute barred and never were loans as the person failed a check- companies then pursue these non loans for payments. Keep up the good work.
Understand -- thanks! I was curious how other countries handle this -- I suppose debt buying, etc. is happening all over. Thanks for your message! John Watts
Correct and the question in UK would be IF the debts are bought then the buyer going after full face value when bought for pennies in pound are fraudulently giving courts “genuine pre estimate of loss” for full face value Second to that www.legislation.gov.uk/ukpga/Vict/45-46/61 Bills of exchange act 1882. Rightly or wrongly Debt companies try to create joinder of the alleged debt and contract to replay alleged debt- when debtor breaks the repayment plan it is breach of contract and not original debt that is chased. Debt companies acting as agents can also make the creditor vicariously liable for their actions. My angle is if you agreed the debt and the paperwork is in order- pay your debts or preferably don’t take on credit. If the Debt is sold, then it is written off as a cost of doing business and the parasites who pursue these penny in pound debts deserve everything they get for sloppy work and missing paperwork. As a Mckenzie Friend I have 95% successful written off or debt returned to Creditors to make a zero interest / reduced repayment plan. Not being tied up as a solicitor or barrister or other regulated individual- There is no self preservation of ones job. Debt charities in UK are the worst as funded by industry- they won’t even challenge authenticity of debt or paperwork to check it is enforceable
