I had a neighbor who had their mortgage sold several times within a couple months. Their payments got sent back so they waited for someone to make contact and tell them where to pay. Never happened. This was in 2005 or so. Last year some company they had never heard of notified them of foreclosure. They asked for proof that this company held the mortgage. Guess what the company did not have? Company took them to court, they showed the judge their returned payments and their lawyer asked the company to produce the mortgage agreement. Oops. Funniest thing I ever heard of. Essentially, they got their home for free when the judge ruled that no one held a valid mortgage and therefore the mortgage was paid as agreed and the liens had to be released. I'm sure it was stressful as heck, though. That particular judge had a reputation for tossing creditors out if they did not have every single thing in proper order. A shame she retired.
So your "neighbor" didn't pay any mortgage for almost TWENTY YEARS while they 'waited' for someone to contact them for the correct way to pay? Your "neighbors" were the irresponsible ones and are at fault.
➡️ They also say that people were served when they were not. If you don’t show up to a hearing, a default judgment will be entered, and it seems they just want money even if it’s the wrong person.
2008 my Mother passed away. Some guy showed up at the house a few days later with a Subpoena. Over a Mortgage that wasn't paid. Another person with the same last name. Of no relation. Problem was, My Father paid the house off years before. This guy literally blocked the driveway with an old beat up truck. When he came to the house He looked like he was selling landscaping services. I almost had to call the Police to have him removed. One word of Advice, When there is a Death in the family, People start showing up claiming things and monies owed.
When my father died, someone called my mother saying they were J.C. Penney, and there was some problem on her account. She was 72 years old at the time, and had no knowledge of scammers, could barely even write a check. I just happened to walk in and saw her with her J.C. Penny card in her hand and asked who she was talking to. She told me and I got the phone away from her and said this is her daughter, who are you? They hung up, and I had to explain to her about scammers and how they preyed on older women who had just lost a spouse.
@StuffThatNeedsToBeSaid That’s exactly right. Last time he was in office, his administration expanded how debt collectors can retrieve their debt… I would expect this behavior to continue again.
Which is something the Trump administration want's to delete. They would tell a scam company like this, "pay us $1m and you can do whatever you want". I'm not joking.
So the business model is clear: 1. Buy old debt 2. Hope that a percentage of people ignore the requests for the money 3. Sue them This is something elected officials could easily fix in order to stop these predators, but since they're paid off, they have no interest in doing so.
Why would they stop it anyhow? If someone truly owes someone else several thousand dollars, and the person owed has no faith in getting any of it back, they can sell it. It gets abused sometimes but is necessary otherwise.
@@DarkKnightBruceit's abused ALWAYS. Please stop acting like these debt companies are doing it in good faith! And last time I checked America is all about being able to start over so people CAN choose bankruptcy and that debt is discharged if not student debt!
@@DarkKnightBruce It's a numbers game,...throw out 20K notices, count on a big percentage paying off. The ones who pay...and the ones taken to court for non-response. It's a win either way...a saturation of malfeasance.
My family of brothers have a debt collector trying to get debt of my dead mother. My father has Alzheimer’s and is in memory care and on medical assistance. These debt collectors are criminals pure and simple
A friend of mine works for the IRS and they have agreed to provide me with tax records belonging to this scummy company for at least the last 10 years.
I am currently working with a scam call center in india. We are formulating a plan to impersonate a credit card company. Then we are going to contact portfolio and act like we need to sell these debts. Then after portfolio forks over the money for the debt that they think they are purchasing, the scammers will keep 20% and distribute the rest to the victims of portfolio. I will be leveraging my experience in customer service and social engineering and I will be writing the script for this scam in mid-January. Maybe if portfolio gets scammed and loses a ton of money from purchasing fake debts, they will have to shut down. But legally, this is not fraud because you're just fighting fire with fire. And if portfolio does fall victim to any of these tactics, it is not fraud, it is a Robin Hood style event.
@@mathewmclean9128 Your friend can be fired and face jail time if they do. The release of records requires consent from the party who the records cover.
even thou I personally had issue. w/debt coll. .. if u owned a small biz. ? don't u think it is easier/mor convenient to send debt cust. owes to collections ? instead of taking matters/debts into consideration ?? 😢😮 I'm just sayin ..? I like to look at other reasons of issues . ?? 😮😢
I had one debt collector who kept taking me to court without ever letting me know they were and the only reason they were allowed to do that they lied each time saying i had made an agreement to pay but never kept that agreement. I had moved to another state and never once had received notice that they were taking me to court and never once had agreed to anything. My understanding that this is common practice to keep the debt active before it becomes an uncollectible debt. It's illegal for them to lie to the courts
Yes once you admit that you owe the debt and make payment arrangements m, you are on the hook. That's why they lied and said you made arrangements. They supposedly record every call. Just ask them to play back the call for you to prove it
@elwakka1944 I hear that. My ex used have a couple of cop buddies who liked to drink at the local bar where he drinked all the time. We were in the middle of getting divorced when one of them started to follow me as I was going home. Followed me all the way to my driveway and then turned on his lights. He gave me a ticket for not using my blinker to make a turn. I knew he was following me and I always used my blinker so I went to court and asked to see the video. Judge disappeared for about 10 minutes came back and dismissed my case. My ex's cop buddy tried to frame me. I don't know if he had gotten in trouble or not but I sure hope he learned a lesson
Debt collectors are out of control and need to be reigned in. I have one hounding me for medical debt that was created due to a billing error. The debt collector knows this, my insurance agency has been in communication with them. They don't care, they're just trying to bully me into giving them money.
Only ever had one debt collector reach out to me and it was over medical debt. The hospital was double billing people and the debt collection washed their hands of it quickly.
@@draneym2003 What does that supposed to mean? Those are laws. They are passed by legislators not the public. We are a representative republic not a direct democracy. If you’ve got something to say to clarify what you mean, just state it.
Welcome to lawfare. Imagine how many hours were spent fighting this, contacting the news, etc. now imagine you don’t have the time and resources and contacts to accomplish what this person has.
@@philswaim392 there has to be a clause stating so in the contract. Most new contracts have that clause now but if you have an older contract or especially from a smaller company that clause isn't included. I think it was 2010 when we started including it in our contracts but there was usually an escrow or hard asset to recover if we were owed. that was a completely different industry though.
If the debt is large enough I imagine it’ll follow you a lot more? Interesting side note: Chinese people are not allowed to declare bankruptcy they will simply have wages garnished until they die.
Never pay a debt collector, but if they take you to court and you better show up in court and ask them for the receipts, if you don't show up the judgement will go against you by default, then you will legally owe them the money
@waynedavis724 Yes, but consumers have ways to avoid court too. YT has videos on such actions, and they actually worked. Not to mention, Collections removed from Credit Report.
Right for the most part, however buried deep inside some contracts are those tiny little letters that no one understands that makes you liable. The EU shut this kind of thing down a number of years ago, when even their lawyers couldn't make head nor tail of them
@@tallthinkev Debt collectors do not have access to any contract you might have agreed to. If they claim to, tell them to be sure to bring it to court with them because you will be asking the judge to have you produce it. All debt collectors have is a list of names and the amount of debt they owe, nothing more. You have no legal obligation to pay them anything unless you fail to show up in court and lose the judgement by default.
I work in customer service and I am also great at social engineering. I am working with a scam call center in India. We are going to impersonate a couple of credit card companies and contact PRA looking to sell some debts. The debts will look 100% real but will be fake names and fake customers, then once PRA sends the money, they will get what looks like files containing the debt info, but will be trojans and malware, or if the scammer is feeling extra evil, RANSOMWARE will be sent.
@shericeskreativlane That's a Tricky One, depending what State you live in. In Arizona they keep reselling the debt & they report it again. The best thing is Check Your Credit Reports & Mark it return to sender, person not known. Once you open it & or call them, they get you & will bug you to death.
In May 2015, a jury ordered Portfolio Recovery Associates to pay $82,990,000 in punitive damages for the malicious prosecution of Maria Guadalupe Mejia, a Kansas City woman who was pursued by PRA for a $1000 credit card debt she did not owe. The company was also fined $250,000 for violating the Fair
I don't know if this is true or not, and I don't care, but whatever they lost in court on, it wasn't malicious prosecution. Prosecutions are criminal proceedings brought by prosecutors who are government employees. There are no criminal charges possible for debt. No one was prosecuted for anything, therefore there can be no malicous prosecution. That's not what happens in civil lawsuits.
All 20k people all need to get together with a lawyer and create a single class action lawsuit demanding that the company provide specific information as to exactly how the debt was incurred and the specific information on the exact person who owes the debt. Unless they can PROVE that the debt is owed, then the action must be immediately dismissed with prejudice.
It would be more effective to not use a class action; but force single cases to be heard and file speedy complaints when the court buckles under the load.
These are also Attorney violations. She needs to file a complaint with the state bar so the attorneys can get suspended or disbarred. If all 20,000 Victims file complaints with the state bar and attorneys lose their license to practice, word will get around and the practice will stop.
this is what happens when you put dumb judges on the bench, the judge should of dismissed the case just on the grounds it is beyond the statue of limitations, and promise these people are not being served either with the court papers
Contact your representatives then and give them your opinion. If all you do is make a quick comment on TH-cam then you really don't care about it all that much.
This is outside of the 6 year statute of limitations for debt in AZ but you have to go to court to fight it and many people ignore this and they get away with a default judgment. Not the first portfolio has been in the spotlight for shady business dealings I’m sure it won’t be the last time.
@@pcs9518 Yep. And the problem is that if they are a no-show, the statute doesn't even have a chance to come into play. If one party doesn't answer the default could be entered without examination. The number of times they were caught is fewer than what they bring in, so they will keep doing it. It should be the other way around, you have to prove at face value that you have a right to start a suit within the limits, like some other countries do.
Debt collectors went after me for debts I didn’t owe. A thief stole my checkbook and writ a whole bunch of bogus checks. I filed affidavits of fraud for every single check with the local court. Had to go to small claims court to fight some of the charges. Police reports filed and all that. Twenty years later, a debt collection agency started calling. They’d bought up the zombie debt and were trying to collect. I still had the affidavits of forgery from twenty years prior and still had copies of the small claims court victories. I sent them the paperwork along with an attorneys letter stating that I didn’t owe the debt. It’s been ten years and they still haven’t responded.
Debt collectors are required to send you a notice at the beginning giving you a time window to appeal it. You are also entitled to proof /validation of the debt.
I'm planning to retire at 59 in another country outside the US that is free, safe and very cheap with a high quality of life and good healthcare. I could fully just rely on only my SS if I wanted to when that times arrives but l'll also have at least one pension, a 403 (b) and a very prolific Investment account with my Stephanie Stiefel my FA. Retiring comfortably in the US these days is almost impossible
I know this lady you just mentioned. Stephanie Janis Stiefel is a portfolio manager and investment advisor. She gained recognition as an employee of neuberger berman; a renowned investor she is. Stephanie Janis Stiefel has demonstrated expertise in investment strategies and has been involved in managing portfolios and providing guidance to clients.
I’m planning on moving to Thailand in the next 5 years if trump’s government doesn’t do anything with the high prices of groceries and taxes What about you??
They pissed me off back in 2017. The law firm that sent me the papers shut down soon after I doxed oh I meant breached and exposed them and filed "tactical" reports against them. I still "monitor" those former lawyers and get updates each time any of them move residential addresses. The law firm name was Blatt Hassenmiller Liebsker Moore and Associates. Look them up. It says they shut down due to mismanagement, but that's not true. Can't say what all I did but apparently it worked.
She's not the one I'm worried about. It's the thousands of other people these scumbags are going after that have not the time, money, or will to fight.
I'm just like her. I've represented myself in court for wrongful eviction and with my social security disability cases and I won every time. I'm really good at writing letter and rebuttals as well as studying anything I need to know which helps a lot.
@@IceLynne I have been a certified interpreter for Whitfield county Ga for years and the first thing that the lawyers teach you is never ever , ever represented your self. why? because only a fool represents himself or in your case herself. am glad that you won 🤗
@@amtravelingservice4400 at no point did you actually explain why. as a lay person, I think what you meant to say is if you represent yourself, you lose certain legal routes that would've otherwise been available to you. it should not require overly expensive lawyers to access our legal system in the first place.
My wife keeps getting judgements against her from debt she had over 2 decades ago. She never gets a notice of court to appear,,, they just show up in the mail that she lost the case. We have no idea how they are doing it.
Do they give a courthouse case number? They can lie about a judgement, but it's hard to fake a county case number. Does it show in her credit report? Are they putting liens on any of her property or wage garnishments? She should not ever speak to them if they call. If she has any contact it should be in writing with dates and copies kept regarding correspondence. In correspondence, always state that this correspondence is not an admission of owing the debt, nor an agreement or contract with xyz agency, but an inquiry only, and will only respond to anything in writing only, and do not call me ever, remove my name and number from your call list, do not call my relatives (which they have been known to do). Under no condition should you send money, they need to give you documentation of the original debt, the date, the amount, any payments and dates, etc and the condition under which they have contracted to represent this debt. They have been known to try to get money for debts discharged after department stores have filed bankruptcy and went out of business. Some laws definitely need changing
A debt collection agency has no Contract with you. Dispute the bassturds. Ask for the contract you have with them. They cannot produce one. Case dismissed..
Not so simple. Credit reporting agencies don't investigate. If they have 3-5 points of information correct out of 7, then it's rubber stamped as valid. That's why people have to go to court to get it removed.
Pro Tip: the fair debt collection practices act of 1979 says that if a third-party bill collector keeps contacting you, you are allowed to tell them to cease and desist, and they must stop calling you after that.
I had a paid bill receipt a debt collector refused to accept. Hounded me day *and night.* My cell phone showed the all night long calls. I called the sheriff who was there taking report when she called again. He identified himself and she refused to accept who he was. He told her to cease and desist, having seen proof of no debt owed. She called again. He answered and infirmed her not only was he now going to persue her, but the same phone company was their provider and he would be callung yo cancel and get a new one *with pointed reasoning they had sold a false debt.*
Lmao, ikr. Trying to enforce the do no call list is impossible. They spoof their caller ID so it's impossible to know who's calling and from where. And now AI is making it that much harder to sniff them out.
I was being harassed recently by a debt collector. They called me almost every day, made a threat to put the debt on my credit file and etc. I wrote a letter to cease and desist contact with me by mail, phone and email. I told them basically they are harassing me and I will seek legal advice and means. They haven't called since.
Thank you for airing this very important news and injustices. These businesses shouldn't be legal. Enough with collection companies being legal in the US.
If you have charged off items on your credit report, call them and tell them to take it off your report because charged off debt is considered income and income cannot be reported on your credit report. And debt collectors have to prove you owe the debt. They cannot.
Charge off debt isn't income. Charge-off/write off is a loss. There's no revenue received in actuality or on paper. If the debt is owed, it's pretty easy to prove. The problem is some debt collection companies are unethical and have illegal practices. The ones going after "zombie debts" or old debts are just tossing a wide net and hoping to get some to pay. If they try to collect, the perceived debtor should do the routine "debt validations" requests. (Google has examples) Most collection agencies aren't going to do the massive homework to prove 10yr old debts and they'll move on to the next person. If they sue, do not ignore. If you don't have a friend who's an attorney who can assist, contact your local legal aid and they can give information on how to respond. (Google has info also) Do not ignore or you may end up getting a default judgment which is harder to get off your credit and your credit score will take a massive hit.
@@doright8355 Simple accounting rules and tax law. If your debt is written or charged off, then it is income to you, the debtor, and not the person who holds the note, or a subsequent holder. And it's taxable, and the IRS usually knows of it. I've known people who were sent bills by the IRS who had discharged debt. The reason why it is taxable as income is the other person can write off the loss on their taxes. If that happens, the IRS will want to balance the books.
@@Sammy44111small claims is a good start if the amount is under $3k. Depending on your state maximum for small claims. It costs them too much to hire an attorney than to just write off your pennies of debt.
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If people realize that understanding the Debt Laws can benefit you as these companies are known to violate the law. The don't hire the cream of the top to work within this industry and as such, they leave themselves open to law suits. These debt laws were designed to punish these collectors when it's violated
This isn't actually legal. Debt disappears after a set amount of time in state law. They can't file a claim for a debt that's wiped from the books as a loss by law
@@josephhodges9819unfortunately for corrupt scammers like that CEO, telegram has an auto delete feature and once the messages are deleted, they cannot be recovered. And yes Luigi Mangione was a member of one of the chat groups that I manage called "CEO.exe".
These people need to start filing lawsuits against these pure evil debt collectors. They are as bad as a health insurance agency. These people are 100% pure corrupt.
So far, the Eighth Circuit and SCOTUS have given me no relief from the erroneous orders of Judge Lee Rudofsky who gave summary judgment and costs to Portfolio Recovery Associates LLC. Supreme Court case 24-6113. They did not post my motion to unseal documents Rudofsky sealed.
@@DwightDutton-n2qState to state should qualify for all fees. Bring criminal charges B4 filing the civil (if any would apply, such as any type of felony attempted theft, etc.)
@@DwightDutton-n2q it a federal law believe was signed in during Reagen, and was recently used to sue and win a lawsuit against a federal organization that was doing same thing(putting fake debts on peoples credit). This law pierces governmental immunity, portfolio stands no chance
@@sparky603 I sued portfolio and a judge who used to represent Walmart, who sells debts to Portfolio, ruled in PRA's favor and even ordered me to pay their costs. One reason the judge gave was that, he claims, I am "not non-litigious".
All debt collectors do the same thing. Get names from public records similar to the name in their documents and indiscriminately start calling, threatening and , like in this instance, filing lawsuits against people that have nothing to do with the original dealing. The government, state or federal, needs to prohibit this practice. Unless the collector knows for sure who are they dealing with, they should pay restitution to those wrongfully harassed
This is beyond the 6 year statute of limitations on debt in AZ portfolio gets away with it because most people don’t fight it and they get default judgments. Not the first portfolio has been in the spotlight for shady business dealings I’m sure it won’t be the last time.
So sad. An egregious waste of time. These debt collectors need to be sued out of business. Class action suites state by state to end this evil practice.
I had one company call me and say that they were suing me on debt from 30 years ago. They actually said because I moved it reset the statute of limitations so that they were legally allowed to. I laughed at her and asked her for her full name and address, so that I could have my lawyer send her the lawsuit paperwork. The debt was discharged in bankruptcy court a very long time ago. After she heard that she hung up on me and when I tried to call back they blocked me.
After my dad passed, we kept getting notices of something he cosigned for my brother that was paid off. He had the documents to prove it. I told them good luck collecting from my fathers ashes in the waters off Nova Scotia.
What does the debt co. get out of suing for unpaid debt? They get a judgment, ...then what? They still don't get paid. Tell me these people aren't paying these bogus debts.
@@waltblackadar4690 not if the original debt holder wrote it off and especially not after twelve years. They're buying old bad paper. In NC, as of seven years ago, I did laugh off three debt collectors like this. One of them bought debt from a medical office that had been closed for fraud five years earlier. Six dollars I owed them. I guess I'd better look out!
@@elizabethkindred6806 Just because the original debt holder wrote it off as uncollectable on their books doesn't mean they can't sell (assign) that debt. You're still liable for it. Write offs are not the same thing as debt forgiveness. They won't lien your house for $6. They will for $600. It also depends on your state's laws. In MS, they only have 3 years before their hands are tied (no court relief). Head a couple of states over and it's 10 years in KY. In Maine, promissory notes can be legally enforced for up to 20 years. So know your state laws!
And that's WHY I prefer paper receipts and have ALL receipts bagged by year and in safes since 1980. IRS even tried a lawsuit, and lost, because I had paper proof.
@@DRJoe100not if the irs claims fraud. Which is what the do. It is always called a fraud investigation. I have every pay stubs, receipt tax return I ever had. Goes back to 1967. With the irs YOU are guilty until you can prove otherwise. Tax courts are corrupt.
Just putting it out there that if your receipts are printed on the heat transfer slips(like most stores use) you should copy front and back on regular paper the day you get them and staple the og receipt to the copy. By doing that you ensure that it wont fade over time and you capture any legal statements printed on the back of the receipt at the time of purchase. This actually saved me with a dispute with the post office. Their paper receipt stated 180 days for claims but online it said only 30 days. They kept telling me to give the package more time, right on past that 30 day window. They then told me it was too late to do anything about it, until I pulled out my receipts and their 180 day claim limit. The next problem is they needed receipts for the item, which was provided then they only gave a very small amount of the purchase price because they claimed it was 3 years old and they valued it lower despite having insured for the full purchase value amount. In the end I lost more than half the value of the item PLUS the $40 cost to ship because they will not refund that even though they failed their service contract to deliver. At least I walked away with something when they kept trying to deny making it right at all.
i had a debt collector IGNORE the dispute and file in court. I've been wrongly sent to collections THREE times. Once I put the check in the mail the week I got a bill (before online bill pay). A few days later a debt collector was after me. Another time, the business forgot to bill. a LOT of people didn't get the bill for MONTHS. As soon as I got the bill, it was paid in full. a year later 'late fees' and penalties were sent to collections. fees I had no idea about and the business had agreed the account was paid in full as the problem was their fault. Last year a doctor was so abusive, I warned her to knock it off or I was leaving. No medical was provided. She had just walked in yelling and wouldn't shut up. All attempts to communicate with the practice (a large hospital system were IGNORED). I refused to pay, they sent it to collections.
I have the personal info belonging to their CEO Vikram Atal and a bunch of senior employees at Portfolio, and I'm working with a scam call center in India. I submitted scripts to the scammers on how to scam PRA. Basically scammers in India are going to impersonate credit card companies and ask PRA to purchase debts, then when PRA sends the money, instead of debts the scammers will send ransomware and other malware to PRA. And in case you're wondering I used Claude AI to write the ransomware code, and ChatGPT to write the scam scripts.
I have that same company calling me up at all hours and trying to collect on a debt from 20 years ago that was discharged but i have no money to sue them or fight it i get calls to this day about that
The problems are the judges in these counties. Play arbitrary assume the debt collectors are correct is their assessments and leave it up to us to fight it anyway we can usually with another lawyer which we can't afford so we don't
Correct they shouldn’t allow anything past 7yrs of no payment. Some lawyers will countersue for you and you don’t pay upfront they’ll take a percentage of the amount you win ..if you win , if not they don’t get paid
Do you need a lawyer to represent yourself and file a form letter motion to produce proof in person??? Ask for proof of the PURCHASE that incurred the debt and you either have an appearance where they do not show up, or an appearance where they do not have proof. You then get a judgement and make sure that judgement is with prejudice. You can then use that judgement to sue them if they persue.
Yep, judges are complicit in this too. They know these plaintiffs and these lawyers and they know they are predatory. They need to do better. C'mon humans, be better humans.
1. Show me the contract that created the debt 2. Show me a line item accounting for how you came to that exact number If they cannot show both of these then they cannot prove the debt. Debt buyers almost NEVER buy the documentation alongside the debt, they just buy the spreadsheet. Without BOTH of these they have no standing due to a lack of evidence. Simply ask the judge to dismiss the case WITH PREJUDICE (so they cannot come back or resell the debt) and be on your merry way (and deny the debt of course).
Look online to see if there’s a class action you can join or call the news station to get the ladies info and join her suit or if it’s too late you can start your own
You don't need to contact them, but you do need to respond to the lawsuit. As DRJoe100 stated, get the information from the news station's website. Otherwise, it would be best to ask an attorney how to respond.
DEMAND that they VALIDATE the debt. I did this with a VALID debt I owed to Spectrum / Time Warner (a bunch of poo-poo heads) and the collection agency sent me proof, but also dropped the matter. If Spectrum / Time Warner's local office says they'll waive a late fee because of COVID, the national office will not forgive it, and vice versa. I switched ISPs and I'm happy now.
In Canada we have a statute of limitations of two years to start an action to recover unpaid debts. One creditor I dealt with suggested this was a moral obligation for my client. I assured the debt collection agency that he would visit his priest and confess.
It is up to the debt collection company to make sure they have the paperwork proving debt owed. They usually attempt collections first and only research debt after push back.
Do you know if anyone reached out to Dell? It sounds to me that if she had paid off the computer yet claimed there was a debt to sell to Portfolio Recovery, Dell would have committed fraud. Most importantly, tax fraud with the IRS because they wrote off debt that did not exist. She should have an action in court against the original creditor if the debt was completely paid off.
How much does it cost to file each of these lawsuits? If this happed to my I would file a counterclaim and demand a jury trial. I am 76 so I have lots of time to deal with this type of cr_p, I do understand most people don't have the time.
@@Stardust2447 I understand, every state has different laws. If you go to the courthouse you can probably find some friendly attorneys who will give you free advice.
Depends. Small claims court you can do yourself for a small court fee which can be added to whatever amount you’re suing for. Bigger claims you want a lawyer and they vary on how they’re paid, either upfront or they get a percentage of the settlement at the end.
We are going through this and had to pay $75 to answer a lawsuit that they paid $120 to file and the case is bogus, the address and social is incorrect and the name is wrong. But somehow they managed to serve us ? Incidentally, we could not have possibly opened this account.
If you haven’t made any payments towards it , it falls off your credit after 7yrs from the last payment. If u never paid it then it should fall off this year. I want to say the only things that don’t fall off nor can be bankrupted are irs and federal school loans. There’s also laws on how and when they can contact you for debt collections they’re not allowed to harass.
It’s amazing how much time and money they will spend on broke people. I was sued twice by credit card companies. I filed an answer twice to drag it out. When they got their judgments, I had nothing for them to take. Living in an apartment paycheck to paycheck. They are idiots
I'm not paying someone I personally did NOT make an agreement to repay. I actually received threats from the same company, but it didn't do them any good.
File a nuisance lawsuit against the collecting agency and tag in mental aguish damages to the tune of one million dollars. The collection agency failed to properly review whether there was a legitimate debt owed.
It shouldn't be a question of the debt collectors repaying, it should be a matter of how much compensation they should pay for duress they put people under . If arizona is to do anything it should codify a compensation to be paid for malpractice by debt collection agencies . Repeat offenders should face escalating fines , it's the only way to reign in the actions of these bottom feeders.
Yes I know exactly who and what they want, only problem I Filed Chapter 7 and thought that our government was getting rid of my Debts and for about 10 years it was fine and I never had another Credit card balance and I think they have finally given up on me, worst thing I can't improve my credit score and I filed for Chapter 7 all the way back to 2006??????????????.
Everything should be off your credit after 7yrs from the last payment made.. they might have extended it for bankruptcy to 10-15yrs? (U can look it up easily) but even then it’s past that. Go read on it then have equifax and transunion take it off ur credit. Even with a bankruptcy you can get decent credit because they know you can’t file for another x amount of years, granted the interest might be higher on whatever loans etc you get. After you get the bankruptcy taken off your credit should be great if you have long standing accounts without late payments and only utilize 10% or less of credit cards and have an available credit if all cards totaling something like $55k (off the top of my head). Car payments and /or mortgage payments can help increase the score if you don’t have the high credit card availability. There’s tons of info on how to fix & build your credit. It’s mainly showing you can borrow money and pay it back on time for a long time.
When a company writes off a debt they submit a 1099-C (cancelation of debt) to the IRS the year the debt was written off by the company. The IRS makes the person who had the debt write off claim that amount as income for the year it was written off. If they don't claim it on their original return the IRS will do an adjustment to their return charging them the tax owed on the amount written off on the 1099-C plus interest and penalties for not claiming it on their original tax return. So how can these companies sue them for the debt when they are made to claim it as income on their tax return? The debt is already taken care of.
Thanks for the reporting. Lowest of the low. They buy debts for pennies on the dollar and make a mint. My parents lived their entire lives without owning a single C/C. I got rid of all of my C/C's years ago... one of the best financial moves I could have ever made.
The collectors have to have the original documents showing the debt before they can even begin a legitimate claim. If you take them to court, they have to prove the loan was ever legitimate and never paid. Without all the records, they summarily lose. You just have to show up and state your case to win usually with something this old. This kind of carpet bombing old loans works despite its criminality (stealing) because most people are both ignorant and easy prey. They don’t want to show up. I don’t blame them. But it has to be done to stop the hyenas.
I filed a suit to stop Portfolio from calling me. I am still in court four years later. Lost all the way up to the Supreme Court of the Untied States. My petition for writ of cert (for review) is No. 24-6113.
They hounded me with a stupid old debt that was already off my credit. They called and sent letters. I laughed at them. They bought useless debt and then tried to harrass me. I told them they were idiots. They are idiots. I know my rights.
Same here and they learned a hard lesson. I shared the personal information of their CEO with traffickers, rapists and just about every predator that I came across on the dark web.
You can sue them for harassment if you have proof you told them to cease contact (I want to say it’s something like after 3 times or calling after certain hours once you tell them to stop contacting you). Each state is a little different. They’ll even do it for debt of deceased parents/spouse , which in most states it’s a charge off and nobody is liable
I had a neighbor who had their mortgage sold several times within a couple months. Their payments got sent back so they waited for someone to make contact and tell them where to pay. Never happened. This was in 2005 or so. Last year some company they had never heard of notified them of foreclosure. They asked for proof that this company held the mortgage. Guess what the company did not have?
Company took them to court, they showed the judge their returned payments and their lawyer asked the company to produce the mortgage agreement. Oops.
Funniest thing I ever heard of. Essentially, they got their home for free when the judge ruled that no one held a valid mortgage and therefore the mortgage was paid as agreed and the liens had to be released. I'm sure it was stressful as heck, though.
That particular judge had a reputation for tossing creditors out if they did not have every single thing in proper order. A shame she retired.
So your "neighbor" didn't pay any mortgage for almost TWENTY YEARS while they 'waited' for someone to contact them for the correct way to pay? Your "neighbors" were the irresponsible ones and are at fault.
@@CocoaPuff01Where were they supposed to send the money? I have heard the same story about smaller debts.
@@CocoaPuff01Their checks were returned. Were they supposed to keep sending payments to have them returned?
Great story.
@@CocoaPuff01 You got it backwards, butter-cup.
Portfolio Recovery is a criminal organization.
So is our for-profit legal system.
@@irvkettering1752 que?
@@irvkettering1752Yeah Irv. You gate lawyers until you need one.
@irvkettering1752 yes.
➡️ They also say that people were served when they were not. If you don’t show up to a hearing, a default judgment will be entered, and it seems they just want money even if it’s the wrong person.
2008 my Mother passed away. Some guy showed up at the house a few days later with a Subpoena. Over a Mortgage that wasn't paid. Another person with the same last name. Of no relation. Problem was, My Father paid the house off years before. This guy literally blocked the driveway with an old beat up truck. When he came to the house He looked like he was selling landscaping services. I almost had to call the Police to have him removed. One word of Advice, When there is a Death in the family, People start showing up claiming things and monies owed.
Don't forget those relatives you haven't seen or talked to in years.
Have you ever watched “Paper Moon”?
When my father died, someone called my mother saying they were J.C. Penney, and there was some problem on her account. She was 72 years old at the time, and had no knowledge of scammers, could barely even write a check. I just happened to walk in and saw her with her J.C. Penny card in her hand and asked who she was talking to. She told me and I got the phone away from her and said this is her daughter, who are you? They hung up, and I had to explain to her about scammers and how they preyed on older women who had just lost a spouse.
There is an answer. Unfortunately, it can't be mentioned here.
This is horrible!
If there is one piece of federal legislation every American should know, it's the Fair Debt Collection Practices Act. Know your rights under FDCPA.
@StuffThatNeedsToBeSaid That’s exactly right. Last time he was in office, his administration expanded how debt collectors can retrieve their debt… I would expect this behavior to continue again.
@StuffThatNeedsToBeSaid Yes. Until the current administration has it repealed in it's last 9 days
@StuffThatNeedsToBeSaid Did they repeal it in 2016 through 2020? No, so STFU with your delusions.
@StuffThatNeedsToBeSaidTRUMP HATES CREDIT CARDS. Obama and the DNC favor banks.
Which is something the Trump administration want's to delete. They would tell a scam company like this, "pay us $1m and you can do whatever you want". I'm not joking.
So the business model is clear:
1. Buy old debt
2. Hope that a percentage of people ignore the requests for the money
3. Sue them
This is something elected officials could easily fix in order to stop these predators, but since they're paid off, they have no interest in doing so.
Why would they stop it anyhow? If someone truly owes someone else several thousand dollars, and the person owed has no faith in getting any of it back, they can sell it. It gets abused sometimes but is necessary otherwise.
@@DarkKnightBruceit's abused ALWAYS. Please stop acting like these debt companies are doing it in good faith!
And last time I checked America is all about being able to start over so people CAN choose bankruptcy and that debt is discharged if not student debt!
You mean paid off like Conald tRump is?
@@DarkKnightBruce It's a numbers game,...throw out 20K notices, count on a big percentage paying off. The ones who pay...and the ones taken to court for non-response. It's a win either way...a saturation of malfeasance.
@@agravery223If people want to file bankruptcy.....let them. But you can't expect companies to ignore outstanding debts that haven't been paid.
My family of brothers have a debt collector trying to get debt of my dead mother. My father has Alzheimer’s and is in memory care and on medical assistance. These debt collectors are criminals pure and simple
Selling debt should be illegal in all the US. That's business is little more the criminal extortion
A friend of mine works for the IRS and they have agreed to provide me with tax records belonging to this scummy company for at least the last 10 years.
I am currently working with a scam call center in india. We are formulating a plan to impersonate a credit card company. Then we are going to contact portfolio and act like we need to sell these debts. Then after portfolio forks over the money for the debt that they think they are purchasing, the scammers will keep 20% and distribute the rest to the victims of portfolio.
I will be leveraging my experience in customer service and social engineering and I will be writing the script for this scam in mid-January.
Maybe if portfolio gets scammed and loses a ton of money from purchasing fake debts, they will have to shut down. But legally, this is not fraud because you're just fighting fire with fire. And if portfolio does fall victim to any of these tactics, it is not fraud, it is a Robin Hood style event.
@@mathewmclean9128 Your friend can be fired and face jail time if they do. The release of records requires consent from the party who the records cover.
even thou I personally had issue. w/debt coll. .. if u owned a small biz. ? don't u think it is easier/mor convenient to send debt cust. owes to collections ? instead of taking matters/debts into consideration ?? 😢😮 I'm just sayin ..? I like to look at other reasons of issues . ?? 😮😢
@@garyg3916my problem with debt collection is how the disseminate your information and harrass
I had one debt collector who kept taking me to court without ever letting me know they were and the only reason they were allowed to do that they lied each time saying i had made an agreement to pay but never kept that agreement. I had moved to another state and never once had received notice that they were taking me to court and never once had agreed to anything. My understanding that this is common practice to keep the debt active before it becomes an uncollectible debt. It's illegal for them to lie to the courts
Yes once you admit that you owe the debt and make payment arrangements m, you are on the hook. That's why they lied and said you made arrangements. They supposedly record every call. Just ask them to play back the call for you to prove it
@jm.7305 good to know
I don't think it is illegal. I watch videos of cops lying in court and they don't get any punishment.
@elwakka1944 I hear that. My ex used have a couple of cop buddies who liked to drink at the local bar where he drinked all the time. We were in the middle of getting divorced when one of them started to follow me as I was going home. Followed me all the way to my driveway and then turned on his lights. He gave me a ticket for not using my blinker to make a turn. I knew he was following me and I always used my blinker so I went to court and asked to see the video. Judge disappeared for about 10 minutes came back and dismissed my case. My ex's cop buddy tried to frame me. I don't know if he had gotten in trouble or not but I sure hope he learned a lesson
@@sandyallen1523 they dont. They dont care. They cover for themselves. I dated the daughter of a judge. Ive heard wild stories from her.
Debt collectors are out of control and need to be reigned in. I have one hounding me for medical debt that was created due to a billing error. The debt collector knows this, my insurance agency has been in communication with them. They don't care, they're just trying to bully me into giving them money.
Exactly
Only ever had one debt collector reach out to me and it was over medical debt. The hospital was double billing people and the debt collection washed their hands of it quickly.
And let me guess you voted against consumer protections?
@@draneym2003 What does that supposed to mean? Those are laws. They are passed by legislators not the public. We are a representative republic not a direct democracy. If you’ve got something to say to clarify what you mean, just state it.
@@draneym2003
That’s a stupid comment 🙄
Welcome to lawfare. Imagine how many hours were spent fighting this, contacting the news, etc. now imagine you don’t have the time and resources and contacts to accomplish what this person has.
You have no contract with debt collectors period!!never pay them!!
A possible scenario is the Sheriff shows up at your door with a warrant to seize all of your assets. Google it, it happens every day.
Contracts can be tranferable usually requiring notice that your contraxt obligation or liability has been reassigned.
@@philswaim392 there has to be a clause stating so in the contract. Most new contracts have that clause now but if you have an older contract or especially from a smaller company that clause isn't included. I think it was 2010 when we started including it in our contracts but there was usually an escrow or hard asset to recover if we were owed. that was a completely different industry though.
You must address the debt claim or you may be liable and they can attach your assets. Do not just ignore it.
If the debt is large enough I imagine it’ll follow you a lot more?
Interesting side note: Chinese people are not allowed to declare bankruptcy they will simply have wages garnished until they die.
Debt Collectors are NOT your "Original Contractor". NEVER Pay Debt Collectors.
Never pay a debt collector, but if they take you to court and you better show up in court and ask them for the receipts, if you don't show up the judgement will go against you by default, then you will legally owe them the money
@waynedavis724 Yes, but consumers have ways to avoid court too. YT has videos on such actions, and they actually worked. Not to mention, Collections removed from Credit Report.
@@JMarie-z8kfound out that collectors can send documents to the wrong address and have it signed. Thereby making it look like you received it
Right for the most part, however buried deep inside some contracts are those tiny little letters that no one understands that makes you liable. The EU shut this kind of thing down a number of years ago, when even their lawyers couldn't make head nor tail of them
@@tallthinkev Debt collectors do not have access to any contract you might have agreed to. If they claim to, tell them to be sure to bring it to court with them because you will be asking the judge to have you produce it. All debt collectors have is a list of names and the amount of debt they owe, nothing more. You have no legal obligation to pay them anything unless you fail to show up in court and lose the judgement by default.
They purchase very old debts, that have been Charged Off, for pennies on the dollar & try to collect on them.
I work in customer service and I am also great at social engineering. I am working with a scam call center in India. We are going to impersonate a couple of credit card companies and contact PRA looking to sell some debts.
The debts will look 100% real but will be fake names and fake customers, then once PRA sends the money, they will get what looks like files containing the debt info, but will be trojans and malware, or if the scammer is feeling extra evil, RANSOMWARE will be sent.
... and if they can't collect, they'll sell them to another debt collector.
@@danburch9989 yes they do. It's an endless circle !
But what about the statue of limitations how can they try to collect a debt that at is past the 7 years?
@shericeskreativlane That's a Tricky One, depending what State you live in. In Arizona they keep reselling the debt & they report it again. The best thing is Check Your Credit Reports & Mark it return to sender, person not known. Once you open it & or call them, they get you & will bug you to death.
In May 2015, a jury ordered Portfolio Recovery Associates to pay $82,990,000 in punitive damages for the malicious prosecution of Maria Guadalupe Mejia, a Kansas City woman who was pursued by PRA for a $1000 credit card debt she did not owe. The company was also fined $250,000 for violating the Fair
Wow! Did they ever actually pay? How are they still in business?
The cost of doing business.
@@aikanae1so probably tax deductible for the business. Easy for thrm, because the taxpayers then actually foot such bills.
@@jeaniebird999 They likely settled out of court in mediation but I'm sure the collection agency paid some bucks to make it go away.
I don't know if this is true or not, and I don't care, but whatever they lost in court on, it wasn't malicious prosecution. Prosecutions are criminal proceedings brought by prosecutors who are government employees. There are no criminal charges possible for debt. No one was prosecuted for anything, therefore there can be no malicous prosecution. That's not what happens in civil lawsuits.
All 20k people all need to get together with a lawyer and create a single class action lawsuit demanding that the company provide specific information as to exactly how the debt was incurred and the specific information on the exact person who owes the debt.
Unless they can PROVE that the debt is owed, then the action must be immediately dismissed with prejudice.
It would be more effective to not use a class action; but force single cases to be heard and file speedy complaints when the court buckles under the load.
"All 20k people all need to get together with a lawyer" Oh, PLEASE. Explain exactly how to go about doing exactly that.
How are other class action lawsuits organized???
Geez...
These are also Attorney violations. She needs to file a complaint with the state bar so the attorneys can get suspended or disbarred. If all 20,000 Victims file complaints with the state bar and attorneys lose their license to practice, word will get around and the practice will stop.
I've done that, they always have an excuse to protect their peer.
@@110311DONTWANTCHANNEit’s worth it to do and they don’t always get away with it. Especially repeat offenders.
💯
And ask for the business to be considered a vexatious litigant.
well said
How is the agency’s actions NOT wire fraud? And why are there not AGs working to send the guilty to jail?
Being able to purchase a 13 year old debt and sue is wrong on soo many levels.
this is what happens when you put dumb judges on the bench, the judge should of dismissed the case just on the grounds it is beyond the statue of limitations, and promise these people are not being served either with the court papers
Contact your representatives then and give them your opinion. If all you do is make a quick comment on TH-cam then you really don't care about it all that much.
This is outside of the 6 year statute of limitations for debt in AZ but you have to go to court to fight it and many people ignore this and they get away with a default judgment. Not the first portfolio has been in the spotlight for shady business dealings I’m sure it won’t be the last time.
It's past the statute of limitations.
@@pcs9518 Yep. And the problem is that if they are a no-show, the statute doesn't even have a chance to come into play. If one party doesn't answer the default could be entered without examination. The number of times they were caught is fewer than what they bring in, so they will keep doing it.
It should be the other way around, you have to prove at face value that you have a right to start a suit within the limits, like some other countries do.
Debt collectors went after me for debts I didn’t owe. A thief stole my checkbook and writ a whole bunch of bogus checks. I filed affidavits of fraud for every single check with the local court. Had to go to small claims court to fight some of the charges. Police reports filed and all that. Twenty years later, a debt collection agency started calling. They’d bought up the zombie debt and were trying to collect. I still had the affidavits of forgery from twenty years prior and still had copies of the small claims court victories. I sent them the paperwork along with an attorneys letter stating that I didn’t owe the debt. It’s been ten years and they still haven’t responded.
Lesson to keep all legal documents no matter what.
Should be considered extortion for suing for a debt you can't prove or is outside the recovery time
It is extortion. People use the law to rob people and, as we have all become aware of recently, even murder us, because they can.
Should be and it's not.
@@aikanae1Why not?
Shout the court require proof of the debt?
Debt collectors are required to send you a notice at the beginning giving you a time window to appeal it. You are also entitled to proof /validation of the debt.
I'm planning to retire at 59 in another country outside the US that is free, safe and very cheap with a high quality of life and good healthcare. I could fully just rely on only my SS if I wanted to when that times arrives but l'll also have at least one pension, a 403 (b) and a very prolific Investment account with my Stephanie Stiefel my FA. Retiring comfortably in the US these days is almost impossible
I know this lady you just mentioned. Stephanie Janis Stiefel is a portfolio manager and investment advisor. She gained recognition as an employee of neuberger berman; a renowned investor she is. Stephanie Janis Stiefel has demonstrated expertise in investment strategies and has been involved in managing portfolios and providing guidance to clients.
I’m planning on moving to Thailand in the next 5 years if trump’s government doesn’t do anything with the high prices of groceries and taxes
What about you??
Been debt free for two years thanks to Stephanie Janis Stiefel. So sad to see my friends in their 40s with car loans, mortgages and credit card debt.
My sister lives in Aussie. They have good healthcare better than America. I am also moving there after I retire.
Please stop gentrifying countries
Looks like the debt collectors pissed off the wrong woman. God bless her
They pissed me off back in 2017. The law firm that sent me the papers shut down soon after I doxed oh I meant breached and exposed them and filed "tactical" reports against them. I still "monitor" those former lawyers and get updates each time any of them move residential addresses.
The law firm name was Blatt Hassenmiller Liebsker Moore and Associates. Look them up. It says they shut down due to mismanagement, but that's not true.
Can't say what all I did but apparently it worked.
She's not the one I'm worried about. It's the thousands of other people these scumbags are going after that have not the time, money, or will to fight.
I'm just like her. I've represented myself in court for wrongful eviction and with my social security disability cases and I won every time. I'm really good at writing letter and rebuttals as well as studying anything I need to know which helps a lot.
@@IceLynne I have been a certified interpreter for Whitfield county Ga for years and the first thing that the lawyers teach you is never ever , ever represented your self. why? because only a fool represents himself or in your case herself. am glad that you won 🤗
@@amtravelingservice4400 at no point did you actually explain why.
as a lay person, I think what you meant to say is if you represent yourself, you lose certain legal routes that would've otherwise been available to you.
it should not require overly expensive lawyers to access our legal system in the first place.
I love this gentle- but- fierce woman! You go, grrrl!!
That's what I was thinking - want her in my corner!
Counter-sue for attempted extortion.
Amen
Good luck finding a lawyer.
All costs money! These are scammers , no different then identity theft,
Sounds good but not reality.
My wife keeps getting judgements against her from debt she had over 2 decades ago. She never gets a notice of court to appear,,, they just show up in the mail that she lost the case. We have no idea how they are doing it.
They could be deliberately mailing to the wrong address.
Do they give a courthouse case number? They can lie about a judgement, but it's hard to fake a county case number. Does it show in her credit report? Are they putting liens on any of her property or wage garnishments? She should not ever speak to them if they call. If she has any contact it should be in writing with dates and copies kept regarding correspondence. In correspondence, always state that this correspondence is not an admission of owing the debt, nor an agreement or contract with xyz agency, but an inquiry only, and will only respond to anything in writing only, and do not call me ever, remove my name and number from your call list, do not call my relatives (which they have been known to do).
Under no condition should you send money, they need to give you documentation of the original debt, the date, the amount, any payments and dates, etc and the condition under which they have contracted to represent this debt.
They have been known to try to get money for debts discharged after department stores have filed bankruptcy and went out of business.
Some laws definitely need changing
@@Terrackhimself it’s because the company put a notice in the newspaper. That’s how they can do it. If nobody challenges the notice it becomes truth.
@@ElJelSpell Who on Earth reads the newspaper,,, also, that puts vital notices behind a paywall.
Seems dirty.
Gutter serving is a common tactic.
75% of these debt collectors are in Buffalo, NY. DOUGLAS MACKINNON was the king of illegal debt collection for decades.
Yes!!!! Name names!!!👏🏽👏🏽👏🏽👏🏽👏🏽👏🏽👏🏽👏🏽👏🏽
@im-gi2pg
Look up Inside Edition Buffalo Debt Collector.
Dox them
Slime ball.
It should be illegal to sell debts to other companies!
A debt collection agency has no Contract with you. Dispute the bassturds. Ask for the contract you have with them.
They cannot produce one.
Case dismissed..
Not so simple. Credit reporting agencies don't investigate. If they have 3-5 points of information correct out of 7, then it's rubber stamped as valid. That's why people have to go to court to get it removed.
Typically there are laws that allow the debt to be sold.
they might, its complicated
Not so fast - they can sell or assign rights to collect the debt, so you might have to deal with a third party debt collector for a legit debt.
@@ani1344 "sell or assign rights"
According to the principles of contract law, no they cannot.
That is fraud.
They also have a court order against them to cease collection activity...
Pro Tip: the fair debt collection practices act of 1979 says that if a third-party bill collector keeps contacting you, you are allowed to tell them to cease and desist, and they must stop calling you after that.
I had a paid bill receipt a debt collector refused to accept. Hounded me day *and night.* My cell phone showed the all night long calls. I called the sheriff who was there taking report when she called again. He identified himself and she refused to accept who he was. He told her to cease and desist, having seen proof of no debt owed. She called again. He answered and infirmed her not only was he now going to persue her, but the same phone company was their provider and he would be callung yo cancel and get a new one *with pointed reasoning they had sold a false debt.*
Federal law says telemarketers have to stop calling if you ask as well. Ask the next robot call to take your number off the list and see how it goes.
Lmao, ikr. Trying to enforce the do no call list is impossible. They spoof their caller ID so it's impossible to know who's calling and from where. And now AI is making it that much harder to sniff them out.
I was being harassed recently by a debt collector.
They called me almost every day, made a threat to put the debt on my credit file and etc.
I wrote a letter to cease and desist contact with me by mail, phone and email.
I told them basically they are harassing me and I will seek legal advice and means.
They haven't called since.
So, they stop calling or otherwise contacting. Congratulations, you just asked to be sued.
Thank you for airing this very important news and injustices. These businesses shouldn't be legal. Enough with collection companies being legal in the US.
4:11 "We adhere to regulations" Court case from the Consumer Financial Bureau says otherwise.
They can sue you, as long as you answer the complaint they can't collect. They count on default judgments.
The sad part is that in Arizona, the courts charge you to file a legally required answer...
You just show up to court.
Yes ! If you get one, deny all the allegations in your answer and that stops it
@@thomasa4239 In Arizona there is a filing fee for the answer...
If you have charged off items on your credit report, call them and tell them to take it off your report because charged off debt is considered income and income cannot be reported on your credit report. And debt collectors have to prove you owe the debt. They cannot.
May i ask where you got that info from.
Charge off debt isn't income. Charge-off/write off is a loss. There's no revenue received in actuality or on paper. If the debt is owed, it's pretty easy to prove. The problem is some debt collection companies are unethical and have illegal practices. The ones going after "zombie debts" or old debts are just tossing a wide net and hoping to get some to pay. If they try to collect, the perceived debtor should do the routine "debt validations" requests. (Google has examples) Most collection agencies aren't going to do the massive homework to prove 10yr old debts and they'll move on to the next person. If they sue, do not ignore. If you don't have a friend who's an attorney who can assist, contact your local legal aid and they can give information on how to respond. (Google has info also) Do not ignore or you may end up getting a default judgment which is harder to get off your credit and your credit score will take a massive hit.
@@doright8355 prolly talking about a
"Form 1099-C"
How do you see you have charged off debt? And you just have to call equi fax or whatever credit report company you have?
@@doright8355 Simple accounting rules and tax law. If your debt is written or charged off, then it is income to you, the debtor, and not the person who holds the note, or a subsequent holder. And it's taxable, and the IRS usually knows of it. I've known people who were sent bills by the IRS who had discharged debt. The reason why it is taxable as income is the other person can write off the loss on their taxes. If that happens, the IRS will want to balance the books.
portfolio associates is a joke. remember every offense of them harassing you is a 1600 dollar federal fine for each offense
@Hello there, how are you doing this blessed day?
Sued 2 debt collectors and won cases...
How did you go about doing it
@@Sammy44111small claims is a good start if the amount is under $3k. Depending on your state maximum for small claims. It costs them too much to hire an attorney than to just write off your pennies of debt.
Cool story bro
ask the "debt collector" for a COMPLETE "Chain of Possession" of the debt documentation.
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If people realize that understanding the Debt Laws can benefit you as these companies are known to violate the law. The don't hire the cream of the top to work within this industry and as such, they leave themselves open to law suits.
These debt laws were designed to punish these collectors when it's violated
This isn't actually legal. Debt disappears after a set amount of time in state law. They can't file a claim for a debt that's wiped from the books as a loss by law
Depends on the state, and generally this is not true.
Repeated violations, but their still in business...consumer protections should hold debt collectors accountable.
I wanna call that guy. This company has been giving me, and my family grief for years on a debt I never even opened!
Sounds like a scam too me
THANK YOU ANN! WE ALL LOVE YOU FOR THIS!
Does the CEO of portfolio need a little bit of Luigi in their life or do they prefer j6 takeover style?
Sounds like you threatened the CEO of the company.
@josephhodges9819 Na, he wants to share some Italian culture.
@@josephhodges9819unfortunately for corrupt scammers like that CEO, telegram has an auto delete feature and once the messages are deleted, they cannot be recovered. And yes Luigi Mangione was a member of one of the chat groups that I manage called "CEO.exe".
@@josephhodges9819 He's threatening them with a party.
@@josephhodges9819sounds like you support people having their money, resources and life stolen.
So criminal what the debt collector is doing.
These people need to start filing lawsuits against these pure evil debt collectors. They are as bad as a health insurance agency. These people are 100% pure corrupt.
Why do we allow judges to do this?
So far, the Eighth Circuit and SCOTUS have given me no relief from the erroneous orders of Judge Lee Rudofsky who gave summary judgment and costs to Portfolio Recovery Associates LLC. Supreme Court case 24-6113. They did not post my motion to unseal documents Rudofsky sealed.
File a counter suit in small claims for the maximum amount allowed by law.
sue them for damages in a federal court, this violates federal law and entitles you to attorney fees and damages.
Agreed - though it may not need to be federal
@@DwightDutton-n2qState to state should qualify for all fees. Bring criminal charges B4 filing the civil (if any would apply, such as any type of felony attempted theft, etc.)
@@DwightDutton-n2q it a federal law believe was signed in during Reagen, and was recently used to sue and win a lawsuit against a federal organization that was doing same thing(putting fake debts on peoples credit). This law pierces governmental immunity, portfolio stands no chance
@@DwightDutton-n2q Department of Agricultural Rural Development Rural Housing Service v. Kirtz, Mr. Kirtz
@@sparky603 I sued portfolio and a judge who used to represent Walmart, who sells debts to Portfolio, ruled in PRA's favor and even ordered me to pay their costs. One reason the judge gave was that, he claims, I am "not non-litigious".
All debt collectors do the same thing. Get names from public records similar to the name in their documents and indiscriminately start calling, threatening and , like in this instance, filing lawsuits against people that have nothing to do with the original dealing. The government, state or federal, needs to prohibit this practice. Unless the collector knows for sure who are they dealing with, they should pay restitution to those wrongfully harassed
An important news piece.
Thank you local news. Keep doing the awesome work that you do.
Ridiculous!
PRA sent me a check for around $750 months ago from that lawsuit in North Carolina.
Soundtrack it have been for more???
Thanks, Mark and Katie!
This is beyond the 6 year statute of limitations on debt in AZ portfolio gets away with it because most people don’t fight it and they get default judgments. Not the first portfolio has been in the spotlight for shady business dealings I’m sure it won’t be the last time.
If these people file for an appearance, then they can get the default judgement.
You MUST know your rights.
@@medbob1 only if they can serve you, becoming homeless means they cannot serve you, prolly why theres thousands of ppl all across az like this.
Just request the original signed contract. They must be able to provide, or drop the case.
So sad. An egregious waste of time. These debt collectors need to be sued out of business. Class action suites state by state to end this evil practice.
What a scam that company is in Canada they would get laughed out of court if they could not produce copies of signed original documents.
Over the years it shows this must be in the top 5 most consistently county's corrupt counties in the nation.
I had one company call me and say that they were suing me on debt from 30 years ago. They actually said because I moved it reset the statute of limitations so that they were legally allowed to. I laughed at her and asked her for her full name and address, so that I could have my lawyer send her the lawsuit paperwork. The debt was discharged in bankruptcy court a very long time ago. After she heard that she hung up on me and when I tried to call back they blocked me.
After my dad passed, we kept getting notices of something he cosigned for my brother that was paid off. He had the documents to prove it. I told them good luck collecting from my fathers ashes in the waters off Nova Scotia.
What does the debt co. get out of suing for unpaid debt? They get a judgment, ...then what? They still don't get paid. Tell me these people aren't paying these bogus debts.
If they have a judgement, they can then try to garnish your wages or foreclose your house to collect the money.
No, but if you have a home they'll put a lien on it. Then in some states they can attempt to foreclose.
Ignoring it doesn't help.
@@waltblackadar4690 not if the original debt holder wrote it off and especially not after twelve years. They're buying old bad paper. In NC, as of seven years ago, I did laugh off three debt collectors like this. One of them bought debt from a medical office that had been closed for fraud five years earlier. Six dollars I owed them. I guess I'd better look out!
@@elizabethkindred6806 Just because the original debt holder wrote it off as uncollectable on their books doesn't mean they can't sell (assign) that debt. You're still liable for it. Write offs are not the same thing as debt forgiveness. They won't lien your house for $6. They will for $600.
It also depends on your state's laws. In MS, they only have 3 years before their hands are tied (no court relief). Head a couple of states over and it's 10 years in KY. In Maine, promissory notes can be legally enforced for up to 20 years. So know your state laws!
The Judgement IS a valid debt. Don't let it get that far.
I’m smelling a class action lawsuit suit!
Keep all your paperwork, but ask for proof that you are, indeed, the debtor.
Who keeps their receipts for 13 years?
One trick they pull is to file 2 cases and cancel one. Person doesn't show up because they got a letter saying case was dismissed.
And that's WHY I prefer paper receipts and have ALL receipts bagged by year and in safes since 1980. IRS even tried a lawsuit, and lost, because I had paper proof.
Yep 👍🏼 it’s a 7 year minimum to save them. I forgot the irs one but even they have a limit of how far they can go back
@@DRJoe100not if the irs claims fraud. Which is what the do. It is always called a fraud investigation.
I have every pay stubs, receipt tax return I ever had. Goes back to 1967.
With the irs YOU are guilty until you can prove otherwise. Tax courts are corrupt.
Just putting it out there that if your receipts are printed on the heat transfer slips(like most stores use) you should copy front and back on regular paper the day you get them and staple the og receipt to the copy. By doing that you ensure that it wont fade over time and you capture any legal statements printed on the back of the receipt at the time of purchase.
This actually saved me with a dispute with the post office. Their paper receipt stated 180 days for claims but online it said only 30 days. They kept telling me to give the package more time, right on past that 30 day window. They then told me it was too late to do anything about it, until I pulled out my receipts and their 180 day claim limit. The next problem is they needed receipts for the item, which was provided then they only gave a very small amount of the purchase price because they claimed it was 3 years old and they valued it lower despite having insured for the full purchase value amount. In the end I lost more than half the value of the item PLUS the $40 cost to ship because they will not refund that even though they failed their service contract to deliver. At least I walked away with something when they kept trying to deny making it right at all.
i had a debt collector IGNORE the dispute and file in court. I've been wrongly sent to collections THREE times. Once I put the check in the mail the week I got a bill (before online bill pay). A few days later a debt collector was after me. Another time, the business forgot to bill. a LOT of people didn't get the bill for MONTHS. As soon as I got the bill, it was paid in full. a year later 'late fees' and penalties were sent to collections. fees I had no idea about and the business had agreed the account was paid in full as the problem was their fault. Last year a doctor was so abusive, I warned her to knock it off or I was leaving. No medical was provided. She had just walked in yelling and wouldn't shut up. All attempts to communicate with the practice (a large hospital system were IGNORED). I refused to pay, they sent it to collections.
Wow, professional scammers.
I have the personal info belonging to their CEO Vikram Atal and a bunch of senior employees at Portfolio, and I'm working with a scam call center in India. I submitted scripts to the scammers on how to scam PRA.
Basically scammers in India are going to impersonate credit card companies and ask PRA to purchase debts, then when PRA sends the money, instead of debts the scammers will send ransomware and other malware to PRA. And in case you're wondering I used Claude AI to write the ransomware code, and ChatGPT to write the scam scripts.
I have that same company calling me up at all hours and trying to collect on a debt from 20 years ago that was discharged but i have no money to sue them or fight it i get calls to this day about that
The problems are the judges in these counties. Play arbitrary assume the debt collectors are correct is their assessments and leave it up to us to fight it anyway we can usually with another lawyer which we can't afford so we don't
Correct they shouldn’t allow anything past 7yrs of no payment.
Some lawyers will countersue for you and you don’t pay upfront they’ll take a percentage of the amount you win ..if you win , if not they don’t get paid
Do you need a lawyer to represent yourself and file a form letter motion to produce proof in person??? Ask for proof of the PURCHASE that incurred the debt and you either have an appearance where they do not show up, or an appearance where they do not have proof. You then get a judgement and make sure that judgement is with prejudice. You can then use that judgement to sue them if they persue.
Yep, judges are complicit in this too. They know these plaintiffs and these lawyers and they know they are predatory. They need to do better. C'mon humans, be better humans.
they’re following procedure . If you file an answer DENYing the debt the suit goes away most of the time
Love of money is the root of all evil. Debtors went to prison in England. Time to send the collectors there instead. Evil.
7 years is usually the limit on debt collecting no?
Yes 👍🏼 unless it’s irs, student loans, child support(possibly any judgments by the court)… I think that’s it
No actually it's 4 years they can sue you.
@@MarieRutledge-x8v im sure it's state by state
7 years in a lot of states.
1. Show me the contract that created the debt
2. Show me a line item accounting for how you came to that exact number
If they cannot show both of these then they cannot prove the debt. Debt buyers almost NEVER buy the documentation alongside the debt, they just buy the spreadsheet. Without BOTH of these they have no standing due to a lack of evidence. Simply ask the judge to dismiss the case WITH PREJUDICE (so they cannot come back or resell the debt) and be on your merry way (and deny the debt of course).
OMG! They contacted me and I also live in Maricopa county!!! I just don’t know what to do with their claim.
Look online to see if there’s a class action you can join or call the news station to get the ladies info and join her suit or if it’s too late you can start your own
You don't need to contact them, but you do need to respond to the lawsuit. As DRJoe100 stated, get the information from the news station's website. Otherwise, it would be best to ask an attorney how to respond.
DEMAND that they VALIDATE the debt. I did this with a VALID debt I owed to Spectrum / Time Warner (a bunch of poo-poo heads) and the collection agency sent me proof, but also dropped the matter. If Spectrum / Time Warner's local office says they'll waive a late fee because of COVID, the national office will not forgive it, and vice versa. I switched ISPs and I'm happy now.
File an answer DENYing all the allegations, or else they default you and garnish your wages
@@williamjones7821this works before the lawsuit is filed
In Canada we have a statute of limitations of two years to start an action to recover unpaid debts. One creditor I dealt with suggested this was a moral obligation for my client. I assured the debt collection agency that he would visit his priest and confess.
Debt collectors get the debt from companies so might blame the collection agency but they are only partly responsible for this.
It is up to the debt collection company to make sure they have the paperwork proving debt owed. They usually attempt collections first and only research debt after push back.
@@joycef8443 They do have the paperwork but if the paperwork says the debt is owed then they have to go by that.
Do you know if anyone reached out to Dell? It sounds to me that if she had paid off the computer yet claimed there was a debt to sell to Portfolio Recovery, Dell would have committed fraud. Most importantly, tax fraud with the IRS because they wrote off debt that did not exist. She should have an action in court against the original creditor if the debt was completely paid off.
How much does it cost to file each of these lawsuits?
If this happed to my I would file a counterclaim and demand a jury trial. I am 76 so I have lots of time to deal with this type of cr_p, I do understand most people don't have the time.
Depends but might not be entitled to jury.
@@Stardust2447 I understand, every state has different laws. If you go to the courthouse you can probably find some friendly attorneys who will give you free advice.
Depends. Small claims court you can do yourself for a small court fee which can be added to whatever amount you’re suing for. Bigger claims you want a lawyer and they vary on how they’re paid, either upfront or they get a percentage of the settlement at the end.
We are going through this and had to pay $75 to answer a lawsuit that they paid $120 to file and the case is bogus, the address and social is incorrect and the name is wrong. But somehow they managed to serve us ? Incidentally, we could not have possibly opened this account.
@refereeaz204 you need ask the court for fees and costs and any other appropriate compensation
The top people at these collections agencies need jail time in addition to fines. That would stop most of the abuse.
They're hitting me up for $9k for something back in 2017. Jokes on them though. Im homeless and unemployed 😁
If you haven’t made any payments towards it , it falls off your credit after 7yrs from the last payment. If u never paid it then it should fall off this year. I want to say the only things that don’t fall off nor can be bankrupted are irs and federal school loans.
There’s also laws on how and when they can contact you for debt collections they’re not allowed to harass.
It’s amazing how much time and money they will spend on broke people. I was sued twice by credit card companies. I filed an answer twice to drag it out. When they got their judgments, I had nothing for them to take. Living in an apartment paycheck to paycheck. They are idiots
I'm not paying someone I personally did NOT make an agreement to repay.
I actually received threats from the same company, but it didn't do them any good.
File a nuisance lawsuit against the collecting agency and tag in mental aguish damages to the tune of one million dollars. The collection agency failed to properly review whether there was a legitimate debt owed.
Excellent story!
The supposed debt is past the statute of limitations period anyways.
😂😂😂😂😂
That doesn't stop PRA or judges like Lee P. Rudofsky.
It shouldn't be a question of the debt collectors repaying, it should be a matter of how much compensation they should pay for duress they put people under . If arizona is to do anything it should codify a compensation to be paid for malpractice by debt collection agencies .
Repeat offenders should face escalating fines , it's the only way to reign in the actions of these bottom feeders.
Yes I know exactly who and what they want, only problem I Filed Chapter 7 and thought that our government was getting rid of my Debts and for about 10 years it was fine and I never had another Credit card balance and I think they have finally given up on me, worst thing I can't improve my credit score and I filed for Chapter 7 all the way back to 2006??????????????.
Everything should be off your credit after 7yrs from the last payment made.. they might have extended it for bankruptcy to 10-15yrs? (U can look it up easily) but even then it’s past that. Go read on it then have equifax and transunion take it off ur credit.
Even with a bankruptcy you can get decent credit because they know you can’t file for another x amount of years, granted the interest might be higher on whatever loans etc you get. After you get the bankruptcy taken off your credit should be great if you have long standing accounts without late payments and only utilize 10% or less of credit cards and have an available credit if all cards totaling something like $55k (off the top of my head). Car payments and /or mortgage payments can help increase the score if you don’t have the high credit card availability.
There’s tons of info on how to fix & build your credit. It’s mainly showing you can borrow money and pay it back on time for a long time.
@Hello there, how are you doing this blessed day?
When a company writes off a debt they submit a 1099-C (cancelation of debt) to the IRS the year the debt was written off by the company. The IRS makes the person who had the debt write off claim that amount as income for the year it was written off. If they don't claim it on their original return the IRS will do an adjustment to their return charging them the tax owed on the amount written off on the 1099-C plus interest and penalties for not claiming it on their original tax return. So how can these companies sue them for the debt when they are made to claim it as income on their tax return? The debt is already taken care of.
There is a statue of limitation for debt. !!!
And how many people, especially seniors, just pay that company?
You don’t owe a debt to a company who bought the debt from the company you did business with
Sloppy, sloppy, sloppy Portfolio Recovery.
When a debt collector calls you first thing you tell them is that they have to PROOVE the debt is yours. It’s required.
That’s what filing an answer does. Once they prove it all, you’re screwed and will get a judgement
She needs to send this to Arizona State, Attorney General Mayes
If it's an illegal operation - Mayes is getting a hefty cut from it.
Thanks for the reporting. Lowest of the low. They buy debts for pennies on the dollar and make a mint.
My parents lived their entire lives without owning a single C/C. I got rid of all of my C/C's years ago...
one of the best financial moves I could have ever made.
The collectors have to have the original documents showing the debt before they can even begin a legitimate claim. If you take them to court, they have to prove the loan was ever legitimate and never paid. Without all the records, they summarily lose. You just have to show up and state your case to win usually with something this old.
This kind of carpet bombing old loans works despite its criminality (stealing) because most people are both ignorant and easy prey. They don’t want to show up. I don’t blame them. But it has to be done to stop the hyenas.
I filed a suit to stop Portfolio from calling me. I am still in court four years later. Lost all the way up to the Supreme Court of the Untied States. My petition for writ of cert (for review) is No. 24-6113.
Sounds like extortion. Or at the very least a scam.
They hounded me with a stupid old debt that was already off my credit. They called and sent letters. I laughed at them. They bought useless debt and then tried to harrass me. I told them they were idiots. They are idiots. I know my rights.
Same here and they learned a hard lesson.
I shared the personal information of their CEO with traffickers, rapists and just about every predator that I came across on the dark web.
You can sue them for harassment if you have proof you told them to cease contact (I want to say it’s something like after 3 times or calling after certain hours once you tell them to stop contacting you). Each state is a little different. They’ll even do it for debt of deceased parents/spouse , which in most states it’s a charge off and nobody is liable
Omg these people did me out of the blue too. They started to garnish my checks. And I’ve been battling them for the past 6 months.