what do i do if an attorney says i owe more money than i really owe

What to do if you think you don’t owe money?

If you want us to move things forward for you, you’d then give us Power of Attorney so we can contact the IRS on your behalf and find out what exactly is going on. Then, we let the IRS know that we’ve been retained by you, and from that point on, they’ll communicate directly with us and we can then get them to stop any collections and/or levies.

What happens if you don’t owe the debt you owe?

May 24, 2019 · It does not matter if the money was supposed to be used for something else, if it is not exempt, you have to disclose it and potentially turn it over. If you have non-dischargeable priority debts, it is important to make this process easy on the trustee so they do not feel as though they need to hire an attorney to help in getting you to comply. More on trustee’s …

How can I find out if I owe a debt?

Aug 06, 2011 · I got a letter in the mail saying that I owe $45.50 in debt to a local newspaper. The debt collector claims that it is because I never paid on a subscription to that paper. Here's the issue, my dad ordered that subscription. He claimed …

Why does the IRS say I owe more than I paid?

Dec 08, 2015 · The notice also must include the name of the person or business you owe money to, and what to do if you think you don't owe the money. By law, a debt collector can't say it will take legal action against you, if it doesn't truly intend …

How do I fight a false collection?

Reach out to the company the collector says is the original creditor. They might help you figure out if the debt is legitimate – and if this collector has the right to collect the debt. Also, get your free, annual credit report online or at 877-322-8228 and see if the debt shows up there. Dispute the debt in writing.Dec 8, 2015

How do you prove you don't owe a debt?

If you're not sure if a debt is yours—or if the amount or other facts related to the collection are not correct—you can ask for proof. If someone calls you about a debt or sends you a bill without documentation, request a debt validation letter.Feb 21, 2020

Can debt collectors collect more than you owe?

A debt collector cannot collect more money than what is owed. For example, a debt collector cannot demand that you pay $2,000 in order to settle a debt that was originally only $500.

What happens if collection agency is incorrect?

Handling an Erroneous Collection The agency must provide you with proof of the debt within 30 to 45 days. If they can't find proof, or if they notice a mistake, they can't collect the debt. If they do find some sort of proof, you may need to contact an attorney or a credit repair agency to handle the matter for you.Aug 11, 2021

What should I write to dispute a debt?

The debt dispute letter should include your personal identifying information; verification of the amount of debt owed; the name of the creditor for the debt; and a request the debt not be reported to credit reporting agencies until the matter is resolved or have it removed from the report, if it already has been ...6 days ago

Do debt collectors have to prove you owe?

Debt collectors are legally required to send you a debt validation letter, which outlines what the debt is, how much you owe and other information. If you're still uncertain about the debt you're being asked to pay, you can send the debt collector a debt verification letter requesting more information.

Does your debt go away after 7 years?

Unpaid credit card debt will drop off an individual's credit report after 7 years, meaning late payments associated with the unpaid debt will no longer affect the person's credit score. ... After that, a creditor can still sue, but the case will be thrown out if you indicate that the debt is time-barred.May 8, 2020

How do I respond to a collection letter from a lawyer?

Four Steps to Take if You Received a Debt Collection Letter From a LawyerCarefully Review the Letter to Determine the Claim. ... Consider Sending a Debt Validation Request. ... Gather and Organize All Relevant Financial Documents and Records. ... Be Proactive: Debt Does Not Go Away on its Own.Aug 12, 2021

Can a collection agency collect more than the original debt?

When a creditor sells a past due debt to a collection agency, the collection agency becomes the owner of debt. They may add additional interest and fees to the balance as part of their collection efforts, so the collection amount may be greater than the original amount that was written off by your creditor.Aug 29, 2017

What is a 609 letter?

A 609 Dispute Letter is often billed as a credit repair secret or legal loophole that forces the credit reporting agencies to remove certain negative information from your credit reports. And if you're willing, you can spend big bucks on templates for these magical dispute letters.Aug 19, 2019

What is a 609 dispute letter?

A 609 letter is a credit repair method that requests credit bureaus to remove erroneous negative entries from your credit report. It's named after section 609 of the Fair Credit Reporting Act (FCRA), a federal law that protects consumers from unfair credit and collection practices.Dec 17, 2021

How do you ask for goodwill deletion?

If your misstep happened because of unfortunate circumstances like a personal emergency or a technical error, try writing a goodwill letter to ask the creditor to consider removing it. The creditor or collection agency may ask the credit bureaus to remove the negative mark.Dec 8, 2021

What is Upsolve for bankruptcy?

Upsolve is a nonprofit tool that helps you file bankruptcy for free. Think TurboTax for bankruptcy. Get free education, customer support, and community. Featured in Forbes 4x and funded by institutions like Harvard University so we'll never ask you for a credit card. Explore our free tool

How long does it take to file a proof of claim?

Creditors have 90 days from the date of the notice to file the proof of claim.

Can you convert a Chapter 7 bankruptcy to a Chapter 13?

Converting to a Chapter 13 Case. Depending on your circumstances, you may be able to convert your Chapter 7 bankruptcy to a case under Chapter 13. In Chapter 13 bankruptcy, you are able to keep your non-exempt asset because your Chapter 13 payment plan reimburses your creditors for it over time.

What to expect from a trustee?

Generally speaking, the trustee may ask you about a certain asset, and whether you are interested in making an offer to buy it back from the estate, at your creditors meeting.

How long do creditors have to file a claim?

Governmental creditors, such as the IRS, have until either 180 days from the date your petition was filed or the date shown on the court’s notice, whichever is later, to file a claim. Creditors do not have to file a claim in your case. However, if they don’t, they will not be receiving any funds from the trustee.

What to do if you don't think you owe money?

Collectors must send you a written notice. It tells you how much money you owe, the name of the creditor, and what to do if you don’t think you owe the money. This notice might help you figure out if you owe the debt. Do your own detective work. Reach out to the company the collector says is the original creditor.

How many contacts do debt collectors make?

Debt collectors make up to one billion contacts with consumers each year. It’s their job to make sure they’re collecting from the right people. But sometimes, they reach the wrong person. Other times, they’re actually part of a fake debt collection scam.

Can a debt collector stop contacting you?

By law, the collector then must stop contacting you – though the debt doesn’t go away. But, if the collector sends you written verification of the debt, they can start contacting you again. And, if there’s incorrect information on your credit report, dispute that, too.

1 attorney answer

To answer your question, yes. Generally speaking, if you are ordered by a judgment against you to pay money owed, the opposing lawyer can use a variety of tools and strategies to recover that money - including the seizing of personal and real property...

Allen Yi

To answer your question, yes. Generally speaking, if you are ordered by a judgment against you to pay money owed, the opposing lawyer can use a variety of tools and strategies to recover that money - including the seizing of personal and real property...

Daniel Alan Near

If you cannot pay the monthly amount, you certainly do not want to spend more money on an attorney. There is not much that an attorney can do to assist you. If you had a lump sum that you could pay, an offer could be made to pay a lump sum to resolve the entire debt for less than the full amont.

Michael Charles Doland

The lawyer can get a judgment, but a judgment is not the same as having non-exempt assets to satisfy a judgment.

David John Rausa

I think you need to speak with a local San Diego Bankruptcy attorney. Many provide free consultations. When a person is in your situation, it is very difficult to negotiate out based on your lack of income. Creditors simply do not care and will do anything to extract money from you. Therefore, you need someone to fight back and be in your corner.

Brian Crozier Whitaker

Bankruptcy is always an option ... what it will cost and whether you will receive a discharge are the issues.

Adrian Thomas LeCesne

Contact the attorney directly and ask to restructure payments. Most attorneys would rather receive reduced installments than have them stop entirely and move to collections.

James J. D'Esposito

You should consult with an experienced Business or Debt Settlement Attorney to try to restructure your indebtedness so that it requires affordable payments that eventually fully satisfy the loan.

How to file a complaint against a debt collector?

To file a complaint with the FTC, call its helpline at 1-877-FTC-HELP, or complete the online complaint form. You can also file a complaint or sue if a debt collector employs other tactics, such as: 1 Abusive language (profanity, threatening physical harm) 2 Calling your home before 8am and after 9pm 3 False threats, such as threatening to sue or garnish your wages 4 Speaking to others about the alleged debt 5 Calling your place of employment after you’ve asked them to stop

What is debt collector?

A debt collector is any creditor who calls for payment on a debt, including an original creditor. However, debt collectors often are collection agencies that purchase an outstanding debt from another company in order to profit on it. For example, if you default on student loans or on a medical bill, the original creditor may give your account ...

How long do you have to pay off debt?

Each state has a statute of limitations that dictates the amount of time you’re legally responsible for a debt. This time frame varies from state to state, but averages between 3 and 15 years.

Can debt collectors be abusive?

While there is never any excuse for abuse, the behavior of some relentless debt collectors can border on abusive. Though there are laws to protect you from harassment, a collector may call your home nonstop, as well as harass your family or any other person listed as a reference on your account. Some collectors speak harshly or issue threats, ...

What does it mean when a collection is on your credit report?

Having a collection on your report – regardless of whether it’s reported in error – means you could be denied credit cards, auto loans, or a mortgage, and you may also pay a higher interest rate on future loans. Due to the seriousness of a collection account, you should never ignore a debt collector.

How to file a complaint with the FTC?

To file a complaint with the FTC, call its helpline at 1-877-FTC-HELP, or complete the online complaint form. You can also file a complaint or sue if a debt collector employs other tactics, such as: Abusive language (profanity, threatening physical harm) Calling your home before 8am and after 9pm. False threats, such as threatening to sue ...

Can a collection agency buy old debt?

The collection agency can buy the old debt from your original creditor for a reduced amount and keep whatever they collect. Alternatively, original creditors can hire a collection agency and only pay once the debt is collected.