Do I have to pay a debt if it has been sold?
Many people ask, “If a debt is sold to another company do I have to pay?” Once your debt is transferred, you owe the money to the current company rather than the original creditor. However, the new collector must still adhere to all the regular debt collection laws.
Once your debt has been sold you owe the buyer money, not the original creditor. The debt purchaser must follow the same rules as your original creditor. You keep all the same legal rights. They cannot add interest or charges unless they are in the terms of your original credit agreement.
Until the debt is either paid or forgiven, you still owe the money. This is true even if it's a credit card debt that is sold to a collection agency and even if you think it's unfair.
If you don't respond in time, the judge is likely to enter a default judgment against you. This means you lose the case and the creditor has access to collection measures like wage garnishment or a bank account levy. They may also be able to put a lien on your property.
Despite it being against the law, many debt collectors respond to consumers' “refusal-to-pay” letters. These are letters written by a consumer to a debt collector that state that the consumer will not pay the debt it's trying to collect from them.
If you don't think you owe the debt
Once you receive the validation information or notice from the debt collector during or after your initial communication with them, you have 30 days to dispute all or part of the debt, if you don't believe that you owe it.
You cannot remove collections from your credit report without paying if the information is accurate, but a collection account will fall off your credit report after 7 years whether you pay the balance or not.
If you are struggling with debt and debt collectors, Farmer & Morris Law, PLLC can help. As soon as you use the 11-word phrase “please cease and desist all calls and contact with me immediately” to stop the harassment, call us for a free consultation about what you can do to resolve your debt problems for good.
Summary: You can pay off a debt to the original creditor if they haven't sold the account to a debt collection agency yet. There is a chance the debt may have been transferred to collections, but that doesn't mean it's too late to reach out to your creditor and settle the debt once and for all.
Why you should never pay a debt collector?
By paying the collection agency directly, the notification of the debt could stay on your credit report longer than if you attempt to use another option, like filing for bankruptcy. When institutions check your credit report and see this information on it, it may harm your ability to obtain loans.
The Fair Debt Collection Practices Act (FDCPA) prohibits debt collectors from using abusive, unfair, or deceptive practices to collect debts from you, including: Misrepresenting the nature of the debt, including the amount owed. Falsely claiming that the person contacting you is an attorney.
Ignoring a Debt Collector's Calls and Letters When You're Judgment Proof. If you're not employed or making very little, and you don't have any valuable assets a debt collector can take, you likely don't need to worry about repaying your debts. Debtors like you can ignore creditor calls because you're "judgment proof."
Explain your current situation. Tell them your family income is reduced and you are not able to keep up with your payments. Frankly discuss your future income prospects so you and your creditors can figure out solutions to the problem.
- Check Your Credit Report. ...
- Make Sure the Debt Is Valid. ...
- Know the Statute of Limitations. ...
- Consider Negotiating. ...
- Try to Make the Payments You Owe. ...
- Send a Cease and Desist Letter.
Generally speaking, insolvency refers to situations where a debtor cannot pay the debts they owe. For instance, a troubled company may become insolvent when it is unable to repay its creditors money owed on time, often leading to a bankruptcy filing.
A 609 dispute letter is actually not a dispute but is simply a way of requesting that the credit bureaus provide you with certain documentation that substantiates the authenticity of the bureaus' reporting.
For example, if a collector is unable to make satisfactory arrangements with a consumer after a few months, the individual debt may be bundled with many others and sold to another collection agency. That process can be repeated many times over, even beyond the applicable statute of limitations for the consumer's debt.
How likely is it that you will be sued for a debt? According to one Consumer Financial Protection Bureau report, 1 in 7 — or about 15% — of consumers contacted about a debt in collections were sued. But the likelihood of a debt collection lawsuit depends on several factors.
Proposition 24 largely supersedes the California Consumer Privacy Act, that went into effect on January 1, 2020. Under that legislation, consumer rights are also increased on January 1, 2023, so that consumers have the right to request that businesses correct inaccurate personal information about them. Cal.
What not to say to collections?
Admitting liability. Even if you know that you owe the debt, you want to avoid making statements, such as “I know that I owe this bill.” You could still have defenses, especially if the creditor you owed the debt to sold your account to a third party. You do not want your words to be used against you later.
Generally speaking, negative information such as late or missed payments, accounts that have been sent to collection agencies, accounts not being paid as agreed, or bankruptcies stays on credit reports for approximately seven years.
Does disputing a debt restart the clock? Disputing the debt doesn't restart the clock unless you admit that the debt is yours. You can get a validation letter to dispute the debt to prove that the debt is either not yours or is time-barred.
Can a Debt Collector Collect After 10 Years? In most cases, the statute of limitations for a debt will have passed after 10 years. This means a debt collector may still attempt to pursue it (and you technically do still owe it), but they can't typically take legal action against you.
For most debts, the time limit is 6 years since you last wrote to them or made a payment. The time limit is longer for mortgage debts. If your home is repossessed and you still owe money on your mortgage, the time limit is 6 years for the interest on the mortgage and 12 years on the main amount.
