What happens when a company sells your debt to a collection agency?
The debt is still very much yours, and yes, you're still responsible for paying it. What happens is that the original creditor sells your debt to a collector for a fraction of the total amount owed. Now, it's the collector's job to try and recoup as much of that debt as possible from you.
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. If you receive a validation notice, the end date of the 30-day period will be specified.
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.
When the debt is sold or transferred, a new collection account is added to your credit history. So, after your debt has been transferred or sold, it will probably show up two times in your credit history. If the debt is sold again, another account is added to your credit history.
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.
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.
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.
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.
Your original creditor may be most willing to take your debt back if you have already worked out a plan with your debt collector and begun repaying what you owe. So, if you want to bypass a debt collector, contact your original creditor's customer service department and request a payment plan.
How long can a bad debt be sold to a collection agency?
The statute of limitations on debt typically ranges 3 – 6 years, depending on the debt type and the state you live in.
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.
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.
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."
The letter requests an investigation into the disputed information under Section 623 of the Fair Credit Reporting Act (FCRA), aiming to correct errors and ensure the accuracy of the credit report. This process allows individuals to address and rectify any inaccuracies that may impact their creditworthiness.
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.
Federal Legislative Activity in 2023
Amend Section 604(c) of the FCRA to address the treatment of pre-screening report requests. Section 604(c) governs the furnishing of reports in connection with credit or insurance transactions that are not initiated by the consumer.
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 10 year old debt still be collected?
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.
Although the debt won't be factored into your credit score after seven years, there are still consequences. When you stop paying your debt, the creditor will start charging late fees and interest will continue to accumulate, increasing the balance you owe.
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.
- Do your homework and gather your evidence.
- Dispute the account if there's an error.
- Ask for a goodwill deletion if you paid the collections.
- Confirm the change you sought was made on your credit reports.
- List your account number and address.
- Briefly explain the situation that caused the error.
- Explain the steps you took to correct the issue and ensure it wouldn't happen again.
- Mention how it's negatively affecting you, like if it's hindering your ability to qualify for a mortgage.
