Why not to pay debt collectors?
Some debts that collectors claim you owe might not be legitimate due to identity theft, billing errors, or an expired statute of limitations. Not only should you avoid forking over money that you aren't legally obligated to pay, but paying that debt could have a severely negative effect on your credit score.
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.
Don't provide personal or sensitive financial information
Never give out or confirm personal or sensitive financial information – such as your bank account, credit card, or full Social Security number – unless you know the company or person you are talking with is a real debt collector.
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.
- 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.
Not necessarily. It's not always wise to pay a debt collection agency, even though that may be your first instinct. Depending on your circ*mstances, doing so may only worsen your financial situation and compound your problems.
Paying won't take a collections account off your credit reports. Many people believe paying off an account in collections will remove the negative mark from their credit reports. This isn't true; if you pay an account in collections in full, it will show up on your credit reports as “paid,” but it won't disappear.
- Misrepresenting the nature of the debt, including the amount owed.
- Falsely claiming that the person contacting you is an attorney.
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.
If you get a summons notifying you that a debt collector is suing you, don't ignore it. If you do, the collector may be able to get a default judgment against you (that is, the court enters judgment in the collector's favor because you didn't respond to defend yourself) and garnish your wages and bank account.
What is the credit secret loophole?
The 609 dispute letter is often referred to as the “legal loophole”, or the “credit repair secret' and can be useful in different situations. Apart from correcting your credit report, the 609 letter could be what you need to respond to a debt collection lawsuit.
The debt trap is a situation where you've been forced to take on more borrowings in order to pay off your existing debts. Eventually, you're stuck in a situation where the debt spirals out of control and exceeds your capacity to pay it off.
Debt relief or debt cancellation is the partial or total forgiveness of debt, or the slowing or stopping of debt growth, owed by individuals, corporations, or nations. From antiquity through the 19th century, it refers to domestic debts, in particular agricultural debts and freeing of debt slaves.
Collectors often exaggerate the consequences of delinquency and non-payment. Threats are illegal under the FDCPA, but suggestions that your credit score will suffer or that your possessions may be seized are simply scare tactics with nothing to back them up.
Your creditors do not have to accept your offer of payment or freeze interest. If they continue to refuse what you are asking for, carry on making the payments you have offered anyway. Keep trying to persuade your creditors by writing to them again.
You have two tools you can use to dispute a debt: first, a debt validation letter the debt collector is required to send you, outlining the debt and your rights around disputing it; then, a debt verification letter. You can submit a written request to get more information and temporarily halt collection efforts.
According to Debt.org, there are three phases to debt collection: You are past-due, or delinquent, on your bills and your card issuer's collections representative calls you to pay your overdue balance. After about six months (depending on the lender), they will give up.
Although the unpaid debt will go on your credit report and have a negative impact on your score, the good news is that it won't last forever. After seven years, unpaid credit card debt falls off your credit report. The debt doesn't vanish completely, but it'll no longer impact your credit score.
Paying off the debt won't necessarily remove it from your credit history, but could improve your score over time. If you are currently trying to get approved for a mortgage or other loan, paying off old debts can improve your odds of approval.
Can I pay the original creditor instead of the collection agency?
In most cases, the original creditor will offer better repayment options than a debt collector will. However, if your debt has been sold to a debt buyer and the original creditor no longer owns it, you'll need to pay the collection agency to clear up the 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.
Explain that all debt collection agencies are different, and the amount they will settle for will therefore also differ. Some will only settle for 75-80% of the total amount; others will settle for as a little as 33%.
Generally speaking, debtors are financially vulnerable people in an emotional state who are often more susceptible to threats and intimidation - something that the worst debt collectors have been taking advantage of for decades.
So, if you want to bypass a debt collector, contact your original creditor's customer service department and request a payment plan. They may be willing to resume control of your account and put you on a flexible repayment plan.
