Last Updated: January 26, 2024
Disclaimer: Pacific Debt, Inc. is not a law firm and this article should not be construed as legal advice. Only a licensed attorney in your state can provide legal advice.
If you have been notified that a debt has been turned over to collections and want to pay it off, how do you go about it? Not all debts are yours – there could be a bad address or telephone number attached to the bill, the bill could be too old to collect, or it could be a scam.
If you fail to pay a bill, it most likely will get sold to a debt collector. It is a last resort for the creditor – they make money from the sale and the debt is off their books. This usually happens between 90 and 180 days of the delinquency. At that point you no longer owe the money to the original creditor, you now owe it to the debt collector. The debt collection agency might even sell your debt to other collection agencies.
Once your debt goes into collections, it is then labeled as “In collection” on your credit report and your overall score might be affected. Your payment history is extremely important to the credit reporting agencies. The label will stay on your credit report for, in general, 7 and one-half years from the date it went delinquent.
If the collections agency or original creditor determines it is worth the hassle, you may be taken to court. Make certain you don’t ignore the summons letter. It won’t go away and you could end up with your wages garnished. Before you pay a debt collector, you should take some time to check out and inquire about the claim.
Before you rush off to pay that scary debt collector, check to make sure that it is your debt and has been turned over to a collections agency. Then determine if you should pay it off.
Check your credit statement: there are three major credit reporting agencies, TransUnion, Equifax, and Experian. You can order one free report yearly from each company without harming your credit.
The debt collection agency will most likely want the entire debt paid off immediately. However, if that is not an option, you may be able to work out a payment plan agreement with the collection agency. Keep in mind that you are entering into a legal agreement and this can reset your seven-year statute of limitations to bring the debt current.
1. Lump Sum Payment – It’s fast and satisfies the collector. You may be able to offer a lower amount in exchange for that lump sum. Negotiating a lower payment can affect your credit score.
2. Installment Payments – spread out payments and pay off the sum. The downside is that payments may reset the 7-year clock. This will probably continue to hurt your credit rating if you fail to make the payments.
You may want to read how to deal with debt collectors when you can’t pay if you’re tight on funds.
When you contact the debt collection agency, always get the following information:
If you hire a third party to negotiate for you, make certain they are a reputable company. Pacific Debt, Inc. is an established and reputable company with more than a decade of experience settling credit card and other unsecured debt.
Once all your paperwork is in order, make a payment.
Always ask for a letter of completion from the company. After 30 days, check your credit report to see if the debt has been removed or labeled correctly. Keep all paperwork related to this debt in a place where you can find it easily. The debt may rear its ugly head again and you will need to prove that it is paid per your agreement.
Debtor collectors have a reputation for being unpleasant. They may constantly call you or harass you at work. In addition, with so many people having trouble making ends meet, there are a lot of scammers out there trying to take advantage of desperate people. Always make certain that you check the debt to ensure that it is yours. Never let anyone have access to your bank account. And be aware that harassment is against the law.
For more information on harassment, check out our article Common Myths and Scare Tactics Used by Debt Collectors
Because debt collection can include questionable actions, debtors have rights and protections guaranteed by the federal (FDCPA) debt protection laws. Your state may have additional protections in place.
If you receive a letter from a collection agency about a debt you don't recognize or believe is inaccurate, don't ignore it. There are steps you can take:
First, send the collection agency a [[debt validation letter]] within 30 days. This requires them to verify details about the debt and prove you actually owe it. Stop any payments until they can validate it.
If their response doesn't resolve the discrepancy or you still dispute owing the debt at all, send a formal written dispute listing the reasons why. The Fair Debt Collection Practices Act requires them to stop collections until they have investigated.
If you suspect identity theft or fraud is behind the incorrect debt, you also need to place a fraud alert and get copies of your credit reports as soon as possible. Then report the identity theft to the FTC and file a police report. Getting proof there is fraudulent or inaccurate information connected to your identity is important for stopping continued issues.
While debt collectors do sometimes resort to pressure tactics, it's illegal for them to harass, threaten, or verbally abuse you. Recognizing their scam tactics can help avoid being tricked into paying debts never owed:
Once you pay or settle the debt, always get a confirmation in writing from the collection agency. Keep this for your records in case the account inaccurately remains on your credit report. Within 30 days of your final payment, check your credit reports to ensure the collection account is updated properly as paid or settled.
If it incorrectly still says "in collections" or has no updates, you need to dispute the inaccurate information to require an investigation and correction. Gather any documentation related to paying or settling the debt and send copies with your dispute letter. Under the Fair Credit Reporting Act, credit bureaus must complete investigations within 30-45 days.
If you receive a court summons related to an unpaid debt in collections, you must respond within the time frame listed or a default judgment could be entered against you. Contact a consumer law attorney immediately to understand your options, which may include negotiating a settlement or filing an answer with the court. Ignoring the summons will typically not make things better.
If you are sued and the court issues a judgment against you, the collection agency can pursue wage garnishment with a court order to have money automatically deducted from your paychecks towards the debt. This can be avoided by proactively working with the original creditor or collection agency to set up affordable payment arrangements.
Unfortunately, paid or settled collection accounts usually remain on your credit report for the full seven years from the date the debt first became delinquent. After seven years, they automatically fall off your report. However, having the updated "paid" status still looks better to potential lenders than an open collection account.
You can always ask, but most collection agencies won't remove a paid collection account before the seven years are up as a condition of payment. After it's paid, you can submit disputes if the account status isn't updated properly, but removal requests usually won't override standard reporting timelines.
Dealing with debt collectors is often stressful, but being proactive can help resolve the situation most beneficially. Start by validating the details to ensure the debt is yours and the correct amount. Check relevant time limits that could impact collection rights.
Communicate with collectors to negotiate affordable repayment plans or settlements, get all agreements in writing, and keep detailed records. Follow up to ensure proper credit bureau updates too. While unpaid collections hurt your credit, positive actions like payment plans show responsibility.
And over time, paid or settled collection accounts will expire from your report. By asserting your consumer rights and taking strategic actions, you can work through collections in a manageable way while rebuilding your financial health.
Pacific Debt, Inc. is a debt settlement company that works with debt collectors and creditors to settle debts for a lower amount than you owe. Pacific Debt, Inc. has settled over $300 million in debt since 2002. If you’d like more information on debt settlement or have more than $10,000 in credit card debt that you can’t repay, contact Pacific Debt, Inc. We may be able to help you become debt-free in 2 to 4 years.
Pacific Debt, Inc. is proud to be consistently named one of the best debt settlement companies for years. In 2020, our debt specialists earned two #1 rankings for customer service. We are also accredited with the Consumer Debt Relief Initiative (CDRI) and are an A+ member of the Better Business Bureau. Our rankings in Top Consumer Reviews, Top Ten Reviews, Consumers Advocate, Consumer Affairs, Trust Pilot, and US News and World Report are consistently good.
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