Do I have to pay a debt that has been sold?

Asked by: Araceli Jacobi  |  Last update: February 9, 2022
Score: 4.5/5 (22 votes)

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.

Are you responsible for debt sold to collection agency?

If a debt is sold to another company, do I have to pay? Once your debt has been sold to a debt purchaser you owe them the money, not the original creditor. The debt purchaser must follow the same rules as your original creditor when they collect the debt, and you keep all the same legal rights.

What happens when debt is sold to a collection agency?

If your debt is sold to a debt purchaser like a debt collection agency, you will owe the purchaser money, but you will not owe the original lender anything. ... For example, a debt collection company cannot arbitrarily or unilaterally spike the interest rate on the delinquent loan or account.

Do you have to pay back debt that has been sold?

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. Even if you think it's unfair.

Can you be sued for a sold debt?

Errors creep in as debt is sold and resold; names and amounts can be incorrect. Whether the debt is past the statute of limitations. Once that passes, the debt is considered “time-barred.” That means you can't legally be sued — but collectors may still try it, in violation of your consumer rights.

How to Check if Your Debt has Been Sold

30 related questions found

How long can a debt collector pursue an old debt?

Statutes of limitations determine how long someone has to file a lawsuit or other legal proceeding. In California, the statute of limitations on most debts is four years. With some limited exceptions, creditors and debt buyers can't sue to collect debt that is more than four years old.

Can I be chased for debt 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.

How do you dispute a debt that has been paid?

If you believe you have paid off the debt, you can dispute that you owe it.
...
That information must include:
  1. The name of the creditor.
  2. The amount owed.
  3. That you can dispute the debt and seek verification of the debt.
  4. That you can request the name and address of the original creditor, if different from the current creditor.

Can you settle a debt with the original creditor?

It's possible in some cases to negotiate with a lender to repay a debt after it's already been sent to collections. Working with the original creditor, rather than dealing with debt collectors, can be beneficial. ... However, your ability to bypass debt collectors depends on your specific situation.

Can I pay the original creditor instead of the collection agency?

Even if a debt has passed into collections, you may still be able to pay your original creditor instead of the agency. ... The creditor can reclaim the debt from the collector and you can work with them directly. However, there's no law requiring the original creditor to accept your proposal.

Why you should not pay collections?

On the other hand, paying an outstanding loan to a debt collection agency can hurt your credit score. ... Any action on your credit report can negatively impact your credit score - even paying back loans. If you have an outstanding loan that's a year or two old, it's better for your credit report to avoid paying it.

How do you get out of collections without paying?

Here are 4 ways to remove collections from your credit report, improve your score, and restore your borrowing power:
  1. Request a Goodwill Deletion.
  2. Dispute the Collection.
  3. Request Debt Validation.
  4. Negotiate a Pay-for-Delete.

How can I get out of debt collectors without paying?

9 Ways to Turn the Tables on Debt Collectors
  1. Don't Wait for Them to Call. Consider picking up the phone and calling the debt collector yourself. ...
  2. Check Them Out. ...
  3. Dump it Back in Their Lap. ...
  4. Stick to Business. ...
  5. Show Them the Money. ...
  6. Ask to Speak to a Supervisor. ...
  7. Call Their Bluff. ...
  8. Tell Them to Take a Hike.

What happens if you ignore a debt collector?

If you continue to ignore communicating with the debt collector, they will likely file a collections lawsuit against you in court. ... Once a default judgment is entered, the debt collector can garnish your wages, seize personal property, and have money taken out of your bank account.

Do debt collectors give up?

Do debt collection agencies ever give up? ... At the end of the day, it is their job to make sure the debt is paid, so they will do whatever they can to collect the balance. If you do not receive contact from a debt collector for a lengthy period of time, then the debt could become 'statute barred'.

Do collection agencies have to identify themselves?

Right to know the debt collector or debt collection agency

Under the FDCPA, debt collectors are required to identify themselves when they attempt to collect a debt as well as note that any information you give them will be used in an attempt to collect the debt.

How do I remove original creditors from my credit report?

3 Easy Ways To Remove a Charge-Off From Your Credit Report
  1. Negotiate A “Pay for Delete” & Pay The Creditor To Delete The Charge-Off.
  2. Use The Advanced Method To Dispute The Charge-Off.
  3. Have A Professional Remove The Charge-Off.

Should I contact original creditor or collections?

If you're ready to negotiate on a debt, you'll probably be better off talking to the creditor, not a collection agency. This is because the creditor has more discretion and flexibility in negotiating with you, and might see you as a former and possibly future customer.

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.

How do you dispute an account that has been sold?

By law, a consumer must receive written notice (known as a debt validation letter) within five days of the collector's initial attempt to contact you. That notice must include the amount of the debt, the original creditor to whom the debt is owed and a statement of your right to dispute the debt.

Should you always dispute collections?

If you believe any account information is incorrect, you should dispute the information to have it either removed or corrected. If, for example, you have a collection or multiple collections appearing on your credit reports and those debts do not belong to you, you can dispute them and have them removed.

What is a goodwill deletion?

The goodwill deletion request letter is based on the age-old principle that everyone makes mistakes. It is, simply put, the practice of admitting a mistake to a lender and asking them not to penalize you for it. Obviously, this usually works only with one-time, low-level items like 30-day late payments.

Is it true that after 7 years your credit is clear?

Even though debts still exist after seven years, having them fall off your credit report can be beneficial to your credit score. ... Only negative information disappears from your credit report after seven years. Open positive accounts will stay on your credit report indefinitely.

Is a debt written off after 6 years?

For most debts, if you're liable your creditor has to take action against you within a certain time limit. ... 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.

How many times can a debt be sold?

Answer: An unpaid collection account can be sold and re-purchased over and over again by junk debt buyers. Often, a junk debt buyer will purchase a collection account, attempt collection for a few months, then re-sale the account to a new junk debt buyer. This can occur repeatedly until the debt is paid.