There's 'no set rule' on how long it takes for your debt to go to collections. Six months is the general guideline, but according to Eweka there is "no set rule" on how many times you'll get a phone call or letter before your debt is turned over to an agency.
If it hasn't already, your credit card issuer will most likely sell your debt to a collection agency once you're 180 days late, which is known as a charge-off. A charged-off debt is not forgiven; you're still responsible for paying it.
30 days late: The creditor will report your late payment to the credit bureaus, causing your credit scores to drop. Your creditor may also contact you to try and work out a solution. 60-180 days late: The credit card company will continue charging interest and may increase the APR on your overdue balance.
Specifically, the rule states that a debt collector cannot: Make more than seven calls within a seven-day period to a consumer regarding a specific debt. Call a consumer within seven days after having a telephone conversation about that debt.
One of the most rigorous rules in their favor is the 7-in-7 rule. This rule states that a creditor must not contact the person who owes them money more than seven times within a 7-day period. Also, they must not contact the individual within seven days after engaging in a phone conversation about a particular debt.
If your account is over 90 days behind and the creditor has been unable to reach you or obtain payment, they will write off the debt as unrecoverable and contract or sell the debt to a collections agency. The creditor will also inform the credit reporting bureaus that your account has gone to a collections agency.
Unpaid credit cards fall into the “civil debt” category and are not punishable by jail time. However, criminal offenses related to financial affairs, like tax evasion, could land you in jail. It's important to know that ignoring judgments against you could result in serious legal consequences, including jail time.
Most consumer debts will “expire” after three to six years, meaning a creditor or debt collector can no longer sue you for them. You're still responsible for paying old debts, but waiting until the statute of limitations runs out might help you avoid future legal issues.
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.
If you missed a payment because of extenuating circumstances and you've brought account current, you could try to contact the creditor or send a goodwill letter and ask them to remove the late payment.
Walking away from your debt, also known as defaulting, could seem like your best option if you're struggling to keep up with bills. However, walking away from debt won't solve all of your problems. Your lender can still try to sue you for the remaining amount or sell the loan to a collection agency.
You Lose: If the credit card or debt collection company wins, it will ask the judge for authority to collect its money. Your wages could be garnished. Liens could be placed on your property or forced into a sale.
Most negative items should automatically fall off your credit reports seven years from the date of your first missed payment, at which point your credit score may start rising. But if you are otherwise using credit responsibly, your score may rebound to its starting point within three months to six years.
Old (Time-Barred) Debts
In California, there is generally a four-year limit for filing a lawsuit to collect a debt based on a written agreement.
For instance, if you've managed to achieve a commendable score of 700, brace yourself. The introduction of just one debt collection entry can plummet your score by over 100 points. Conversely, for those with already lower scores, the drop might be less pronounced but still significant.
If you continue not to pay, you'll hurt your credit score and you risk losing your property or having your wages or bank account garnished.
If you never pay off your credit card debt, your account may get reported to the credit bureaus, and you could receive a derogatory remark on your credit card report, specifically a charge-off. A charge-off happens when a payment has yet to be made on a debt for a certain period of time, usually around 180 days.
Your home provides security to the lender that you would pay back the debt. If you owe money for most other debts like credit cards and medical bills, you (usually) did not sign a security agreement. So, the creditors cannot seize your home to pay the debt.
Short answer? No, you can't get a deportation order for debt as an immigrant to the U.S. But debt could hurt you in other ways. Here's what you need to know about how debt can impact your new life in the States – and your immigration status.
Debt collectors are not permitted to try to publicly shame you into paying money that you may or may not owe. In fact, they're not even allowed to contact you by postcard. They cannot publish the names of people who owe money. They can't even discuss the matter with anyone other than you, your spouse, or your attorney.
While smaller debts are less likely to result in legal action, there are no guarantees. In many cases, though, debt collectors will prioritize larger debts, as they offer a higher return on the time and legal fees associated with a lawsuit.