If you let the bill go to collections, you'll be hassled by a very aggressive debt collector. Eventually, you might be sued for the delinquent balance plus the interest and fees. If that happens, the judgment against you will allow the debt collector to garnish part of your paycheck until you've repaid the debt.
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.
Once your account is being handled by a third-party debt collector or collections agency, they will call, email and send letters in an attempt to collect payment on your account. You still have the option of a payment plan or settlement with your original creditor, if you reach out to them directly.
Effects on Your Credit
A debt that goes to collections can damage your credit report and remain on your report for seven years. That can be the case even if you pay off your debt.
A collection on a debt of less than $100 shouldn't affect your score at all, but anything over $100 could cause a big drop. In many cases, it doesn't even matter how much it is if it's over $100. Whether you owe $500 or $150,000, you may see a credit score drop of 100 points or more, depending on where you started.
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.
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.
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.
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.
The decision to sue often depends on the debt's size (usually a minimum of $1,000), age, and original agreements. Debt collection practices for unpaid credit card balances frequently lead to court cases. If sued and found liable, you may face additional costs through interest and fees.
Debt collection agencies are often asked if there's a minimum invoice value that makes chasing a debtor worthwhile. The answer is generally 'no', so it's really up to you whether you want to take things further when the amount involved is small.
Ignoring or avoiding the debt collector may cause the debt collector to use other methods to try to collect the debt, including a lawsuit against you. If you are unable to come to an agreement with a debt collector, you may want to contact an attorney who can provide you with legal advice about your situation.
If you're able to do so, pay the original creditor before your debt goes to collections. Having a debt sent to collections will damage your credit score and may limit your options for repayment. In most cases, the original creditor will offer better repayment options than a debt collector will.
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.
Debt collectors cannot harass or abuse you. They cannot swear, threaten to illegally harm you or your property, threaten you with illegal actions, or falsely threaten you with actions they do not intend to take. They also cannot make repeated calls over a short period to annoy or harass you.
Most states or jurisdictions have statutes of limitations between three and six years for debts, but some may be longer. This may also vary depending, for instance, on the: Type of debt. State where you live.
According to the Fair Credit Reporting Act (FCRA), negative items can appear on your credit report for up to 7 years (and possibly more). These include items such as debt collections and late payments. The time frame begins from the original date of the delinquency (the date of the missed payment).
Even though your card issuer "writes off" the account, you're still responsible for paying the debt. Whether you repay the amount or not, the missed payments and the charge-off will appear on your credit reports for seven years and likely cause severe credit score damage.
If you have delinquent debt that's been sent to collections, there might be options. In some cases, you may still be able to negotiate repayment directly with your lender. Working with your original creditor instead of a debt collector can be beneficial. However, this approach won't work for everyone.
It's possible to serve jail time if you've failed to pay your federal taxes or make child support payments. You can't go to jail merely for owing credit card, student loan, personal loan or other types of debt, which we'll explain below.
Firstly, your credit score will likely be negatively impacted as the debt remains unpaid and continues to be reported to credit bureaus. Persistent attempts to collect the debt may result in increased pressure from the collector, including frequent phone calls, letters, or even legal actions such as lawsuits.