Do You Have to Pay Debt Collectors? Yes, if a debt collector has contacted you about a legitimate debt, you are legally obligated to pay it. However, it's essential first to verify that the debt is yours and the amount is correct.
You should always pay any debt. Just because it goes to collection does not mean you are off of the hook. Depending upon the amount it could affect your credit. So the best is to pay it off as soon as possible. If it goes to collection, try and work out a payment plan with the collection agency.
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're gearing up to apply for a mortgage, car loan or other significant financing, paying off debt in collections can improve your chances of approval. Lenders scrutinize your credit report and collections accounts can be red flags indicating financial instability.
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.
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.
It's better to pay off a debt in full than settle when possible. This will look better on your credit report and potentially help your score recover faster. Debt settlement is still a good option if you can't fully pay off your past-due debt.
Generally, paying the original creditor rather than a debt collector is better. The creditor has more discretion and flexibility in negotiating payment terms with you. And because that company might see you as a former and possibly future customer, it might be more willing to offer you a deal.
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.
Typically, debt collectors will only pursue legal action when the amount owed is in excess of $5,000, but they can sue for less. “If they do sue, you need to show up at court,” says Lewis-Parks.
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.
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.
2) What is the 609 loophole? The “609 loophole” is a misconception. Section 609 of the Fair Credit Reporting Act (FCRA) allows consumers to request their credit file information. It does not guarantee the removal of negative items but requires credit bureaus to verify the accuracy of disputed information.
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 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.
Debt collection thresholds vary widely and depend on several factors. While there's no legal minimum, practical limitations often determine the smallest debt amount collection agencies will pursue.
Since pay for delete technically skirts a legal line, debt collectors will rarely agree to it directly. If they do, they typically won't put it in writing. The reason is that if the credit bureaus were to find out that they were removing accounts that were legitimately incurred, it would violate the FCRA.
In some cases, you may be able to settle for much less than that 50.7% average. Collectors holding old debts may be willing to settle for 20% or even less. The statute of limitations clock starts from the date the debt first became delinquent.
The debt essentially becomes legally enforceable against you once more. So, if you're close to the statute expiring, don't give the collector more time by paying. Wait it out, and the debt dies. You can no longer be sued.
A common question we hear is, "Can I buy a home if I have collections on my credit report?" Fortunately, the answer is yes. But it depends on how much money you owe and what type of debt it is.
In most states, the statute of limitations for collecting on credit card debt is between three and 10 years, but a few states allow for longer periods, extending up to 15 years.