If you're facing a collection agency, a payment plan can be a lifesaver. This step-by-step guide will walk you through the process, so you can get back on track.
First, understand that a payment plan is a formal agreement between you and the collection agency. It's a written contract that outlines the terms of your payment, including the amount, frequency, and duration.
To qualify for a payment plan, you typically need to demonstrate a genuine effort to pay off the debt. This means you'll need to provide financial information, such as income and expenses, to show the collection agency you're capable of making payments.
A payment plan can be tailored to your specific needs, allowing you to make manageable payments over time.
How it Works
A collection agency starts working on a debt when a borrower is 60-90 days or more past due, and the delinquency is reported to the three major credit bureaus.
The Fair Debt Collection Practices Act (FDCPA) is followed by reputable collection agencies, which means they have guidelines to respect when contacting you.
Creditors often hire collection agencies to collect debt, but sometimes they sell debt to these agencies for less than the original amount.
A collection agency becomes the new creditor when they buy debt from the original creditor.
When a Borrower Defaults
If the borrower will not or cannot cover their arrearage, the collection agency can update the borrower's credit report with a "collection" status, which leads to a drop in the individual's credit score.
A low credit score can affect a person's chances of obtaining a loan in the future, as an account in collections can remain on their credit report for seven years.
Collection agencies will try to retrieve funds using various strategies, including calling the debtor's personal and office telephones.
They may also mail numerous late-payment notices to the debtor.
Collection agencies may contact a debtor's family, friends, and neighbors to confirm the debtor's contact information.
In extreme cases, they may even appear at the individual's front door.
Regulations
Debt collection agencies are bound by the Fair Debt Collection Practices Act (FDCPA), which sets rules for how they can interact with debtors.
A debt collector may not legally seize assets from a debtor unless they have won a lawsuit against them. This is a major protection for consumers, as it prevents collectors from taking drastic measures to get paid.
Debt collectors are also restricted from contacting debtors at work if they've been explicitly told not to do so. This is a common request from people who don't want to be bothered at work.
Debt collectors can call debtors between 8 a.m. and 9 p.m. only, and they can't call more than seven times in a seven-day period. This helps prevent harassment and gives debtors some peace of mind.
Here are some key restrictions on debt collector actions:
- Proceed to collect an old debt that has been charged off as "uncollectible"
- Legally seize assets from a debtor unless they have won a lawsuit against them
- Physically harm or threaten to harm a debtor
- Contact an individual at work if they have explicitly stated that their employer doesn't approve of such calls
- Contact you more than seven times during a seven-day period
Debt collectors must also provide "validation information" about the debt when they first contact you, including their name and mailing address, the name of the creditor you owe, how much you owe, and steps you can take if you don't think it's your debt.
Is It Worth?
Paying a collection agency can be a good idea if you can afford the debt you owe, as it helps repair your credit and avoids a lawsuit.
If you're struggling to pay off debt, it's best to seek professional help to determine if bankruptcy is an option.
Taking care of debt you can afford to pay is crucial for repairing any damage it may have done to your credit.
You should only consider paying a collection agency if it's within your budget to do so, as it's not worth going further into debt.
The Bottom Line
Paying off debt quickly is often the best course of action when contacted by a collection agency.
Being contacted by a collection agency can be stressful, but it's essential to remember that they are bound by the Fair Debt Collection Practices Act (FDCPA).
If you owe the debt, it's a good idea to pay it as quickly as possible to avoid further damaging your credit score and potentially facing a lawsuit.
The FDCPA is enforced by the Federal Trade Commission (FTC), which means you have rights when dealing with collection agencies.
Here are some key rights to keep in mind:
- Federal Trade Commission. "Fair Debt Collection Practices Act."
- Consumer Financial Protection Bureau. "Understand How the CFPB's Debt Collection Rule Impacts You."
- Federal Trade Commission. "Debt Collection FAQs."
How to Strategically
To pay collections strategically, document everything, including letters, emails, payment receipts, and agreements made with the collector. Your documentation serves as a record of your efforts and protects you in case of disputes or inaccuracies.
Paying the original creditor rather than a debt collector is generally better, as the creditor has more discretion and flexibility in negotiating payment terms with you. This is especially true if the creditor sees you as a former and possibly future customer.
You can negotiate with the original creditor if the debt was assigned to the collection agency, not sold to the collector. To do this, ask the collection agency for the phone number of the original creditor's collections department and then call the creditor to ask if you can pay the debt with them.
Negotiating Credit Improvements
You can negotiate credit improvements by asking the creditor to remove negative information from your credit files or show the debt as paid in full if you make the payments under a new agreement. The creditor might not agree, but it doesn't hurt to ask.
Creditors can report delinquencies to the credit reporting bureaus for up to seven years from the due date for the last scheduled payment before the delinquency occurred. This is according to the law (15 U.S.C. § 1681c).
If you're able to negotiate a settlement, you can ask the creditor to update your credit report to show the debt as paid in full. This can be a big help in improving your credit score.
An account sent to a collection agency can be reported for seven years and 180 days from the date of the delinquency that led the account to collections. This is another important thing to know when dealing with debt collectors.
Remember to keep all your personal finance records and documents related to the debt collection in case something comes up. This will help you track your progress and protect yourself in case of disputes or inaccuracies.
Draft a Plan
Document everything, including letters, emails, payment receipts, and agreements made with the collector. This record serves as proof of your efforts and protects you in case of disputes or inaccuracies.
Before calling the collection agency, create your own proposal for a repayment plan. This way, you can negotiate on your terms and potentially settle debt with a lump sum payment.
Consider your financial situation and determine how much you can afford to spend per month on the debt. You might need to make budget cuts to pay off your debt quickly and avoid excess interest and fees.
To set up a repayment plan, discuss the number of payments required with the collector. You can propose a payment schedule that aligns with your budget and avoids financial strain.
A clear payment plan reduces misunderstandings and ensures both parties follow the agreement accurately. Establish a written payment plan with the collector, outlining the payment schedule, amount due, and any other important details.
Here are the key factors to consider when drafting a repayment plan:
- Can you pay the debt in full, or do you need to set up a payment plan?
- How much can you afford to spend per month on the debt?
- Do you want to preserve your credit, or is it okay to take a hit on your credit score?
Plan Setup
To set up a payment plan with a collection agency, you need to have a clear understanding of your financial situation. Make sure you can pay the debt in full or create a plan that works for you.
Before setting up a payment plan, evaluate your financial situation to determine how much you can afford to spend per month on the debt. You might need to make budget cuts to pay off your debt quickly and avoid excess interest and fees.
A collection plan makes the most sense when juggling multiple debts or one larger debt, and you need a concrete plan to get debt-free. You can pay a lump sum amount to settle the debt and have the remaining balance forgiven.
To formalize the agreement, establish a written payment plan with the collection agency. Outline the payment schedule, the amount due, and any other important details.
Here are some key points to consider when setting up a payment plan:
- Can I pay this debt in full? If not, determine how much I can afford to spend per month.
- Do I want to preserve my credit? A payment plan may help reduce damage to your credit score.
To get started, gather all relevant information about the debt, including the amount owed, the creditor, and any associated fees or interest. This ensures that you only address financial obligations that belong to you.
Negotiating with the Original Creditor
Paying the original creditor can be a better option than a debt collector, as they have more flexibility in negotiating payment terms. You can ask the collection agency for the original creditor's phone number to negotiate directly.
The original creditor might be willing to accept a lump-sum payment or a monthly payment arrangement, depending on your circumstances. However, if the creditor sold the debt to a collection agency, you can't negotiate or pay the original creditor.
You can try to negotiate a payment plan with the original creditor, which might be more flexible than a debt collector. Creditors are typically less willing to accept a repayment plan over a lump-sum settlement, but it's worth asking.
Pay Original Creditor
Paying the original creditor can be a better option than dealing with a debt collector. 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. Because the creditor might see you as a former and possibly future customer, they might be more willing to offer you a deal.
You can't negotiate or pay the original creditor if the creditor sold the debt to a collection agency. In this case, paying the original creditor wouldn't satisfy the debt you now owe the collector.
If the debt was assigned to the collection agency, not sold to the collector, you can negotiate with the original creditor. Ask the collection agency for the phone number of the original creditor's collections department and call the creditor to ask if you can pay the debt with them.
Ideally, the creditor will immediately agree to accept payment from you and you'll work something out. Unfortunately, that doesn't always happen, and the creditor might agree to work with you only if you first deal with the collection agency, establish a repayment plan, and make two or three payments under the plan.
If you stick to the deal, the creditor might even eventually give you a new line of credit, helping you rebuild your credit.
Step 4: Call
You're ready to take control of your debt and negotiate with the original creditor. Call the original creditor's collections department to ask if you can pay the debt directly. You can obtain the phone number by asking the collection agency.
The creditor might agree to work with you immediately, or they might require you to establish a repayment plan and make a few payments before considering a new line of credit. Don't be discouraged if this is the case.
You can negotiate a payment plan that you can afford, and the creditor may accept it. Most debt collectors will agree to a payment plan that works for you.
Negotiating a Plan
Negotiating a plan with a collection agency can be a delicate process, but it's a crucial step in getting out of debt. You can't just stop making payments, but you also want to make sure you're not overpaying.
A good starting point is to determine how much you can afford to pay each month. Most debt collectors will accept a payment plan you can afford, so be honest about your financial situation.
You'll need to negotiate the number of payments required before debt settlement, which can be a complex process. Creditors are typically less willing to accept a repayment plan over a lump-sum settlement because they know you might default on payments again in the future.
Before setting up a collection agency payment plan, take some time to evaluate your financial situation. Ask yourself if you can pay the debt in full, and if not, how much you can afford to spend per month on this debt.
A payment plan makes the most sense when juggling multiple debts or one larger debt, and you need a concrete plan to get debt-free. You might need to make budget cuts to pay off your debt quickly and avoid excess interest and fees.
If you're not sure where to start, consider drafting your own repayment plan before calling the collection agency. This will give you a solid proposal to negotiate with the collector and increase your chances of a successful outcome.
Here are some key factors to consider when negotiating a payment plan:
- How much you can afford to pay each month
- The number of payments required before debt settlement
- Any potential interest rate increases or fees
- The impact on your credit score
Keep in mind that creditors may not always agree to your proposed payment plan, but it's worth a try. By being open and honest about your financial situation, you can work together to find a solution that works for both parties.
Sources
- https://www.investopedia.com/terms/c/collectionagency.asp
- https://www.bankrate.com/personal-finance/debt/how-to-pay-off-a-debt-in-collections/
- https://www.nolo.com/legal-encyclopedia/a-collection-agency-debt-can-i-negotiate-the-original-creditor.html
- https://www.rocketmoney.com/learn/debt-and-credit/how-to-pay-collections
- https://financebuzz.com/collection-agency-payment-plan
Featured Images: pexels.com