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Dealing with junk debt buyers can be a stressful and overwhelming experience. Junk debt buyers often use aggressive tactics to collect debts that may be outdated or invalid.
They may contact you repeatedly, sometimes multiple times a day, and may even show up at your workplace or home. According to the article, junk debt buyers can be held accountable for their actions.
If you're receiving calls from a junk debt buyer, it's essential to keep a record of the calls, including the date, time, and details of the conversation. This can help you build a case if you decide to dispute the debt.
You have the right to request proof of the debt, and junk debt buyers are required by law to provide this information to you.
How Junk Debt Buyers Operate
Junk debt buyers operate by purchasing defaulted debt from credit card companies and other collection agencies at a fraction of the debt's face value. They buy debt for pennies on the dollar, often in bulk sales.
For example, let's say you rack up a $5,000 credit card bill and stop making payments. The credit card company sells the debt to a junk debt buyer for a fraction of the original amount.
Junk debt buyers typically buy thousands of debts at deeply discounted prices and then try to collect from the debtors. They may use similar tactics as shady debt collectors, such as harassing phone calls and in-person visits.
Here's a breakdown of what happens when a credit card company sells a debt to a junk debt buyer:
- Debt is sold at a fraction of the original amount
- Junk debt buyer tries to collect from the debtor
- Debt buyer may use aggressive collection tactics
Junk debt buyers are not debt collectors, but they may hire debt collectors to work for them. They make money by acquiring debts cheaply and then trying to collect from the debtors, often collecting only a fraction of the amount owed.
How They Operate
Junk debt buyers operate in a multi-billion dollar industry in the U.S., buying bad debts at greatly reduced amounts.
They purchase delinquent or charged-off debt from lenders at a fraction of the debt's face value, then attempt to collect it. This is a common practice, with junk debt buyers buying debt for pennies on the dollar.
Debt buyers, including junk debt buyers, are considered debt collectors under the federal Fair Debt Collection Practices Act. This means they must follow the same rules and regulations as other debt collectors.
Junk debt buyers may use similar tactics as shady debt collectors, including harassing phone calls, in-person visits, and mountains of mail. They may also hire debt collectors to work for them.
If you've been contacted by a junk debt buyer, you may be able to prevent improper collection by providing correspondence, financial statements, and other pertinent information related to your past debts.
How They Make Money
Debt buyers typically buy thousands of debts in bulk sales from original creditors at deeply discounted prices.
They make money by acquiring debts cheaply and then trying to collect from the debtors.
Any recovery at all might represent a profit for the debt buyer, even if it's just a fraction of the amount owed on a debt.
Debt buyers can collect only a fraction of the amount owed, say two or three times what they paid for the debt, and still make a significant profit.
You often get the best settlement offer after a debt buyer has purchased your debt.
Shady Tactics Used
Junk debt buyers have a number of shady tactics up their sleeve to get debtors to pay. They may intentionally purchase debt that is "dead" - debt that was discharged in a Chapter 7 bankruptcy or that is past the statute of limitations.
California law prohibits creditors from attempting to collect any debt that is past the statute of limitations. This means that if a debt is over the limit, the collector can't try to collect it, but junk debt buyers will often try anyway.
Junk debt buyers might file a lawsuit on a debt that should fail in court, hoping that the debtor will either be intimidated into paying or ignore the summons. They can then move for default judgment, and the court might order that the debt buyer wins automatically.
Debtors should be aware that making a payment on a debt that is past the statute of limitations can restart the clock, allowing the collector to pursue collection actions.
Here are some examples of shady tactics used by junk debt buyers:
- Junk debt buyers may intentionally purchase debt that is "dead" - debt that was discharged in a Chapter 7 bankruptcy or that is past the statute of limitations.
- They may file a lawsuit on a debt that should fail in court, hoping that the debtor will either be intimidated into paying or ignore the summons.
- They may try to collect on debts that are past the statute of limitations, which is against the law.
Consumer Protections and Laws
Debt collectors are subject to both state and federal laws, including the Fair Debt Collection Practices Act, which protects debtors from harassment and lays out rules for communication.
If debt collectors violate these rules, debtors can sue them for damages. This law applies to consumer debts, not business debts.
The Fair Credit Reporting Act governs how credit bureaus use information about borrowers' debts in credit reports, giving individuals the right to dispute errors and obtain free copies of their credit reports at least once a year.
Debt buyers are considered debt collectors under the Fair Debt Collection Practices Act, along with debt collection agencies and companies, as well as lawyers engaged in debt collection.
To protect yourself, don't give junk debt collectors personal information, and don't agree to the debt's accuracy without validation.
Consumer Protections
Debt collectors are subject to both state and federal laws regarding the lengths they can go to try to collect on a debt. The Fair Debt Collection Practices Act is the principal federal law for consumer debts, laying out rules to protect debtors from harassment by debt collectors.
Debt collectors can't communicate with you in any way they want - there are guidelines for how, when, and by what means they're allowed to contact you. If debt collectors violate these rules, you can sue them for damages.
The Fair Credit Reporting Act governs how credit bureaus use information about your debts in credit reports and gives you the right to dispute any errors you find. You can obtain free copies of your credit reports at least once a year from AnnualCreditReport.com.
You don't have to give a junk debt collector any personal information, as this can be used against you. You also don't have to agree that a bill is yours or that an amount is correct. The collection agency can be made to validate the debt and its accuracy.
Can a Collector Charge Interest?
A debt collector can only charge interest on a debt if the original contract allows it. This means you're still responsible for paying the interest that's due under the terms of the contract.
Debt collectors cannot increase the interest rate or impose additional fees beyond what the contract allowed. This is a crucial protection for consumers to keep from being taken advantage of.
If you're being pursued by a debt collector, it's essential to review your original contract to understand the terms of your debt, including any interest rates or fees.
Dealing with Junk Debt Buyers
Dealing with junk debt buyers can be a stressful and overwhelming experience, but there are steps you can take to protect yourself. If the debt is recent and you have income or assets that can be taken to pay the debt, it's a good idea to consider dealing with the matter before the debt buyer sues you.
Debt buyers are considered debt collectors under the federal Fair Debt Collection Practices Act, which means they are subject to certain rules and regulations. You have the right to ask the debt buyer for additional information about the debt, and you can hire an attorney to help you navigate the process.
If the debt buyer continues to hound you for payment, an attorney can help you arrange a settlement, which may allow you to slash your delinquent debt by as much as 40-75%. However, be aware that you may have to pay taxes on the forgiven amount.
What Is a Collector?
A collector is a company or individual that tries to collect money from people who owe it. They can be a debt collection agency, a lawyer, or even a junk debt buyer.
Junk debt buyers are a specific type of collector that buys defaulted credit accounts from credit card companies or other collection agencies. They include car loans, student loans, and credit cards.
Debt buyers are considered collectors under the federal Fair Debt Collection Practices Act, which means they have to follow the same rules as other collectors.
Consequences of Unpaid Collections
If you don't pay a debt collector or collection agency, it can sue you. It can take that action anytime until the statute of limitations on the debt has run out and the debt has become "time-barred" under the laws of that state.
If you don't respond to the lawsuit, a judge may enter a default judgment against you. This means the debt buyer gets an automatic win, and they can then use various collection methods to collect from you.
Debt buyers rarely succeed in litigation against consumers who fight back. This is mainly because they often lack the necessary documentation to prove their case.
If you do respond to the lawsuit, the debt buyer will have to prove you owe money and that it owns the debt. You might want to try settling it before it goes to trial, as the debt buyer could be willing to settle for less than you owe to avoid the expense of a trial.
Some debt buyers may use various collection methods, like garnishing your wages or levying your bank account, to collect from you. These methods can have serious consequences for your finances and credit score.
Here are some possible consequences of unpaid collections:
It's essential to try to pay what you owe or negotiate a settlement to avoid further damage to your credit.
Dealing with a Lawsuit
If a debt buyer sues you, you should respond and include any defenses you have to the suit, like the debt was discharged in bankruptcy, or the statute of limitations has expired.
The debt buyer will have to prove you owe money and that it owns the debt. Debt buyers rarely succeed in litigation against consumers who fight back, mainly because they often lack the necessary documentation to prove their case.
If you don't file a timely response to the lawsuit with the court, a judge may enter a default judgment against you, giving the debt buyer an automatic win.
The debt buyer may then use various collection methods, like garnishing your wages or levying your bank account, to collect from you.
- Respond to the suit with any defenses you have, such as the debt was discharged in bankruptcy or the statute of limitations has expired.
- Debt buyers rarely succeed in litigation against consumers who fight back.
- Don't ignore the lawsuit, as it can lead to a default judgment and further collection efforts.
If you do respond to the suit, the debt buyer may be willing to settle for less than you owe to avoid the expense of a trial.
Frequently Asked Questions
Who are the biggest debt buyers?
Encore Capital Group and its subsidiaries are the largest debt buyers in the United States. They specialize in purchasing and collecting debt from various sources.
Is it illegal for a debt collector to buy my debt?
No, it's not illegal for a debt collector to buy your debt, as long as they have the proper contracts and transfers in place. However, there are important considerations to keep in mind when dealing with debt buyers and collectors.
Sources
- https://nahoumlaw.com/debt-buyers/
- https://www.investopedia.com/terms/d/debt-buyer.asp
- https://www.nolo.com/legal-encyclopedia/debt-buyers-and-how-to-negotiate-with-them.html
- https://www.roundsandsutter.com/what-you-should-know-about-junk-debt-buyers/
- https://www.mforbeslaw.com/debt-collection-abuse/junk-debt-buyers/
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