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Bill collectors and debt collection can be overwhelming, but understanding the basics can help you navigate the process.
Bill collectors are hired by creditors to collect debts from individuals who have failed to pay their bills on time. They can be hired by banks, credit card companies, or other financial institutions.
Their primary goal is to recover the debt by negotiating with the debtor to make payments or settle the debt for a lower amount. Bill collectors often work under pressure to meet their targets and may use various tactics to convince debtors to pay up.
Debt collection is a multi-billion dollar industry, with many bill collectors working on a commission-only basis.
What is a Bill Collector
A bill collector is a professional who works for a debt collection agency to collect debts on behalf of creditors. They're often the ones who contact you to pay off a debt you owe.
You may receive a debt validation letter from a bill collector, which is a crucial step in the process. This letter confirms if the debt is yours and outlines how much is owed, the type of debt, and other important details.
A debt collector is required by law to send you this letter before you pay anything. You have 30 days to dispute any errors in the letter.
If you're contacted by a bill collector, it's essential to review the CFPB's debt collection help resource for guidance. This resource provides plenty of information to help you navigate the collection process.
You can expect to have two repayment options when paying your debt: paying off your balance in a lump sum or with a repayment plan. The best option for you will depend on your budget and how much you owe.
Here are the three practical steps to take when a bill collector contacts you:
- Confirm that the debt is yours by reviewing the debt validation letter.
- Explore your payment options, including lump sum payments or repayment plans.
- Begin making payments, but first, contact your debt collector for a written agreement.
How Collections Affect You
Collections can stay on your credit report for up to seven years from the first delinquent date.
Missing payments can result in a drop in your credit score, with each missed payment potentially lowering it further.
An unpaid debt in collections can majorly impact your credit score, with a late payment or collections entry on your credit report lowering it by as much as 110 points.
However, medical collection debt that has been paid off will no longer appear on your credit report.
The credit bureaus recently announced changes to medical debt reporting procedures, increasing the timeline for adding unpaid medical collection debt from six months to one year.
Medical collection debt of $500 or less will no longer appear on credit reports.
Each negative entry on your credit report can remain there for up to seven years, even after the debt has been paid.
A debt settlement entry can lower your credit score by as much as 125 points, while a bankruptcy could lower it up to 240 points.
Collections can be transferred to a debt collector or sold to a debt buyer, resulting in an entry on your credit report each time.
Handling Situations
If a debt collector contacts you, it's essential to get some initial information from them, including their name, address, and phone number, as well as the total amount of the debt they claim you owe.
You have the right to dispute the debt, and the debt collector must inform you of this right, including how to do so, within five days of their initial contact with you.
A debt collector cannot make repeated calls to a debtor intending to annoy them, so if you're getting calls, it's okay to ask them to stop.
If you don't dispute the debt within 30 days of their first contact with you, they'll assume the debt is valid, but if you do dispute it, they must cease collection efforts until they provide you with proof that the debt is yours.
You have the right to request the name and address of the original creditor if you dispute the debt, and they must provide it to you within 30 days.
Alternatives and Regulations
Alternatives to debt collection agencies are available, and you may want to consider them when dealing with your debt.
Debt collection agencies are bound by the Fair Debt Collection Practices Act (FDCPA), which outlines specific rules they must follow. A debt collector may not proceed to collect an old debt that has been charged off as "uncollectible" or legally seize assets from a debtor unless they've won a lawsuit.
Some debt collectors may contact you more than seven times during a seven-day period, but this is against the law. They may also call you between 8 a.m. and 9 p.m. only.
Here are some key rules that debt collectors must follow:
- They may not proceed to collect an old debt that has been charged off as "uncollectible"
- They may not legally seize assets from a debtor unless they've won a lawsuit
- They may not contact an individual at work if they've explicitly stated that their employer doesn't approve of such calls
- They may not contact you more than seven times during a seven-day period
Alternatives and Regulations
You have options when it comes to dealing with your debt. Here are a few you may want to consider.
If you're struggling to pay your debt, you're not alone. Many people face this challenge, and there are alternatives to debt collection agencies.
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According to the Federal Trade Commission, the Fair Debt Collection Practices Act is in place to protect consumers. This law regulates how debt collectors can communicate with you.
Debt collection agencies can be aggressive, but you have the right to dispute any debt. The Consumer Financial Protection Bureau notes that understanding how the CFPB's debt collection rule impacts you is crucial in this situation.
If you're unsure about how to handle your debt, it's a good idea to seek professional help. The Federal Trade Commission provides a list of FAQs on debt collection that can be a valuable resource.
Here are some key resources 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."
Agency Regulations
Debt collectors are bound by the Fair Debt Collection Practices Act (FDCPA), which outlines what they can and can't do.
A debt collector may not proceed to collect an old debt that has been charged off as "uncollectible." This means if a debt has been written off by the creditor, the collector can't try to collect it.
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Debt collectors are also not allowed to legally seize assets from a debtor unless they've won a lawsuit.
Physical harm or threats to extract a payment are strictly off-limits for debt collectors.
Debt collectors must respect an individual's workplace by not contacting them if they've explicitly stated their employer doesn't approve of such calls.
Debt collectors can't contact an individual more than seven times during a seven-day period.
Debt collectors can attempt to collect a debt if the statute of limitations has run out in a state that allows this practice. However, this can vary depending on the state.
Debt collectors are allowed to call individuals between 8 a.m. and 9 p.m. only.
Agency Operations
Creditors typically hire a collection agency after a borrower is 60-90 days or more past due with a debt.
Collection agencies will report delinquencies to the three major credit bureaus: Equifax, Experian, and TransUnion.
Reputable collection agencies follow the Fair Debt Collection Practices Act when contacting borrowers and trying to collect debt.
Collection agencies may become the new creditor if the original creditor sells the debt, often for less than the original amount.
Differences
A debt collector is hired by the creditor to collect a current debt, whereas a debt buyer purchases old debts that have been charged off by creditors.
Debt buyers often pay very little for these debts, sometimes just a few cents of what was originally owed.
The debt buyer buys only an electronic file of information, not the actual debt itself, and may not have supporting evidence of the debt.
Debt buyers typically target very old debt, sometimes referred to as "zombie debt", because the original statute of limitations for collections has passed.
The main difference between a debt collector and a debt buyer is the stage the debt is with the creditor, with debt buyers focusing on debts that have been written off.
Key Information
Collection agencies play a crucial role in helping lenders recover funds that are past due or from accounts that are in default. They work closely with lenders to try to retrieve delinquent funds.
Here are the key regulations that govern collection agencies:
- Collection agencies are regulated by the Fair Debt Collection Practices Act (FDCPA).
- They are bound by rules about what they can and cannot do to collect funds.
Frequently Asked Questions
What happens if you ignore bill collectors?
Ignoring bill collectors may lead to further collection methods, including a lawsuit. Consider seeking professional advice from an attorney if you're unable to resolve the debt.
How do bill collectors make money?
Bill collectors make money by buying debt from lenders at a fraction of the original amount owed and then trying to collect the full amount from the borrower. This business model is often referred to as debt buying, where they profit from the difference between the purchase price and the amount collected.
Sources
- https://dfpi.ca.gov/regulated-industries/debt-collection-licensee/
- https://consumer.georgia.gov/debt-collectors-what-they-can-and-cannot-do
- https://www.bankrate.com/personal-finance/debt/what-is-debt-collection/
- https://www.sofi.com/learn/content/how-debt-collection-agencies-work/
- https://www.investopedia.com/terms/c/collectionagency.asp
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