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Reviewed By:
Ashley Davison
Ashley Davison
Editor
Ashley is currently the Chief Compliance Officer for Credit Saint, previously the Chief Operating Officer. Ashley got into the Financial world by working as a Logistics Coordinator at Ernst & Young. Coming from a previous career in education, she is eager to teach the world every...
If you’ve fallen behind on a bill, there’s a good chance you’ll hear from a debt collector. Debt collection usually starts after several missed payments and can move from a notice in the mail to credit reporting and, in some cases, a lawsuit.
This guide explains who debt collectors are, how the collection process works step by step, and what your rights are when you deal with them.
What are Debt Collectors?
Debt collectors are people or companies that collect unpaid debts for creditors. Those creditors can be credit card companies, medical offices, banks or anyone else you owe. When you fall behind on payments, a creditor may hire a collector, or sell the debt to one, to recover the money.
What does a Debt Collector do?
A debt collector’s main job is to contact you and collect the amount you owe. Collectors reach out by phone, letter, email or text. They may offer a payment plan, offer to settle for less, or give you information about the debt.
Debt collectors must follow the Fair Debt Collection Practices Act (FDCPA). This federal law bans abusive, unfair and deceptive collection practices.
Debt collection is a process that unfolds over several stages, and it’s important to know what to expect along the way. Here’s a breakdown of how debt collection typically works:
Delinquent Account: Your account becomes delinquent when you miss a payment on a debt, such as a credit card bill or a medical bill. Many creditors send an account to collections after several months of missed payments.
Assignment to a Debt Collector: If you continue to miss payments, your creditor may decide to assign or sell your debt to a debt collection agency. At this point, the agency takes over the responsibility of collecting the debt.
Initial Contact: You’ll receive a notice from the debt collector informing you of the debt and your right to dispute it. This notice is typically sent via mail and will provide information about the amount owed and the creditor. Read more about what to do if you didn’t receive a written notice.
Verification of Debt: If you dispute the debt in writing within 30 days of getting the notice, the collector must stop collecting until it mails you verification of the debt. You can also ask in writing, within the same 30 days, for the name and address of the original creditor.
Negotiation and Settlement: Debt collectors may be open to negotiating the terms of the debt, such as offering a lower settlement amount or setting up a payment plan. It’s essential to communicate with them to explore your options.
Reporting to Credit Bureaus: If the debt remains unpaid, it can negatively impact your credit report. A collector may report the debt to the credit bureaus, but federal rules say it must contact you about the debt first. A collection account on your credit report can lower your credit score.
Legal Action: In some cases, debt collectors may take legal action to recover the debt. This could result in a lawsuit and a court judgment against you, potentially leading to wage garnishment or liens on your property.
What Happens if You Never Pay Debt Collectors?
If you never pay a debt collector, the problem usually gets bigger. Your balance may keep growing with interest or fees, if your agreement or state law allows them. Your credit score is also likely to suffer, which can make it harder to get credit, take out a loan or rent a home.
Ignoring a debt can also lead to a lawsuit. If the creditor or collector wins a judgment, it may be able to garnish your wages or put a lien on your property. Responding early, and negotiating if you can, gives you more options.
What You Should Know When Dealing with Debt Collectors
Know Your Rights: As a consumer, you have rights under the Fair Debt Collection Practices Act (FDCPA). Debt collectors must follow specific rules and guidelines when attempting to collect a debt. Familiarize yourself with these rights to protect yourself from harassment or unfair practices.
Request Written Documentation: If you receive a call from a debt collector, ask for written documentation of the debt. This ensures you have a record of the details and can verify its accuracy.
Negotiate Wisely: If you’re unable to pay the full amount, don’t hesitate to negotiate with the debt collector. They may be willing to work with you to reach a mutually agreeable solution.
Keep Records: Maintain detailed records of all interactions with debt collectors, including dates, times, names of representatives, and the content of discussions. This can be valuable in case of disputes or legal issues.
Get the Right Help: If a collector sues you or threatens garnishment, consider talking with a consumer attorney or a local legal aid office. If a collection on your credit report looks wrong, you can dispute it with the credit bureaus yourself, or learn how credit repair companies handle disputes.
Bottom Line on How Debt Collection Works
Debt collection usually starts after several missed payments and can move from a written notice to credit reporting and, sometimes, a lawsuit. The FDCPA gives you rights at every step. Dispute anything that looks wrong in writing within 30 days of the collector’s notice, keep records, negotiate only what you can afford, and get legal advice if you’re sued.
Reviewed By:
Ashley Davison
Editor
Ashley is currently the Chief Compliance Officer for Credit Saint, previously the Chief Operating Officer. Ashley got into the Financial world by working as a Logistics Coordinator at Ernst & Young. Coming from a previous career in education, she is eager to teach the world everything she knows and learn everything that she doesn’t! Ashley is a FICO® certified professional, a Board Certified Credit Consultant, a Certified Credit Score Consultant with the Credit Consultants Association of America, UDAAP certified, and holds a Fair Credit Reporting Act (FCRA) Compliance Certificate.
