Why do companies sell debt?
Creditors may choose to sell a debt — often for far less than it is worth — because they do not believe you will pay what you owe. Selling the debt can help them recoup at least some of their investment.
Why do creditors sell debts? A creditors' business model is to lend money and collect it. Chasing debts, arrears, and people is not their business. It is easier for them to give this work to debt collection agencies or sell the debt to a third party debt purchaser.
Unpaid debt doesn't go away. Until the debt is either paid or forgiven, you still owe the money. This is true even if it's a credit card debt that is sold to a collection agency and even if you think it's unfair.
Collections & Recovery
One obvious, easy way to liquidate your charged-off portfolio is to sell it to a debt buyer. The benefits are clear. There is no ramp-up needed if you experience a major increase in charged-off accounts, and a buyer can take a bulk of inventory at once.
A debt buyer purchases delinquent debt from the original creditor and then attempts to collect it from the person who owes it. Because the original creditor may have given up on ever getting the money it is owed, it may be willing to sell the debt for pennies on the dollar.
If you don't pay, the collection agency can sue you to try to collect the debt. If successful, the court may grant them the authority to garnish your wages or bank account or place a lien on your property. You can defend yourself in a debt collection lawsuit or file bankruptcy to stop collection actions.
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.
The debt will likely fall off of your credit report after seven years. In some states, the statute of limitations could last longer, so make a note of the start date as soon as you can.
They gave you the money, and you should pay. The same is true even if the debt is sold and belongs to someone else. However, you have every right to dispute the debt if details are lost during the transition from the original creditor to the debt collection agency.
If you continue to ignore communicating with the debt collector, they will likely file a collections lawsuit against you in court. If you are served with a lawsuit and ignore this court filing, the debt collection company will be able to get a default judgment against you.
What happens when a company sells your debt?
The creditor will sell your debt to a collection agency for less than face value, and the collection agency will then try to collect the full debt from you. If you owe a debt, act quickly — preferably before it's sent to a collection agency.
Typically, a collection agency pays far less to acquire a debt than its actual value. In most instances, the agency may pay as little as $0.04 for every $1 in consumer debt. In other words, debt buyers only pay 4% of the original debt value on average, then they collect on the full amount.
There is no minimum length of time or number of missed payments required for your debt to be sold to another company and a third party can get involved as soon as you default on your payments. This applies to most types of consumer debt, including: Personal loans. Payday loans.
Sometimes a debtor owes money to several creditors, or more than one debt to a single creditor. Debts can also be resold multiple times, so the name of the creditor might change even though it's the same debt. You should demand that the collector be very clear about where the debt originated and how much is still owed.
Debt buyers make money by acquiring debts cheaply and then trying to collect from the debtors. Even if the debt buyer collects only a fraction of the amount owed on a debt it buys—say, two or three times what it paid for the debt—it still makes a significant profit.
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.
By paying the collection agency directly, the notification of the debt could stay on your credit report longer than if you attempt to use another option, like filing for bankruptcy. When institutions check your credit report and see this information on it, it may harm your ability to obtain loans.
Paying off a debt that has already been sent to a collection agency will help improve your credit score. However, payment at this point will not typically remove collections action from your credit profile. Instead, it'll typically remain there for the standard period of seven years starting from the date it was filed.
Even if you owe money, debt collectors aren't allowed to threaten, harass, or publicly shame you. You have the right to order a debt collector to stop contacting you, and they must comply. If there's a mistake, and you really don't owe the debt, you can take steps to remedy the error.
Don't provide personal or sensitive financial information
Never give out or confirm personal or sensitive financial information – such as your bank account, credit card, or full Social Security number – unless you know the company or person you are talking with is a real debt collector.
How do you outsmart a debt collector?
- Keep a record of all communication with debt collectors.
- Send a Debt Validation Letter and force them to verify your debt.
- Write a cease and desist letter.
- Explain the debt is not legitimate.
- Review your credit reports.
- Explain that you cannot afford to pay.
State | Written | Oral |
---|---|---|
Alaska | 6 years | 6 |
Arizona | 5 years | 3 |
Arkansas | 6 years | 3 |
California | 4 years | 2 |
While an account in collection can have a significant negative impact on your credit, it won't stay on your credit reports forever. Accounts in collection generally remain on your credit reports for seven years, plus 180 days from whenever the account first became past due.
If the debt is not collected, then the debt collector does not make money. In many cases, although you would think that debt collectors would eventually give up, they are known to be relentless. Debt collectors will push you until they get paid, and use sneaky tactics as well.
Specifically, section 609 of the FCRA gives you the authority to request detailed information about items on your credit report. If the credit reporting agencies can't substantiate a claim on your credit report, they must remove it or correct it.
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