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Question About Collections Reporting

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Repairman
Established Contributor

Question About Collections Reporting

I have an outstanding medical debt that I want to settle. I have made a few attempts to settle it, however have been getting the run around. I called the OC and was given a number to a CA. Kept getting bounced around by the CA and was eventually given another number which I later discovered was a law firm. The debt has not yet shown on my CRs, despite it being handled by a lawyer now.

 

My question is, do they have to inform me by mail that they are going to report it to the credit bureaus, before doing so? I did get a reques from payment from a CA quite some time ago, but have since received no communication from them or any from this law firm. DOes the lawyer or anyone else, still have to inform me that they will report it, before they do? 

 

I'm asking because I don't want to pay and have the payment cross with a surprise hit to my CRs.

Message 1 of 4
3 REPLIES 3
RobertEG
Legendary Contributor

Re: Question About Collections Reporting

No, there is no requirment that a consumer be contacted prior to a debt collector reporting their collection to a CRA.

 

The only statutory contact requirment under the FDCPA is that a debt collector must send a dunning notice within 5 days after an initial communication wih the consumer.

Thus, if they sent a prior request for payment, that triggered their requiremnt to have either provided dunning notice in that communication, or separately send dunning notice within 6 days after that communication.

 

The usual process is to first make them a pay for not reporting offer, which if accepted, will become a contract agreement once you pay.

Message 2 of 4
Repairman
Established Contributor

Re: Question About Collections Reporting


@RobertEG wrote:

No, there is no requirment that a consumer be contacted prior to a debt collector reporting their collection to a CRA.

 

The only statutory contact requirment under the FDCPA is that a debt collector must send a dunning notice within 5 days after an initial communication wih the consumer.

Thus, if they sent a prior request for payment, that triggered their requiremnt to have either provided dunning notice in that communication, or separately send dunning notice within 6 days after that communication.

 

The usual process is to first make them a pay for not reporting offer, which if accepted, will become a contract agreement once you pay.


I guess what I really want to know is, if a collection has not appeared on your credit report, and you call the agency/lawyer, etc., and volunteer to settle the debt, can a collections agency then go, after you paid it, after the fact, and THEN report the debt to your credit report with a note "Paid Collection."

Message 3 of 4
Anonymous
Not applicable

Re: Question About Collections Reporting

good luck! why dont youyr try disputing it first before paying! 

Message 4 of 4
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