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Need advice!

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Anonymous
Not applicable

Need advice!

I just started the whole process of pulling my reports, listing my debts and setting up a game plan to start paying off collections. I received a call today from an agency on behalf of a dentist office that sent my balance to collections. My concern is, I can't find them on my reports anywhere. I realize it may have posted after I pulled them but I am wondering if it is possible for it not even to be listed? Also, I told him I am in the process of putting a settlement letter together but I really don't know what I am doing! I told him I would call him tomorrow with the offer. The total balance is 1156.00 and it is from 2008. This is a debt that I am very aware of and do not dispute at all.

Message 1 of 6
5 REPLIES 5
RobertEG
Legendary Contributor

Re: Need advice!

Yes, it is very possible.  A CA never has to report to a CRA.  That is their option.  Most will report because it is one of their most powerful debt collection tools.

If the debt is legit, and you have the resources to pay it, then ask for their prior agreement that, if payment is received within xx days, they wont report it to a CRA.

That is very similar to a PFD offer.  If they accept, you might avoid any reporting of the collection to the CRAs.

Message 2 of 6
Anonymous
Not applicable

Re: Need advice!

Thank you! I appreciate the advice!! Someone told me today to request PFD's on old collections only and to let the new ones get old before requesting a PFD?? I am not sure if I agree with this. She said CA are more willing to settle on old debts rather than new ones. Any thoughts?

Thanks again...

Message 3 of 6
RobertEG
Legendary Contributor

Re: Need advice!

Interesting question.

You ask,

 

Someone told me today to request PFD's on old collections only and to let the new ones get old before requesting a PFD?? I am not sure if I agree with this. She said CA are more willing to settle on old debts rather than new ones. Any thoughts?

 

In my opinion, I dont agree. That advise ignores legal implications.

It is not all about just credit reporting, and waiting for things to "drop" from your credit report.

it is also about their legal ability, at any time, to bring legal action against you to seek a court judgment for payment of the debt.

 

Let me take two examples.  One, a fairly recent CA, and the other, and older CA.

To make any assessment of the threat of the two CAs, you must first determine your legal ability to contest any action they might bring.

That requires prior knowledge of your state statute of limitations on your ability to make an SOL defense should they intitiate legal action.

To PFD an older CA is to tell them that you are not yet willing to just pay.  So if your SOL has not expired, that may prompt them to bring legal action against you,thus avoiding any SOL defense you could offer.  Then you are in court.  You simply dont know what the CA will do. Know your SOL before you take this course.

You may just be awakening the giant.

Sure, older CAs may be more receptive to settling, but may be more receptive to legal action.  You just dont know........

To PFD a younger CA has less liklihood of spooking them into immediaite legal action, but until you know your SOL, I would not take the advice of older vs younger PFDs to a CA as the best course of action.

 

 

 

Message 4 of 6
Anonymous
Not applicable

Re: Need advice!


@Anonymous wrote:

Thank you! I appreciate the advice!! Someone told me today to request PFD's on old collections only and to let the new ones get old before requesting a PFD?? I am not sure if I agree with this. She said CA are more willing to settle on old debts rather than new ones. Any thoughts?

Thanks again...


An ounce of prevention is worth a pound of cure.

 

It would be far better to prevent that CA from posting a negative to your credit report than run the risk that they will post and then refuse to remove it even on a PFD.

Message 5 of 6
Anonymous
Not applicable

Re: Need advice!

I agree. Thank you Smiley Happy
Message 6 of 6
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