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Pay off Collection?

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Neblett
Regular Contributor

Re: Pay off Collection?

Sorry about the pissy attitude of my last post, but I am just not in a financial situation to play power games with my credit, and anything I can legitimately do to help my situation in the long run, especially if it proves good faith or intent on my part to get back to financial solvency, I want to do.
 
And I want the collection calls to stop.  I hate those people, and they have been trained to get really personal and nasty in their questions.  When I expressed intent to pay to one, but couldn't make a payment right then on the phone, he started deriding me and accusing me of being a horrible person.
 
Again, apologies, but with I hope some sense of explanation of my mood.
Message 21 of 58
Anonymous
Not applicable

Re: Pay off Collection?

To get colletion calls to stop:
 
Write them a "cease and desist" letter.  There's a form on the Bud Hibbs site, or you can write your own.  Tell them to stop calling you or you will report them to the Federal Trade Commission, the State Attorney General's office, the BBB, and their mother.  Once they receive it, they are allowed only to write you once more, telling you that they won't be contacting you any more.  If they call again, they are violating the law. 
 

When they stop calling, it doesn't mean you don't still owe the debt (if you actually do owe it).  They can still pursue their remedies (like sueing you).
Message 22 of 58
Anonymous
Not applicable

Re: Pay off Collection?



@Anonymous wrote:
No I am not in shill with the CA, I'm just somebody who has had and still have accounts in Collections.
Now you can listen to some of the poster's who are on a crusade to "stick it to man" and not pay old debts. That is a very very slippery slope.
Now, Originial Poster, if you are disputing the debt because you feel it's not yours then YES dispute it and fight it to the very end. Now if you are disputing it because you are trying to delay, then that is all that is going to do is delay. Nothing more or less, the debt is still going to be there.
The Reality is this, you can do as some of the other "System crusaders" advise and not pay the debt, then you have basically one option, try to wait out the Statute of Limitations of that debt. That would depend on your state's SOL, you would have to look that up. The SOL clock starts ticking on the date of last activity. Now if you choose that route you must beware, that depending on the size of the debt, especially if it is over a thousand, you are running the risk of the CA's taking you to court and try to get a judgment on you before the SOL run's out. If this is a valid debt against you , you are looking at a rough road ahead, if awarded the Judgment as I stated before, the Judgment will
1. go on your credit report (if you feel this collection isn't really hurting your score wait until a judgment is on there and then watch it go WAY down the tubes)
2. They can go after all your assets until the judgment is sastified meaning your bank account, stocks, wage garnishment etc. Then the ALMIGHTy FICO score is the least of your worries.
The reality is this, its sound like you do owe the debt and do want to pay, you should if you have the means to pay it full. As some have offered you can try to get "Pay for Delete" but this is very very hard to get and most of the Major CA's wont do it because techincally it is illegal that they have contracts with CRA to report accurate information. You can try, some have been succesful but it's not an easy fight. And if you are finding you aren't getting anywhere just bite the bullet and pay the debt off.
Also as I posted when going to try to get a mortgage, car loan and a personal loan, they look beyond your FICO. The unpaid collection account is going to haunt you. How do I know? I can't even get a secured credit card from Bank of America because of that.
People on this board worry soley on just The FICO score and forget to focus on what actually on your report. If you have the means do Pay it in full. No matter what any "System Crusader" may tell you,, Paid always looks better than "Settled". Lenders will look at a settled ( paid for less than what is owed) as a red flag meaning " if this happended to them , this could happen to us" Also you could have to pay taxes on a settled as "income earned" Oh YES that is true.
Now in terms of your FICO SCORE it is true that the longer the unpaid collection is on your report the less effect it has on your overall score. And Yes it's true that even if you PAY the collection off, you may not have a change in your score, And yes it's true that is will stay on your credit report for 7 years from date of last activity whether it's paid or not.
It is also TRUE than lenders who will be looking at your total Credit Report, not just your score, will view your paid collection in a MUCH MUCH MUCH more favorable light than unpaid.
Try telling your Mortgage lender that " Oh yeah I do have an unpaid collection, but I'm not going to pay it because I want to stick it to the man and ride out the SOL's on the debt" And see where that will get you.





I think the truth is somewhere in the middle here.

The fact is that most collections will not result in a lawsuit. It's not usually worth the agency's time and trouble to file a lawsuit. I've had about eleven collections in my life, and exactly zero lawsuits. Not going to say it can't happen or never happens, but a lawsuit is the exception and not the rule. They may THREATEN to take you to court, but the odds of this actually happening are slim. Greater than zero, mind you, but slim.

The OP does need to find out when the SOL expires, just to be sure.

As far as paying off the debt, that really depends. I will say it's easier said than done, for several reasons. First of all, most people don't have money to just pull out of their rear ends and pay in full. Second, who do you pay? I just got a collection added to my CR (even though it's been two years since I was behind on anything, except a cell phone bill that I caught just a week too late--it's now a "paid charge-off") that says only "NCO FINANCIAL/22." That's it. No balance. No original creditor. No DOFD. No contact number. No account number. No nothing. I'm disputing it because I don't even know if it's mine. Could be, might not be. How can I know? And who do I make the check out to? Do I just leave the amount blank?

Call me a "system crusader" if you wish, but I think the system stinks. These credit agencies need to start some quality control on account listings, for starters. They have the option of not accepting any listing that is incomplete. EX, TU and EQ could say tomorrow, "We will not list any account that does not specify an account number, an original creditor, a date of first delinquency, a status date, current status, and full contact information for the creditor." The government already does this--try registering a car with no make, model number, year, or mileage (with ANY of those details missing) and see how far you get.
Message 23 of 58
Anonymous
Not applicable

Re: Pay off Collection?

Neblett,

 

A C&D letter will get the calls and letters to stop, but it won't get the adverse TLs off your CRs. Also, if you're not out from under the SOL, a C&D letter will essentially force them to decide either this debt isn't worth suing over, or it is. Could bring a lawsuit.

 

What state are you in? If it's a "one party state" for the recording of telephone calls, and you're getting harassing and threatening calls from CAs, then my advice is for you to pick up a telephone recording device and tape the CA calls. Check Radio Shack. They're about $60.
http://www.rcfp.org/taping/states.html

 

How frequently are they calling, and are they regularly abusive? If so, then a recorder can collect a number of FDCPA violations with ease. Not only can you leverage a PFD, but you might well be the one getting paid.

Message 24 of 58
Anonymous
Not applicable

Re: Pay off Collection?

Boswd,
 
I too have had and still have accounts in collections. I know all too painfully well that doing the right thing and simply paying a collection does NOTHING to help your credit score. You get a paid collection for your troubles.
 
SOL will depend upon the state in question. In most states it's DOLA, but in some it's DOFD. All depends.
 
You really don't know of what you speak when you say settled is worse than paid. An account that was settled for less than the full amount is far less damaging than a paid collection. Getting a paid collection off one's report is danged tough. Getting rid of a settled account is quite a bit easier. I goodwilled one off my reports. If that had not worked, then I would have had the leverage of getting a PFD for some or all of the settled amount.
 
On lawsuits, getting a judgement doesn't mean they get 100% of your paycheck. Most states protect 75% or more of your paycheck from a judgement. And, if the matter gets to the point of the CA sending a lawyer after you, you can still negotiate it and settle it.
 
The lawyers seem easier to deal with than the CAs. Without really knowing what I was doing, I easily negotiated a payment settlement with an attorney for an OC who was threatening suit. Knowing what I know now, I could easily have negotiated a PFD and for less than the full amount, which is what I offered. Oh, and that's the same terms I offered the OC 5 years ago, so spare me your sanctimonious BS lecture series.
 
I'm not an expert on the subject, but I know where to find folks who are. 401Ks and IRAs are usually protected. Depends on the state.
 
Dude, if you have stocks and bonds and a fat bank account you're worried about getting garnished, then you can handily settle up debts with OCs.
 
You're really giving yourself away as a CA shill by talking about the "accurate information" nonsense. Accurate reporting has nothing to do with contracts been CAs and OCs. It has everything to do with FDCPA and FCRA. Accurate reporting in no way means that every debt on which you've defaulted is reported to the credit bureaus. Otherwise it would be illegal for OCs and CAs to report only to one CRA and not the others.
 
OCs and CAs are flat out lying when they claim they cannot legally remove accurate information from reports because of a negotiation for payment. It happens all the time. And, if you'd actually read any of the FDCPA or the FCRA, you'd know that the onus is on the provider to ensure that which they report is accurate. There's no legal requirement regarding the removal of information other than inquiries.
Message 25 of 58
Anonymous
Not applicable

Re: Pay off Collection?

TNWM,

 

From one crusader to another ...

Message 26 of 58
Anonymous
Not applicable

Re: Pay off Collection?

We can go back and forth all day on the topic of "Settled for less" or "Paid".   I agree with you in the fact when it comes to your FICO score it has little or no effect on your credit score when you pay a collections off in Full or Settled for less.  That is true.
 
But you have to take in account is,  what do potential future lenders think of Paid  V. Settled?   Isn't that whole reason why you want a better score?  to be able to obtain some form of line of credit in the future?     In the future when you are going to get a mortgage, personal loan etc.  that is what these lenders look at when determining whether or not they are going to approve your loan or not.   Yes it doesn't matter to FICO whether it's paid or settled but it may and probably does matter to the lender.   FICO isn't giving you that loan or mortgage, the banks are.
AS I said before you don't have to take my word or anyone else's  just go ask your bank.
 
And again no I'm not in shill with the CA's LOL  LOL   TRUST ME on that.   But I am one who has dealt with them the better part of the past six years of my life dealing with my collections account.   And for you to tell the OP to  basically " Don't pay it unless they give you a Pay For Delete" and if they don't , tell them to go pound sand, is horrible horrible advice.    If the debt is valid, it's not going anywhere, and if the OP has the money to either get it Paid in Full or set up payment plan, that is the best the OP should do.
 
Whether or not the CA will sue, depends on alot of factors, length of debt,amount of the debt,  communication with the debtor etc.  I've done my research on this.   And with the new changes in the BK laws these  CA agency's have more freedom to collect on old debts without the fear of people just filing for BK.     Is that a chance you want to take, especially if you do have the means to pay the debt off?   Seriously, just to "Stick it to the Man"? on principle?   That is bad advice.  I'm sorry.  
Message 27 of 58
Anonymous
Not applicable

Re: Pay off Collection?

I mean God, if you have the money to pay off your debt in Full,   just do it and get that out of your life,   Getting yourself out of debt should be priority number 1 then go back and look for ways to raise your score.   
Message 28 of 58
Anonymous
Not applicable

Re: Pay off Collection?

I'm not taking sides on this one, but it seems to me ...
 
... people sometimes extrapolate from their own experiences and insist that what happened to them (good or bad) will happen to someone else.  None of us are in identical situations.  We have different state laws, ages and types of debts, creditors, ability to negotiate, knowledge of the law, command of the English language, and plain dumb luck.
 
So please be careful about speaking in absolutes when making suggestions here.
Message 29 of 58
Anonymous
Not applicable

Re: Pay off Collection?

Boswd,
 
For someone who's labeling others as crusaders while engaging in hyperbole, you seem to believe you're the Alpha and Omega on the issues.
 
You should try to raise the logic of your arguments rather than the volume.
Message 30 of 58
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