Collect Collection
To obtain payment of a debt through legal proceedings. See the FAQs on collections for more information.
Question: Can debt collectors collect a collection fee? I live in Colorado and have a cell phone that went to collections. I got a letter from a debt collector and they have a "collection fee" that is added to the total of the debt.
Are they allowed to collect the fee? I thought I read that they are only allowed to collect what you owed in the first place?
Answer: Debt collectors don't work for free. You are required to pay any collection expenses required. If they sue you, you also are required to pay their attorney's fees.
Question: Can a collection agency collect on a debt that is being paid through the original creditor? I am disputing the collection agency because they have the wrong amount since they are not deducting what I paid to the hospital (original creditor), but I am confused, did the hospital sell this debt because I am being harrassed by another agency entirely. My question is, is it legal for the collection agency to collect on a debt while the original creditor is accepting payment?
Answer: I think it is legal, but Collection Agencies have a policy that once a debt is turned over to them, the original creditor cannot collect on it (or it violates the agreement between them).
Most health care places hand their collection efforts off to agencies as a money saving measure. So, they probably did this.
Going forward, I would make payments to the agency, but send a letter to the hospital telling them you are doing this. In addition, DO NOT pay the agency what you have paid to the hospital. Tell them that you paid it to the hospital and that they need to contact the hospital to update the status of the account.
Question: What can collection agency do to you if they are trying to collect money from you? I wanted to know how the collection agency collect money from debtor and what can they do to you to collect the money. (how far they can go to collect that money from you).
Thank you!
Answer: They can call and harass you and if you still do not pay, they can take you to court and get a judgment.
At that point they can attach bank accounts, garnish your wages (if your State allows it) and file liens on any property you may own like cars, boats, land and homes.
All on top of ruining your credit.
Question: How does collection agent collect money? I'm going to hire a collection agent. But i don't know what are the processes they have in order to collect money. And are they really going to help me out?
Answer: They send out a collection letter and the person has 30 days to respond to it if they feel the collection is wrong. After that they keep calling the person. Don't expect to get much from them, they ususally want about 30-40% of what they collect and the last one I dealt with wouldn't even send me verification that they received new accounts. Due to the fact they weren't working on them. They could have at least said no, instead of lying about it. So needless to say, I have received NOTHING from the last batch I sent out. I have to find a new agency. Also, the lower the $amount to be collected and the older the account the less ambition they have to try and collect, cause as I said, they work on a percentage. At least the ones that you "pay" as stuff is collected. There are some agencies out there you pay per account whether they collect or not. I rather do the percentage, cause then they have to WORK for their money.
Question: Can a collection agency collect on a debt that has been vacated in court? If collection agency is trying to collect on a debt they bought from an original creditor and the OC had a default judgement that was vacated. Can the collection agency still try and get money for something you do no longer owe?
Answer: They can call forever but if the SOL ran out, they can not take you to court. If they have a toll free # just play their game and call them every 10 minutes stating you're waiting for a call back in regards to this problem.
Question: Can a collection agency collect something 8 years old? I got a call from a collection agency yesterday that they are collection a debt from 8 years ago. I know I have paid the debt at the time and it stayed on my credit report for 7 years. Now that it has left my credit they are trying to collect the same thing again. 8 years ago my dad paid the debt from his business account and he has sold the company years ago. I really wouldn't have a way of getting a canceled check to prove the payment.
What are my options? I know they can't sue me due to the statute of limitations? Can they report something this old to the credit report agencies?
Answer: Check your credit report and report it if it isn't removed.
Question: Can a collection agency collect illegal debt? Is there anything a collection agency can do to collect a debt for a gambling site that is illegally taking business from US citizens?
Answer: No. If the contract was truly illegal, then the courts won't enforce it. Can you imagine a crack dealer suing a crack head for not paying up? Don't let them report it to the credit bureaus either.
Question: Can a collection Agency collect for a business that is shutting down? We rented two movies from Blockbuster. Returned them to a different location one day late (as an employee said this was fine). The first store said they never received them but then found them in store when my husband went up there. Talked to the owner and he was a jerk. They sent it to collections on July 2nd and the store went out of business on July 6th.
Can they collect for a store that is shut down? It specifically says that this franchise (not a corporate store) was the one who filed the claim.
Answer: yes and they can follow you for years, if you do not have paperwork to prove you returned them. you can dispute it with corporate, but it most likely is a losing battle, i would try disputing it, if no luck, either pay for them and consider it lesson learned, or do not pay it but tell the collector on the phone you will not pay it and to stop calling, hopefully they will stop calling. tell the collector all further correspondence is to be done in writing and they are required by law to stop calling. doing this may hit your credit score, but that is your choice to make.
hope this helps
Question: Can a collection agency collect a debt that's over 10 years old? A collections agency sent me a letter in the mail regarding a cell phone bill from 1997. The bill was on my credit report, charged off, and was removed after 7 years. Can the collections agency still try to collect such a debt?
Answer: Only if you pay it. The statute of limitations has expired. Tell them to take a hike!
Question: Can collection agencies still collect on a debt the original creditor removed from my credit? I disputed an item on my credit and the ORIGINAL creditor agreed to remove the trade line from my credit report. Can the collection agency legally still try to collect even though the original creditor has already had the trade-line removed?
The collection agency said that the reason it got removed by the original creditor is because they sold the account to them, so whether or not they remove it doesn't matter to the collection agency.
Answer: You state that you disputed this account with the original creditor and they agreed to remove it so obviously the collection agency is not telling you the truth about why the account was removed.
As far as it being legal for them to try and collect, yes it's totally legal, they bought the account from the original creditor so you now owe them.
You must have had a very, very good reason in your dispute for the original creditor to remove the account from your credit report (this is rarely done) so I would think that you should be successful in disputing it with the collection agency.
And everything Cat-Dad said about the statutes of limitations is spot on.
Good luck.
Question: can I hire a debt collection agency to collect a small claims judgment? I have won my case in small claims court for 2500.00. Can I hire a collection agency to collect on it? Is it worthit to go about it this way? I know first hand that these companies can be a royal PAIN.How much do these companies charge?
I also won a judgement about 10 years ago,can I ollect the intrest on the 1500.00 owed? How is the intrest compounded?
Answer: A collection agency is not a good option for you. An agency will charge you a large portion of the amount it collects and because you won a judgment against the other party, your best bet is to use a city marshal.
Do you know where the person/company banks? If the person is an employee, you can have his or her wages garnished.
I won in NY small claims court about six years ago against someone who bounced a $2,000 check. Between interest and reimbursement for fees, I collected about $2,500 against the deadbeat. Every time he got paid, money would be withheld from his check and sent to me.
I never got any information from the marshal to help me figure out how the amounts were broken down between debt, interest, and fees so I don't know how the interest is compounded.
As to your older judgment, it may be too late to collect. Check with the small claims court to see what you should do. Also, you may be able to find a book that details your options. I used one that was for New York small claims court and it helped me figure out what to do. Oddly enough, the jerk who bounced the check to me used to be a friend of the lawyer who wrote the book and even wrote a review blurb that appears on the author's web site.
I hope this helps.
Gary
Question: How long can a collection agency try to collect on a debt? I owned a business (sole proprietorship) which was closed. All but one debt was paid off. The business has been closed for 12 years, and about 4 years after it closed, I got invoices for an unpaid phone bill. I still haven't paid it, and strangely it has not showing up on my credit report for any of the 3 bureaus. I have very good credit and this collection is just not on there. I heard that 7 years was the limit that an agency can collect on something. I have no intentions of paying it since its not on my reports, but I am tired of getting bills from this company, and have asked them to stop sending me bills, but they keep on coming anyway! Any ideas?? Thanks.
Answer: OK, how about a real answer without all the preaching ?
The statute of limitations for most states is 6 year. Each state is different so you will need to look yours up...but none of them are 12 years...you are safe.
The SOL is the legal timeframe a company has to sue you for a debt. If they don't do it, they forfeit the right to collect.
As for credit reporting, that time is 7 years, beginning from the date of the delinquency. Again, this will never appear on your credit report.
But here comes the sticky part.....
You say this is a business debt? The FDCA does not protect businesses from debt collections. They can continue tho send you letters or call you as much as they want. Just send them one more letter informing them that you know your rights, and all they are doing is wasting postage and killing a lot of trees....because they can not sue you for this debt.
Question: can two different collection agency's collect on the same credit card debt? I have an old credit card debt (2001) and two different collection agency's are trying to collect on it. One put a lien on my house and the other garnished my wages Do they both have the write to collect on the same debt?
Answer: NO
Only the current owner/assignee of the debt can collect on it.
One of them is in violation - big time.
If the collection agency, that sued you, sold the account to another collection agency, then the first collection agency has no further rights in trying to collect.
Order your credit reports to see if both are reporting.
Go to your county court clerk and request a complete copy of the case file.
You should send a debt validation letter to both collection agents to find out which one has the legal right to collect.
Send the letters certified mail return receipt.
I think your best route would be to take copies all of the info you have, reponses from the collectors to your DV, case file, credit reports, letters, etc., and speak with an attorney (that is well versed in consumer laws)
Many atty's will give a free first consult, be sure and ask about that when you call about an appointment.
Question: How can I find out if a collection agency is licensed to collect in Michigan? Michigan does require out of state collection agencies to be bonded and licensed to collect in Michigan but how can I find out if one is? The collection agency is not required to tell me. Is the only way to find out to just wait until Monday and call the State Attorney Generals office?
Answer: I would say if they are not telling you whether they are licensed in the state of Michigan tells you all you need to know. I wouldn't talk any further to them until confirming their status with your state. Simple enough!
Question: Can a collection agency collect on delinquent credit cards that have been removed from credit reports? I had a credit card that was delinquent and was from 2000 and has been removed from my credit report now a collection agency is calling me for payment is that legal?
Answer: Just because it aged off your credit file doesn't mean they can't try to collect it.
It is probably past the Statute of Limitations (SOL), the timeframe to bring lawsuit. Clock starts from the last activity or payment. Check your state: http://www.bcsalliance.com/statute_of_li…
If it is past the SOL, you can send the collection agency a certified, return receipt letter telling them to cease and desist all contact as the debt is beyond the SOL. They will probably sell the debt off to another collection agency.
Question: can a collection agency collect after the statutes of limitations has passed with the original creditor? I have a credit card that was charged off 7 yrs ago, and now I have a collection agency calling me up to 10 times a day, sometimes I answer and tell them the statutes of limitations has expired and to stop calling about this but the calls just keep coming in. What are my rights here? I feel really harassed.
Answer: Did you ever resume payments on this debt through another collection agency? If so, you might have re-set the statute of limitation.
If not, send the collection agency a "cease and desist". Inform that the statute of limitation has expired and that you know that you no longer have a legal obligation to pay the debt.
Question: How long do collection agencies keep trying to collect their money and especially if you are homeless? The reason I am asking is because I also have a personal injury case which might go to trial in a year or so. How long will the collection agencies keep checking to find me and see if I have any assets -- because I will have funds once I settle the claim against the people that caused the accident. I want to know if the collection agencies simply stop trying to collect at some point (even though they have all reported on my credit).
Answer: The only way a collection agency makes money is to recover money and take their portion so they will keep looking for the debts they have been assigned to!
Question: Can collection agencies try to collect a debt that is eight years old? I received a call from a collection agency trying to collect on a debt that is 8 years old, dating back to 1998. My state's Statute of Limitations for debt is seven years. Can they still collect on this even when the Statute is expired?
Answer: yuppers the collection agencies are crooked and it ill show up on your credit report as well. Get an eggplant, shark, pond scum sheister or what ever you decided to call an attorney and tell him/her/IT what is going on.
The only exception to this is bankruptcy if you filed they cannot touch you and that is a FEDERAL offense.
Question: What do you like to collect? How much is in your collection? I collect ceramic ducks and rubber ducks. I have 100 or more ducks in my collection. What do you guys like to collect? and how much is in your collection?
Answer: I enjoy coin collecting. My grandfather has always collected coins and I've recently gotten hooked. It doesn't have to cost a lot. I can go to the bank and pick of a box of coin (whichever denomination I'm in the mood for) for exactly face value. A box of pennies is $25, a box of nickels is $100, a box of dimes is $250 and boxes of half dollars or quarters are $500.
Once I get a box, I go through and pull out the better coins (there are books to help with this or websites). I keep all interesting coins and try to fill holes in my coin books.
The coins that I don't want/need can be returned to the bank and put straight back into my account (though it's often better to return the coins to a different bank (not just a different branch but a different bank) so that I don't end up searching the same boxes over and over). So most of my money goes back and I can then get another box.
Some things to search for: wheat pennies, silver dimes, silver quarters, old coins, error coins, coins with an "s" mint mark - they may be proof coins etc. There's always the chance of finding a real treasure!
Question: What collection of figurines to collect for baby? My sister is pregnant with a boy, and I would like to start her and the baby on a set of figurines. I know of Willow Tree (which I love, and collect with my own daughter) and precious moments, but are there other good collections that anyone can recommend for collecting as my nephew grows?
While I agree with the first answer regarding children & collectibles maybe I should have specified more...these are collectibles for my sister & HER journey of having a child and being a mother,etc.
Answer: Kids don't want things they can't play with and aren't supposed to even touch (or it will hurt the 'collector value'). Kids have to be converted to an adult mentality to become collectors for the sake of collecting, and for a baby, that's wrong, and a waste of money at the same time. 99% of modern collectibles are overpriced and not worth even a third of the original cost on the secondary market, yet the 'limited edition' hype is used to make them think that what they're buying will be worth money.
I'm not saying don't buy collectibles. Buy them if you enjoy them and couldn't care less about future value. But for a kid that isn't even born yet...let the kid live awhile and decide for himself what he likes and what he doesn't. Let him choose his own interests, and then nurture them.
In short, be patient. There's no rush.
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