The Truth: Should You Never Pay a Debt Collection Agency? (2024)

Table of Contents
Settle with SoloSettle Debt collection agencies buy your debt from lenders Old debts can cause problems whether you pay or not How to decide if you should pay a debt collection agency Should you pay collections? Consider these factors and situations first It may be a good idea to avoid paying a collection agency if: You may want to pay a collection agency if: If a debt is sold to another company, do I have to pay? You can reach a settlement instead of paying the debt in full Decide what to do next Use SoloSuit to respond to a debt collection lawsuit Do you have to pay a debt collector? What is SoloSuit? What if the collection agency sues me? How does collection affect my credit score? What is SoloSuit? How to Answer a Summons for debt collection in all 50 states Guides on how to resolve debt with every debt collector Resolve your debt with your creditor Settle your medical debt Guides on arbitration Stop calls from debt collectors Federal debt collection laws can protect you Get debt relief in your state Debt collection laws in all 50 states Statute of limitations on debt state guides Check the status of your court case How to stop wage garnishment in your state Other wage garnishment resources How to settle a debt in your state How to settle with every debt collector Other debt settlement resources Personal loan and debt relief reviews How to repair and improve your credit score How to resolve student loan debt Civil law legal definitions Get answers to these FAQs on debt collection How-to debt guides Learn more with these additional debt resources FAQs

George Simons | January 16, 2024

The Truth: Should You Never Pay a Debt Collection Agency? (1)

Co-Founder of SoloSuit
George Simons, JD/MBA

George Simons is the co-founder and CEO of SoloSuit. He has helped Americans protect over $1 billion from predatory debt lawsuits. George graduated from BYU Law school in 2020 with a JD-MBA. In his spare time, George likes to cook, because he likes to eat.

Edited by Hannah Locklear

The Truth: Should You Never Pay a Debt Collection Agency? (2)

Editor at SoloSuit
Hannah Locklear, BA

Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.

Fact-checked by Patrick Austin, J.D.

The Truth: Should You Never Pay a Debt Collection Agency? (3)

Attorney from George Mason
Patrick Austin, JD

Patrick Austin is a licensed attorney with a background in data privacy and information security law. Patrick received his law degree at George Mason University's Antonin Scalia Law School, where he served as the Editor-in-Chief for the National Security Law Journal.

The Truth: Should You Never Pay a Debt Collection Agency? (4)

Summary: When a collector contacts you, respond with a Debt Validation Letter. You may not want to pay a collector if you will never have any income or assets, if you don't owe the debt, if you want to settle for less, if the statute of limitations has expired, or if the collector doesn't own the debt.

You've heard that you should never pay a debt collection agency, and now you want the truth. What happens if you never pay collections? Should you pay the debt collector or the original creditor?

Debt collection agencies can employ a variety of shifty tactics. They may start with harassing phone calls and escalate from there. But depending on your situation, you may never need to pay a debt collector. Not sure where to begin? SoloSuit can help.

Respond to debt collection lawsuits fast with SoloSuit.

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Debt collection agencies buy your debt from lenders

Debt seems like a fact of life for many Americans. Four out of five Americans (80 percent) owe some debt. Collectively, Americans owe $14.9 trillion to banks, credit card companies, and other lenders.

There are usually two parties in debt collection cases. First, there's the party who allegedly owes money, called the “debtor.” Then, there's the party to whom the money is allegedly owed, called the “creditor.”

Often, a creditor finds they can't collect a debt from a debtor. Interest keeps piling up on the debtor’s loan, and there's no money coming in to pay it. A creditor now has two options:

  1. Collect the debt themselves. However, tracking down an alleged debtor can become more of a hassle for the lender than it's worth.
  2. Sell it to a debt collection agency. Creditors give up their right to collect the debt but still receive some money. This helps them to recoup some of their losses.

A debt collection agency is a company that buys unpaid debt from a creditor. On average, debt collection agencies buy these debts for just 4% of the original debt amount. Then, they attempt to track down a debtor and force them to pay it all back.

Let’s consider an example.

Example: Bobby owes a credit card debt of $1,000. After months of missed payments, the credit card company (aka the creditor) charges off the debt and sells it to a debt collection agency for $100. Debt collectors start calling, sending letters, and writing emails asking Bobby to pay the $1,000 he owes. They threaten to take legal action if he doesn’t. If Bobby pays off the full debt, the collectors will make a gigantic profit.


Because these companies specialize in tracking down alleged debtors, they're better suited to collecting unpaid debt than the original creditors themselves. They employ a small army of sleuths equipped with the world's best search tool: the internet. Against these odds, an alleged debtor is hopeless. Debt collection agents can track their prey using anything from bank records to voting data—even internet providers!

Luckily, you can fight debt collectors and beat them in and out of court.

Old debts can cause problems whether you pay or not

At first glance, it might make sense to just pay off a debt collection agency. After all, that's the easiest way to make them leave you alone, right?

Not exactly.

Sure, paying a debt collection agency may get them off your back. But that's all it'll do. Evidence of the unpaid debt will remain on your credit report for another seven years. The actual amount of the debt doesn't matter. Collections raise the same red flag on your credit report, regardless of whether the debt is for $100 or $100,000. This can affect your ability to secure loans in the future.

What's worse, intent doesn't matter in debt collection cases. Many debtors aren't trying to dodge their creditors. They just don't know they owe money. This happens all the time. A creditor may send an unpaid debt notice to a borrower's old address. The borrower never receives it and goes on with their lives, unaware of the debt following them.

This lingering debt can have some surprising effects, namely a damaged credit score. It'll make getting new loans more difficult. Securing financing for a car, mortgage, student loans, or home improvement is significantly more difficult with bad credit. But that's not all. Bad credit can also make it difficult to rent a home or even open an online streaming account.

On the other hand, paying an outstanding loan to a debt collection agency can hurt your credit score. Yup, you heard that right. Any action on your credit report can negatively impact your credit score, even paying back loans. If you have an outstanding loan that's a year or two old, it's better for your credit report to avoid paying it.

Protect your credit score by filing a response with SoloSuit.

How to decide if you should pay a debt collection agency

There's no “silver bullet” in a debt collection case. While ignoring a debt collector may be an option in some cases, it's not available to some debtors.

Here are some general considerations.

If you refuse to pay a debt collection agency, they may file a lawsuit against you. Debt collection lawsuits are no joke. You can't just ignore them in the hopes that they'll go away. If you receive a Complaint from a debt collector, you must respond within a time frame determined by your jurisdiction. For most areas in the US, that time frame is 14-30 days.

If a debt collection agency wins their lawsuit, they have several options available. For example, debt collectors may garnish earnings to collect a debt. A garnishment is a court order that takes money directly from a debtor's earnings. This money goes towards repaying the debt they owe. Consider this possible outcome before ignoring a debt collector's payment demands.

Here's one more thing to keep in mind. Interest on your unpaid debt will continue to pile up as time passes. If you don't pay a debt collection company, the amount of money you allegedly owe will keep increasing.

Sometimes, paying a debt collection agency makes sense. Remember, these agencies buy debt for pennies on the dollar. As a result, you may be able to negotiate paying off your debt for a much lower amount than you owe. Debt collectors may also send you a letter stating that your debt is paid. You can use this letter to remove evidence of the debt collection from your credit report.

A piece of advice: pay the right person. If you receive a letter from a debt collector demanding money, do your research. Often, debt collection agencies sell debt to one another. Don't just assume you're paying the right debt collector. Make sure your debt hasn't changed hands.

Should you pay collections? Consider these factors and situations first

Here are some more specific factors to consider if you find yourself asking, “Should I pay a debt collector?”

It may be a good idea to avoid paying a collection agency if:

  • If you have no income or property and plan to never have income or property at any point in the future. In this case, you may be “judgment proof.” If you plan to ever own anything or have income again in the future, you are not judgment proof.
  • If you don’t owe the debt. Rule #1 of life: don’t pay people money you don’t owe them. If an agency is hounding you for a debt you don’t owe, send them a Debt Validation letter to get them off your tail.
  • If it is part of your strategy to settle the debt for less. A proven strategy for paying less on a debt is to send the collector a Debt Validation Letter. This may force the collector to sue you for the debt or to give up. When they sue you for the debt, respond with an Answer to a Summons and Complaint. This may force them to give up or to settle the debt for less.
  • If the statute of limitations has expired. If the statute of limitations has expired then the collector can no longer legally sue you for the debt. Making a payment on the debt will likely reset the statute of limitations — which is disastrous.
  • If the collection agency can’t show ownership of the debt. Frequently, the sale of a debt from a creditor to a collector is sloppy. A collection agency hounding you may not be able to show they actually own your debt. If they can’t, then you aren’t obligated to pay them.
  • If you are morally opposed to paying someone other than the original creditor. As explained earlier, if a collection agency is coming after you, the original creditor may have sold your debt. Many people think it is unethical for creditors to sell debts. Also, some people argue, you don’t have an ethical obligation to pay someone other than the original creditor.

You may want to pay a collection agency if:

  • If you owe the full amount of the debt and the agency owns the debt.
  • If you want to resolve the matter as quickly as possible and have the money to do so.
  • If you believe you have a moral responsibility to pay off debts regardless of whether they are actually owed.

If a debt is sold to another company, do I have to pay?

The argument goes like this. You owed $1000 to the original creditor. The creditor sold your debt for $100 to a debt collector. If you pay $1000 to the debt collector, that doesn’t restore the creditor. Besides, the creditor already got their remedy for the debt in the $100 from the collector. Also, you don’t owe the collector $1000, because they only paid $100 for your debt. That said and the ethical argument aside, if a collector legitimately bought the debt from your creditor, you do have a legal obligation to pay, if the debt was legally assigned to the collector.

You can reach a settlement instead of paying the debt in full

For most people, it makes sense to angle for a settlement. If a collector is hounding you for a debt they are probably adding on hundreds or thousands of dollars in fees to the debt, including court fees and attorney costs. They also probably bought the debt for a small percentage of the face-value of the debt. These factors suggest that if you paid the full amount they are asking for, you would be overpaying.

On the other hand, if you don’t pay off the debt at some point, they may keep hounding you forever. Even if the statute of limitations has expired and they don’t get a judgment against you, they can still keep asking you for payment or selling your debt to the next guy till the end of time—or it ends up on the spreadsheet of some street-thug collector who threatens your life.

You can start the settlement process using SoloSettle and filing an Answer to your debt collection lawsuit. Once you pay the settlement, you’ll have documents showing the case is dismissed with prejudice and there was a full and final settlement. At that point, the debt is resolved.

Decide what to do next

This calculator is for educational purposes only.

Learn more about the debt settlement process here:

Use SoloSuit to respond to a debt collection lawsuit

If you’re being sued for a debt, whether you owe it or not, you must respond to the lawsuit or you will lose by default. When you ignore a debt collection lawsuit, the debt collector can request a default judgment to be entered into the case. If granted, the default judgment gives the debt collectors the right to garnish your wages and seize your property.

The first step to beating debt collectors in court is to respond to the lawsuit with a written Answer.

Follow these six tips to draft an Answer to a debt lawsuit:

  1. The Answer isn't the place to tell your side of the story in detail. Instead of using an elaborate story to respond to the lawsuit, your Answer should focus on responding to the claims listed in the Complaint document. Keep it simple. You can admit, deny, or deny due to lack of knowledge.
  2. Deny, deny, deny. Most attorneys recommend that you deny as many claims as possible, forcing the debt collector to do more work to prove their side of the case.
  3. Include affirmative defenses. These are any legal reasons that the debt collector should not win the case. A common affirmative defense used in debt lawsuits is the statute of limitations, which is the time period that a debt collector has to sue someone for a debt. If the debt is past the statute of limitations, then the lawsuit is void.
  4. Use standard formatting or “style”. At the head of the Answer document, be sure to include a caption where you list the court information, party information, and case number.
  5. Include a certificate of service. It's important to serve your Answer to the debt collector’s attorney. At the end of your Answer document, include a certificate of service when you verify the address you used to serve the Answer to the opposing attorney.
  6. Sign it. Most courts reject any legal documents without signatures, which is why this last step is so crucial.

In many cases, filing an Answer will stop the lawsuit from proceeding further. Sometimes, the collection agency may drop it altogether, especially if they don't have the evidence they need to prove in court that you owe the debt.

Increase your chances of winning a debt collection lawsuit by 7x with SoloSuit.

Do you have to pay a debt collector?

No, you do not have to pay a debt collector. However, failure to pay a debt can lead to serious consequences, like:

  • Legal action
  • Wage garnishment
  • Property liens
  • Endless debt collection calls
  • Decreased credit score

However, there are certain instances in which you do not have to pay a debt collector at all.

For example, if the statute of limitations on the debt has expired, the debt collector no longer has legal grounds to sue you for it. So, even if they do file a lawsuit, you’ll have a great defense in your case, and it will likely be dismissed. If that’s the case, then you’re off the hook, and you don’t have to pay the debt collector.

Another example is if the debt is invalid. Debt fraud is a very common thing, and you can request a debt validation to determine if you have to pay the collector or not. If the collector can’t validate the debt, they must cease communications with you.

This is why you should never pay a collection agency before the debt is validated and you’ve checked the statute of limitations.

What is SoloSuit?

SoloSuit makes it easy to fight debt collectors.

You can use SoloSuit to respond to a debt lawsuit, to send letters to collectors, and even to settle a debt.

SoloSuit's Answer service is a step-by-step web-app that asks you all the necessary questions to complete your Answer. Upon completion, we'll have an attorney review your document and we'll file it for you.

Respond with SoloSuit

"First time getting sued by a debt collector and I was searching all over YouTube and ran across SoloSuit, so I decided to buy their services with their attorney reviewed documentation which cost extra but it was well worth it! SoloSuit sent the documentation to the parties and to the court which saved me time from having to go to court and in a few weeks the case got dismissed!" – James

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Join our community of over 40,000 people.

You can ask your questions on the SoloSuit forum and the community will help you out. Whether you need help now or are just looking for support, we're here for you.

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>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate

The Truth: Should You Never Pay a Debt Collection Agency? (5)

>>Read the NPR story on SoloSuit. (We can help you in all 50 states.)

The Truth: Should You Never Pay a Debt Collection Agency? (6)

What if the collection agency sues me?

If the collection agency sues you, stick to your guns: you can win. This flowchart shows you the path to victory in a debt collection lawsuit. Pre-lawsuit, make sure to send the collector a Debt Validation Letter telling them you dispute the debt and requesting validation of the debt.

If they sue you, be sure to file an Answer in court. This will make it more likely they give up and the case gets dismissed. If not, you can angle for a settlement with a Debt Lawsuit Settlement Offer Letter.

The Truth: Should You Never Pay a Debt Collection Agency? (7)

How does collection affect my credit score?

Having debt in collections definitely negatively impacts your credit score. Paying off the debt will likely improve your score with credit bureaus that use FICO 9 or Vantage Score 3.0 or 4.0—the newest versions of credit scoring.

Debt in collections is considered under payment history, which is the biggest factor in the most common credit score, FICO. Payment history drives 35 percent of your score.

Some lenders have special policies that prohibit them from lending to people with unpaid debts in collection.

What is SoloSuit?

SoloSuit makes it easy to fight debt collectors.

You can use SoloSuit to respond to a debt lawsuit, to send letters to collectors, and even to settle a debt.

SoloSuit's Answer service is a step-by-step web-app that asks you all the necessary questions to complete your Answer. Upon completion, we'll have an attorney review your document and we'll file it for you.

Respond with SoloSuit

"First time getting sued by a debt collector and I was searching all over YouTube and ran across SoloSuit, so I decided to buy their services with their attorney reviewed documentation which cost extra but it was well worth it! SoloSuit sent the documentation to the parties and to the court which saved me time from having to go to court and in a few weeks the case got dismissed!" – James

Get Started

We have answers.
Join our community of over 40,000 people.

You can ask your questions on the SoloSuit forum and the community will help you out. Whether you need help now or are just looking for support, we're here for you.

Ask a Question

>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate

The Truth: Should You Never Pay a Debt Collection Agency? (8)

>>Read the NPR story on SoloSuit. (We can help you in all 50 states.)

The Truth: Should You Never Pay a Debt Collection Agency? (9)

How to Answer a Summons for debt collection in all 50 states

Here's a list of guides on how to respond to a debt collection lawsuit in each state:

The Ultimate 50 State Guide

Guides on how to resolve debt with every debt collector

Are you being sued by a debt collector? We’re making guides on how to resolve debt with each one.

Resolve your debt with your creditor

Some creditors, banks, and lenders have an internal collections department. If they come after you for a debt, Solosuit can still help you respond and resolve the debt. Here’s a list of guides on how to resolve debt with different creditors.

Settle your medical debt

Having a health challenge is stressful, but dealing medical debt on top of it is overwhelming. Here are some resources on how to manage medical debt.

Guides on arbitration

If the thought of going to court stresses you out, you’re not alone. Many Americans who are sued for credit card debt utilize a Motion to Compel Arbitration to push their case out of court and into arbitration.

Below are some resources on how to use an arbitration clause to your advantage and win a debt lawsuit.

Stop calls from debt collectors

Do you keep getting calls from an unknown number, only to realize that it’s a debt collector on the other line? If you’ve been called by any of the following numbers, chances are you have collectors coming after you, and we’ll tell you how to stop them.

Federal debt collection laws can protect you

Knowing your rights makes it easier to stand up for your rights. Below, we’ve compiled all our articles on federal debt collection laws that protect you from unfair practices.

Debt collection laws in all 50 states

Debt collection laws vary by state, so we have compiled a guide to each state’s debt collection laws to make it easier for you to stand up for your rights—no matter where you live.

Statute of limitations on debt state guides

Like all debt collection laws, the statute of limitations on debt varies by state. So, we wrote a guide on each state’s statutes. Check it out below.

Statute of Limitations on Debt Collection by State (Best Guide)

Check the status of your court case

Don’t have time to go to your local courthouse to check the status of your case? We’ve created a guide on how to check the status of your case in every state, complete with online search tools and court directories.

How to stop wage garnishment in your state

Forgot to respond to your debt lawsuit? The judge may have ordered a default judgment against you, and with a default judgment, debt collectors can garnish your wages. Here are our guides on how to stop wage garnishment in all 50 states.

Other wage garnishment resources

How to settle a debt in your state

Debt settlement is one of the most effective ways to resolve a debt and save money. We’ve created a guide on how to settle your debt in all 50 states. Find out how to settle in your state with a simple click and explore other debt settlement resources below.

How to settle with every debt collector

Not sure how to negotiate a debt settlement with a debt collector? We are creating guides to help you know how to start the settlement conversation and increase your chances of coming to an agreement with every debt collector.

Other debt settlement resources

Personal loan and debt relief reviews

We give a factual review of the following debt consolidation, debt settlement, and loan organizations and companies to help you make an informed decision before you take on a debt.

How to repair and improve your credit score

Debt has a big impact on your credit. Below is a list of guides on how to repair and improve your credit, even while managing major debt.

How to resolve student loan debt

Struggling with student debt? SoloSuit’s got you covered. Below are resources on handling student loan debt.

Civil law legal definitions

You can represent yourself in court. Save yourself the time and cost of finding an attorney, and use the following resources to understand legal definitions better and how they may apply to your case.

Get answers to these FAQs on debt collection

How-to debt guides

Learn more with these additional debt resources


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The Truth: Should You Never Pay a Debt Collection Agency? (2024)

FAQs

The Truth: Should You Never Pay a Debt Collection Agency? ›

You should never pay a collection agency, even if they demand payment immediately and directly. This repayment will remain as a transaction on your credit report for several years.

Why should you never pay a collection agency? ›

A collection account can significantly damage your credit score, but the impact lessens over time. Paying off a collection might not immediately improve your credit score, but some newer credit scoring models give less weight to paid collections.

Is it worth paying a debt collector? ›

Not necessarily. It's not always wise to pay a debt collection agency, even though that may be your first instinct. Depending on your circ*mstances, doing so may only worsen your financial situation and compound your problems.

What happens if you don't pay a debt collection agency? ›

If you get a summons notifying you that a debt collector is suing you, don't ignore it. If you do, the collector may be able to get a default judgment against you (that is, the court enters judgment in the collector's favor because you didn't respond to defend yourself) and garnish your wages and bank account.

Is it pointless to pay off collections? ›

Paying off collections could increase scores from the latest credit scoring models, but if your lender uses an older version, your score might not change. Regardless of whether it will raise your score quickly, paying off collection accounts is usually a good idea.

What's the worst a debt collector can do? ›

The worst thing they can do

If you fail to pay it off, the collection agency could file a suit. If you were to fail to show up for your court date, the debt collector could get a summary judgment. If you make an appearance, the collector might still get a judgment.

How to get rid of debt collectors without paying? ›

You can sue the debt collector for violating the FDCPA. If you sue under the FDCPA and win, the debt collector must generally pay your attorney's fees and may also have to pay you damages. If you're having trouble with debt collection, you can submit a complaint with the CFPB.

What is the 11 word phrase to stop debt collectors? ›

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.

What should you not say to debt collectors? ›

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.

Should I pay off a 5 year old collection? ›

Paying off old debts before they reach the statute of limitations or credit reporting deadline can positively influence your payment history, a significant factor in your FICO score. This move can boost your credit score and contribute to a healthier credit profile.

Will debt collectors give up? ›

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.

How long before a debt becomes uncollectible? ›

4 years

What happens if you ignore debt collectors forever? ›

Ignoring or avoiding a debt collector, though, is unlikely to make the debt collector stop contacting you. They may find other ways to contact you, including filing a lawsuit. While being contacted by a debt collector might feel overwhelming, talking with them can help you get more information about the debt.

Should I pay a collection agency or the original creditor? ›

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.

Can you dispute a debt if it was sold to a collection agency? ›

Can you dispute a debt if it was sold to a collection agency? Your rights are the same as if you were dealing with the original creditor. If you do not believe you should pay the debt, for example, if a debt is stature barred or prescribed, then you can dispute the debt.

What is the best way to pay debt collectors? ›

The best method of payment will prevent a debt collector from having access to your financial accounts. For that reason, a money order is your best option. Be sure to keep a carbon copy and receipt.

Does paying a debt collector improve your credit? ›

For some credit scoring models, paying off collection accounts may improve credit scores. FICO® Score 9, FICO Score 10, VantageScore® 3.0 and VantageScore 4.0 credit scoring models penalize unpaid collection accounts. Paying off collection accounts may help improve these scores.

What is the success rate of debt collectors? ›

According to recent statistics, the average success rate for debt collection agencies in the United States is around 20-30%. Therefore, it is reasonable to estimate that a typical debt collection agency will recover an average of $20-30 for every $100 in outstanding debt.

What percentage will a debt collector accept? ›

“Offering 25%-50% of the total debt as a lump sum payment may be acceptable. The actual percentage may vary depending on the circ*mstances of the borrower as well as the prevailing practices of that particular collection agency.” One benefit of negotiating settlement terms is likely to reduce stress.

What percentage will most debt collectors take? ›

Most debt collectors will settle for much less than you owe, but all debt collection agencies differ. Some will agree to settle your debt for as little as a third of the total, while others will try to get as much as 80% of the debt paid.

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