Is it better to pay the original creditor or the debt collector?
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.
If you're able to do so, pay the original creditor before your debt goes to collections. Having a debt sent to collections will damage your credit score and may limit your options for repayment. In most cases, the original creditor will offer better repayment options than a debt collector will.
Debt collectors, especially debt buyers, are usually more likely to settle debt for less. So it may be better for you to discuss settlement options with collections, but be aware that debt settlement will impact your credit score. Paying in full is usually the best option, but not everyone can afford to do that.
Here are a few tips: Payment method. 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.
Once you've paid off an account in collections, it will eventually fall off your credit report. If you'd like to expedite the process, you can request a goodwill removal. Removing a paid collection account is up to the discretion of your original creditor, who doesn't have to agree to your request.
If the creditor sold the debt to a collection agency, you can't negotiate or pay the original creditor. Because the original creditor no longer owns the debt, paying that company wouldn't satisfy the debt you now owe the 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.
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.
Debt settlement can eliminate outstanding obligations, but it can negatively impact your credit score. Stronger credit scores may be more significantly impacted by a debt settlement. The best type of debt to settle is a single large obligation that is one to three years past due.
Some will only settle for 75-80% of the total amount; others will settle for as a little as 33%. Looking for a place to set the bar? The American Fair Credit Counsel reports the average settlement amount is 48% of the balance. Again, start low, knowing the debt collector will start high.
When should you not pay collection accounts?
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.
- Honesty. Be forthcoming about the circ*mstances surrounding your late payment and the request you're making. ...
- Modesty. Don't ask for too much. ...
- Your efforts to make payments. Explain that you've taken every possible step to make your payments on time.
- Basic information.
- Learn About the Debt. By law, collection agencies must provide evidence that the debt is your. ...
- Understand What You Can Afford To Offer. ...
- Speak to the Debt Collector. ...
- Make Sure All Agreements Are in Writing. ...
- Make Your Payments. ...
- Negotiate Improvement to Your Credit Reports.
Specifically, section 609 of the FCRA gives you the authority to request detailed information about items on your credit report. If the credit reporting agencies can't substantiate a claim on your credit report, they must remove it or correct it.
A 609 Dispute Letter is often billed as a credit repair secret or legal loophole that forces the credit reporting agencies to remove certain negative information from your credit reports. And if you're willing, you can spend big bucks on templates for these magical dispute letters.
Most negative items should automatically fall off your credit reports seven years from the date of your first missed payment, at which point your credit score may start rising. But if you are otherwise using credit responsibly, your score may rebound to its starting point within three months to six years.
By paying the collection agency directly, the notification of the debt could stay on your credit report longer than if you attempt to use another option, like filing for bankruptcy. When institutions check your credit report and see this information on it, it may harm your ability to obtain loans.
If you don't pay a debt collector or collection agency, you'll likely face increasing efforts to collect the debt via phone calls, letters, or even social media contact. Not paying a debt in collections will also hurt your credit score. If you don't pay, the collection agency can sue you to try to collect the debt.
You can ask the creditor — either the original creditor or a debt collector — for what's called a “goodwill deletion.” Write the collector a goodwill letter explaining your circ*mstances and why you would like the debt removed, such as if you're about to apply for a mortgage.
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.
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.
Most states or jurisdictions have statutes of limitations between three and six years for debts, but some may be longer. This may also vary depending, for instance, on the: Type of debt. State where you live.
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.
Old (Time-Barred) Debts
In California, there is generally a four-year limit for filing a lawsuit to collect a debt based on a written agreement.
The best way is to pay
Plus, a past-due debt could come back to bite you even if the statute of limitations runs out and you no longer technically owe the bill. While the debt could fall off your credit report, don't plan on ever borrowing from that creditor again.
References
- https://www.incharge.org/debt-relief/debt-settlement/negotiating-with-creditors/
- https://www.equifax.com/personal/education/debt-management/articles/-/learn/how-to-bypass-debt-collectors/
- https://www.consumerfinance.gov/ask-cfpb/can-debt-collectors-collect-a-debt-thats-several-years-old-en-1423/
- https://barrilleauxlaw.com/what-if-my-insurance-company-offers-a-low-settlement/
- https://www.experian.com/blogs/ask-experian/what-is-a-609-dispute-letter/
- https://whlawoffices.com/blog/things-debt-collection-agency-cant-do/
- https://www.cbsnews.com/news/who-qualifies-for-credit-card-debt-forgiveness/
- https://www.chase.com/personal/credit-cards/education/basics/what-happens-to-debt-after-7-years
- https://www.solosuit.com/posts/pay-original-creditor-or-collection-agency
- https://www.ovlg.com/blog/frequently-asked-questions-on-debt-collection-abuse.html
- https://www.solosuit.com/posts/do-debt-collectors-give-up
- https://www.tcn.com/regulation-f-guide/
- https://www.investopedia.com/personal-finance/debt-settlement-cheapest-way-get-out-debt/
- https://www.consumerfinance.gov/ask-cfpb/what-should-i-do-when-a-debt-collector-contacts-me-en-1695/
- https://en.wikipedia.org/wiki/Debt_relief
- https://www.stepchange.org/debt-info/settlement-offers-to-creditors.aspx
- https://www.investopedia.com/best-debt-relief-companies-4846588
- https://money.com/how-to-negotiate-with-debt-collectors/
- https://www.bankrate.com/personal-finance/debt/get-out-of-debt-on-low-income/
- https://www.incharge.org/debt-relief/consolidation-vs-settlement/
- https://www.usatoday.com/money/blueprint/debt/settling-debt-vs-paying-in-full/
- https://www.consumernotice.org/personal-injury/settlement-calculator/
- https://www.kixie.com/sales-blog/what-you-need-to-know-about-debt-collection-call-laws/
- https://www.seanclearypa.com/faqs/what-happens-after-a-case-is-settled/
- https://wallethub.com/answers/cs/how-to-remove-collections-from-credit-report-without-paying-2140646704/
- https://www.experian.com/blogs/ask-experian/can-paying-off-collections-raise-your-credit-score/
- https://www.cnbc.com/select/what-is-debt-settlement/
- https://www.nolo.com/legal-encyclopedia/a-collection-agency-debt-can-i-negotiate-the-original-creditor.html
- https://cozinhacabral.com/20-10-rule-to-calculate-debt-limits/
- https://www.masonbullock.co.uk/negotiate-settlement-agreement/
- https://www.incharge.org/debt-relief/debt-settlement/effect-on-credit-report/
- https://www.lendingtree.com/credit-repair/how-to-remove-collections-from-credit-report/
- https://www.incharge.org/debt-relief/debt-settlement/buying-a-house-after-settlement/
- https://www.linkedin.com/pulse/overcoming-setbacks-can-you-get-loan-after-settlement-settle-loan
- https://www.bankrate.com/finance/credit-cards/credit-card-debt-sold-to-collector/
- https://upsolve.org/learn/should-i-pay-debt-collector-or-original-creditor/
- https://www.ramseysolutions.com/debt/how-to-deal-with-debt-collectors
- https://www.bajajfinserv.in/insights/what-is-credit-card-settlement
- https://www.investopedia.com/how-much-does-debt-settlement-cost-8576484
- https://www.fool.com/the-ascent/credit-cards/how-negotiate-credit-card-debt/
- https://www.swrecovery.com/resources/blog/the-7-in-7-debt-collection-rule-what-to-know-and-ways-creditors-can-work-around-it/
- https://www.debt.org/credit/collection-agencies/how-to-negotiate/
- https://www.debt.org/credit/collection-agencies/how-to-pay-debt-in-collections/
- https://www.bankrate.com/personal-finance/debt/what-is-debt-settlement/
- https://www.consumerfinance.gov/ask-cfpb/how-do-i-get-a-debt-collector-to-stop-contacting-me-en-1411/
- https://www.solosuit.com/posts/should-you-never-pay-debt-collection-agency
- https://www.nerdwallet.com/article/finance/get-collections-off-credit-report
- https://www.bankrate.com/personal-finance/credit/when-does-old-debt-fall-off-credit-report/
- https://www.nolo.com/legal-encyclopedia/negotiating-with-collectors-unsecured-debts.html
- https://nationaldebtline.org/fact-sheet-library/refused-offers-ew/
- https://www.rocketlawyer.com/family-and-personal/personal-finance/debt-and-bankruptcy/legal-guide/use-a-cease-and-desist-letter-to-stop-debt-collection-harassment
- https://www.investopedia.com/articles/personal-finance/121614/5-things-debt-collectors-are-forbidden-do.asp
- https://www.ftc.gov/sites/default/files/documents/public_comments/debt-settlement-industry-public-workshop-536796-00014/536796-00014.pdf
- https://www.fullmanfirm.com/sued-by-a-debt-collector/
- https://www.incharge.org/debt-relief/debt-settlement/debt-settlement-pros-cons/
- https://www.jamsadr.com/files/uploads/documents/articles/brown-geraldine-gec-newsletter-five-strategies-for-effective-settlement-negotiations-2018.pdf
- https://www.usatoday.com/money/blueprint/debt/how-to-negotiate-debt-settlement-diy/
- https://www.federalbank.co.in/credit-card-debt-settlement-process-how-it-works
- https://www.incharge.org/debt-relief/credit-counseling/success-stories/how-i-paid-off-30000-in-credit-card-debt/
- https://www.cnbc.com/select/what-is-a-good-credit-utilization-ratio/
- https://thecurrentla.com/2024/what-makes-a-fair-settlement/
- https://www.incharge.org/debt-relief/credit-counseling/bad-credit/negotiating-with-debt-collectors/
- https://www.lendingtree.com/credit-repair/how-debt-settlement-affects-your-credit/
- https://www.quora.com/If-I-have-a-seven-figure-personal-injury-case-and-liability-is-not-in-dispute-should-I-represent-myself-or-hire-a-lawyer
- https://www.experian.com/blogs/ask-experian/tax-implications-of-settling-debt/
- https://www.consumerfinance.gov/about-us/blog/your-top-debt-collection-questions-answered/
- https://www.nationaldebtrelief.com/blog/debt-guide/debt-relief/should-i-pay-off-a-six-year-old-debt-or-just-ignore-it/
- https://www.consumerfinance.gov/rules-policy/regulations/1006/
- https://www.cochranfirm.com/new-orleans/a-good-settlement-offer/
- https://upsolve.org/learn/happens-dont-pay-collection-agency/
- https://www.askadamskutner.com/personal-injury/average-personal-injury-settlement-amounts/
- https://www.consolidatedcredit.org/debt-solutions/debt-settlement/
- https://www.experian.com/blogs/ask-experian/debt-settlement-risks/
- https://www.farmermorris.com/faqs/11-word-phrase-to-stop-debt-collectors/
- https://time.com/personal-finance/article/what-is-a-charge-off/
- https://www.loker.law/blog/how-many-times-can-a-debt-collector-call-me-in-one-day/
- https://www.stepchange.org/debt-info/debt-collection/phone-calls-about-debt.aspx
- https://extension.umn.edu/adjusting-income-loss/talking-creditors
- https://www.investopedia.com/ask/answers/110614/how-will-debt-settlement-affect-my-credit-score.asp
- https://www.nolo.com/legal-encyclopedia/handling-debt-collection-calls-dos-donts.html
- https://www.consumerfinance.gov/ask-cfpb/what-is-a-debt-relief-program-and-how-do-i-know-if-i-should-use-one-en-1457/
- https://www.capitalone.com/learn-grow/money-management/does-paying-off-collections-improve-credit-score/
- https://www.kotaksecurities.com/share-market/what-is-debt-trap/
- https://www.incharge.org/debt-relief/credit-counseling/bad-credit/know-your-rights-with-debt-collectors/
- https://www.debt.org/bankruptcy/buying-a-car-after/
- https://www.farmermorris.com/faqs/why-you-should-never-pay-collection-agency/
- https://www.stepchange.org/debt-info/debt-collection/can-debts-be-sold-on.aspx
- https://www.incharge.org/debt-relief/credit-counseling/bad-credit/how-to-stop-collection-calls/
- https://www.pacificdebt.com/the-minimum-amount-a-debt-collection-agency-will-sue-you-for
- https://www.pacificdebt.com/how-to-build-your-credit-after-debt-settlement
- https://fi.money/blog/posts/what-is-credit-card-settlement-how-does-it-work
- https://www.nolo.com/legal-encyclopedia/does-the-law-restrict-the-times-debt-collector-can-me.html
- https://www.creditninja.com/blog/can-you-have-a-700-credit-score-with-collections/
- https://www.solosuit.com/posts/improve-credit-score-after-settlement
- https://www.nolo.com/legal-encyclopedia/what-are-my-rights-against-a-debt-collector.html
- https://www.experian.com/blogs/ask-experian/how-to-negotiate-with-debt-collectors/
- https://aa.law/blog/how-do-i-know-if-i-have-a-good-settlement-offer/
- https://www.investopedia.com/articles/pf/09/debt-settlement.asp
- https://www.alllaw.com/articles/nolo/personal-injury/how-much-should-settle.html
- https://www.consumerfinance.gov/ask-cfpb/should-i-share-personal-information-with-a-debt-collector-en-2098/
- https://www.credit.com/blog/9-ways-to-turn-the-tables-on-debt-collectors-65271/
- https://www.experian.com/blogs/ask-experian/will-settling-a-debt-affect-my-score/
- https://www.solosuit.com/posts/settle-collection-or-pay
- https://davidsklar.com/blog/why-you-should-think-twice-before-paying-a-collection-agency/
- https://www.lendingtree.com/personal/what-is-goodwill-adjustment/
- https://www.debt.org/settlement/how-long-after-debt-settlement-can-i-buy-a-house/
- https://oag.ca.gov/consumers/general/debt-collectors
- https://www.bankrate.com/personal-finance/debt/reset-old-debt/
- https://www.usatoday.com/money/blueprint/credit-score/does-settling-a-debt-hurt-credit/
- https://www.credit.com/blog/what-is-609/
- https://www.moneymanagement.org/blog/understanding-the-statutes-of-limitations-on-debt
- https://www.experian.com/blogs/ask-experian/how-to-get-debt-collectors-to-stop-contacting-you/