What is the original creditor of a collection?
The original creditor is the company that gave you the loan or credit. An original creditor may attempt to collect a past due debt or account itself, or it may hire a debt collector. A debt collector is generally a third party who has been contracted to collect your debt or account.
Review your credit report
Your credit report may contain the details of the company that bought the debt from your original creditor. You can access your credit report from major credit bureaus such as Equifax, Experian, and TransUnion.
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.
Summary: You have 30 days to respond to a debt lawsuit in California. In order to respond, you must file an Answer into the case, which costs $225-$450 depending on how much debt is owed and in which court the case is filed.
Creditors are individuals or entities that have lent money to another individual or entity. They typically charge interest and the money is owed back to them. For example, a bank lending money to a person to purchase a house is a creditor.
Removing a paid collection account is up to the discretion of your original creditor, who doesn't have to agree to your request. Some creditors aren't able to delete collections from a credit report at all. But it doesn't hurt to ask.
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.
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.
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.
Do 'pay for delete' letters actually work? While you may not be successful in convincing a debt collection agency to comply with a pay for delete request, it can't hurt to try. However, it's important to wait for written confirmation that a collection agency has accepted your offer before you proceed with payment.
How do you fight a collection agency and win?
- Write a letter disputing the debt. You have 30 days after receiving a collection notice to dispute a debt in writing. ...
- Dispute the debt on your credit report. ...
- Lodge a complaint. ...
- Respond to a lawsuit. ...
- Hire an attorney.
The most important thing is to respond.
Whatever you do, don't ignore the lawsuit. Even if you don't think you owe that debt. Responding to a debt collector's lawsuit will likely put you in a better position, cost you less in fees, and give you more control over how you repay the debt.
“What are you willing to give? … Find a number you're comfortable with and say, “this is what I can afford to give you,” period. They can take or leave it, it's your choice and not theirs.” Oftentimes, debt collectors will agree to accept as payment-in-full a lump-sum amount that is only a fraction of the total debt.
They describe a relationship where one party owes money to another party. The debtor is the party that owes the money (debt), while the creditor is the party that loaned the money. For example, if Jay loans Reva $100, Reva is the debtor and Jay is the creditor.
There are several types of creditors, such as real creditors, personal creditors, secured creditors and unsecured creditors.
Creditors are individuals/businesses that have lent funds to another company and are therefore owed money. By contrast, debtors are individuals/companies that have borrowed funds from a business and therefore owe money.
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.
You cannot remove collections from your credit report without paying if the information is accurate, but a collection account will fall off your credit report after 7 years whether you pay the balance or not.
If you don't pay, the collection agency can sue you to try to collect the debt. If successful, the court may grant them the authority to garnish your wages or bank account or place a lien on your property. You can defend yourself in a debt collection lawsuit or file bankruptcy to stop collection actions.
- Keep a record of all communication with debt collectors.
- Send a Debt Validation Letter and force them to verify your debt.
- Write a cease and desist letter.
- Explain the debt is not legitimate.
- Review your credit reports.
- Explain that you cannot afford to pay.
Can I tell a debt collector to stop calling?
Regardless of how they're contacting you, you have the right to tell a debt collector to stop. This request must be made to the debt collector in writing.
4. Don't Lose Your Temper. Using profanity, screaming, or getting hostile, won't help you. If call records are needed for a court action, it will hurt your case if you're the one who's abusive and not the collector.
Debt collectors cannot harass or abuse you. They cannot swear, threaten to illegally harm you or your property, threaten you with illegal actions, or falsely threaten you with actions they do not intend to take. They also cannot make repeated calls over a short period to annoy or harass you.
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.
You have the right to send what's referred to as a “drop dead letter. '' It's a cease-and-desist motion that will prevent the collector from contacting you again about the debt. Be aware that you still owe the money, and you can be sued for the debt.
References
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