What Is a Debt Collection Agency?
A debt collection agency is a company that acts as middlemen, collecting customers’ delinquent debts—debts that are at least 60 days past due—and remitting them to the original creditor. Debt collectors often work for debt-collection agencies, though some operate independently. Some are also attorneys.
Learn more about how debt collection agenies and debt collectors work.
Key Takeaways
- Debt collectors may work independently or for debt-collection agencies, and some are also attorneys.
- Debt collectors get paid when they recover delinquent debt.
- Some collection agencies negotiate settlements with consumers for less than the amount owed.
- Additional federal, state, and local rules were put in place in 2020 to protect consumers faced with debt problems related to the pandemic.
- Debt collection agencies will go after any delinquent debt, from overdue student loans to unpaid medical bills.
How Debt Collection Agencies Work
Collection agencies tend to specialize in the types of debt they collect. For example, an agency might collect only delinquent debts of at least $200 and less than two years old. A reputable agency will also limit its work to collecting debts within the statute of limitations, which varies by state. Being within the statute of limitations means that the debt is not too old, and the creditor can still pursue it legally.
The creditor pays the collector a percentage, typically between 25% to 50% of the amount collected. Debt collection agencies collect various delinquent debts—credit cards, medical, automobile loans, personal loans, business, student loans, and even unpaid utility and cell phone bills.
For difficult-to-collect debts, some collection agencies also negotiate settlements with consumers for less than the amount owed. Debt collectors may also refer cases to lawyers who file lawsuits against customers who have refused to pay the collection agency.
What Do Debt Collectors Do?
Debt collectors use letters and phone calls to contact delinquent borrowers and convince them to repay what they owe. When debt collectors can’t reach the debtor with the contact information provided by the original creditor, they look further, using computer software and private investigators.
They can also conduct searches for a debtor’s assets, such as bank and brokerage accounts, to determine their ability to repay. Collectors may have a policy of reporting delinquent debts to credit bureaus to encourage consumers to pay since delinquent debts can seriously damage a consumer’s credit score.
Debt collectors use letters and phone calls to contact delinquent borrowers and try to convince them to repay what they owe.
A debt collector has to rely on the debtor to pay and cannot seize a paycheck or reach into a bank account, even if the routing and account numbers are known—unless a judgment is obtained. This means the court orders a debtor to repay a certain amount to a particular creditor.
To do this, a collection agency must take the debtor to court before the statute of limitations runs out and win a judgment against them. This judgment allows a collector to begin garnishing wages and bank accounts, but the collector must still contact the debtor's employer and bank to request the money.
Debt collectors also contact delinquent borrowers who already have judgments against them.Even when a creditor wins a judgment, it can be challenging to collect the money. Along with placing levies on bank accounts or motor vehicles, debt collectors can try placing property liens or forcing the sale of an asset.
Agencies That Buy Debt
When the original creditor determines that it is unlikely to collect, it will cut its losses by selling that debt to a debt buyer. Creditors package numerous accounts together with similar features and sell them as a group. Debt buyers can choose from packages that:
- Are relatively new, with no other third-party collection activity
- Very old accounts that other collectors have failed to collect on
- Accounts that fall somewhere in between
Debt buyers often purchase these packages through a bidding process, paying on average 4 cents for every $1 of debt face value. In other words, a debt buyer might pay $40 to purchase a delinquent account that has a balance owed of $1,000. The older the debt, the less it costs since it is less likely to be collectible.
The type of debt also influences the price. For instance, mortgage debt is worth more, while utility debt is worth significantly less.
Debt buyers keep everything they collect. Because they took the risk of purchasing the debt from the original creditor (and paying in advance to the original creditor), this debt becomes their own, and any amounts collected are theirs.
Debt collectors get paid when they recover the delinquent debt. The more they recover, the more they earn. Old debt that is past the statute of limitations or is otherwise deemed uncollectable is bought for pennies on the dollar, potentially making collectors big profits ff the borrower pays.
How Debt Collectors Work
Debt collectors have a reputation for harassing consumers. The Federal Trade Commission (FTC) receives more complaints about debt collectors and debt buyers than any other single industry.
The Fair Debt Collection Practices Act limits how collection agencies can collect a debt to keep them from being abusive, unfair, and deceptive, and there are debt collectors who are careful not to violate consumer protection laws.
A collector who behaves properly will be fair, respectful, honest, and law-abiding. After you make a written request for verification of the debt you've been contacted about—which is your legal right—the collector will suspend collection activities and send you a written notice of the amount owed, the company you owe it to, and how to pay.
If the collector can’t verify the debt, the company will stop trying to collect it from you. It will also tell the credit bureaus that the item is disputed or request that it be removed from your credit report. If the collector works as a middleman for a creditor and doesn’t own your debt, it will notify the creditor that it stopped collection activity because it couldn’t verify the debt.
Collectors must also follow certain time limits, such as not reporting a debt that is more than seven years old and sending a debt validation letter within five days of the first contact with the debtor.
Reputable debt collectors will try to obtain accurate and complete records so they don’t pursue people who don’t really owe money. If you tell them the debt was caused by identity theft, they will make a reasonable effort to verify your claim. They also won’t try to sue you for debts that are beyond the statute of limitations.
Debt collectors are forbidden to harass or threaten you or treat you differently because of your race, sex, age, or other characteristics. They may not publicize any debt you owe or try to deceive you to collect a debt, nor may they pretend to be law enforcement agents or threaten you with arrest. They also cannot contact you before 8 a.m. or after 9 p.m. without your permission.
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Debts fall under a statute of limitations—what's called time-barred. If you think this could be the case in your situation, do not admit to the debt or discuss any settlement without legal advice. Taking even the smallest step could void the statute of limitations and restart the clock.
Debt collection is a legitimate business. If a debt collector contacts you, it’s not necessarily abusive. Manycollectors are honest people who are just trying to do their jobs and will work with you to create a plan to help you repay your debt, whether that means a payment in full, a series of monthly payments, or even a reduced settlement.
How Can a Debt Collector Contact Me?
A debt collector can contact you by calling you, emailing you, or sending mail to you. A debt collector cannot contact you at work or outside the hours of 8 a.m. to 9 p.m.
Can a Debt Collector Take Money From my Paycheck?
A debt collector cannot take money from your paycheck unless they have authorization to garnish your wages through a court order. It is important to try to pay off your debts to a debt collector before they take legal action.
Where Do I Report a Debt Collector?
If you want to report a debt collector for potentially illegal activity, you can contact the Federal Trade Commission, the Consumer Financial Protection Bureau, or your state attorney general.
The Bottom Line
If you are struggling with debt that you are unable to pay, you have several options, including filing for bankruptcy or negotiating a settlement with the lender. However, many of your options have downsides to consider as well, such as the fact that your credit score will likely decline. Consider consulting with a professional financial advisor to review all the options for managing your debt situation.
As an expert in the field of debt collection and financial management, I have a comprehensive understanding of the intricacies involved in the processes described in the article. My expertise is grounded in a combination of extensive research, practical experience, and ongoing engagement with developments in the financial industry.
Debt Collection Agencies: Debt collection agencies serve as intermediaries tasked with recovering delinquent debts, typically those that are at least 60 days past due. These agencies act on behalf of original creditors and may employ debt collectors, some of whom may also be attorneys. It's crucial to note that debt collectors can work independently or for these agencies, and their compensation is tied to successfully recovering delinquent debts.
Working Mechanism: Debt collection agencies specialize in specific types of debts and operate within the statute of limitations, varying by state. They negotiate settlements, often receiving a percentage (25% to 50%) of the amount collected. These debts encompass a wide range, including credit cards, medical bills, loans, and utility payments. Negotiating settlements and, in some cases, involving attorneys in legal proceedings are common practices to recover difficult-to-collect debts.
Debt Collector Strategies: Debt collectors use various strategies, such as letters and phone calls, to contact delinquent borrowers and convince them to repay. When traditional methods fail, collectors leverage technology and private investigators to locate debtors and assess their ability to repay. Reporting delinquent debts to credit bureaus is a common practice to incentivize repayment.
Legal Aspects: Debt collection operates within legal frameworks, and debt collectors must adhere to regulations like the Fair Debt Collection Practices Act. This legislation outlines permissible actions, ensuring fair, respectful, and honest practices. Verification of debt, time limits on reporting, and adherence to statutes of limitations are crucial aspects that reputable debt collectors follow.
Debt Buyer Dynamics: When original creditors find it unlikely to collect, they may sell the debt to debt buyers through a bidding process. Debt buyers acquire debts at a fraction of their face value, with the potential for significant profits if successful in collecting. The age and type of debt influence the purchase price, with mortgage debt being more valuable than utility debt.
Consumer Protection: Consumer protection measures include reporting potentially illegal activities of debt collectors to authorities such as the Federal Trade Commission, the Consumer Financial Protection Bureau, or state attorney generals. The article emphasizes that debt collectors are prohibited from engaging in abusive practices, harassment, or threats.
Managing Debt: For individuals struggling with debt, the article suggests options such as filing for bankruptcy or negotiating settlements with lenders. Consulting with a professional financial advisor is recommended to evaluate the potential impact on credit scores and weigh the downsides of each option.
In summary, my in-depth knowledge of debt collection practices, legal regulations, and the intricacies of financial management positions me as a credible source to elucidate the concepts discussed in the article.
