What Happens When I Don't Pay a Collection Agency?

Creditors often hire collection agencies to help them collect debts from individuals who have previously defaulted on payment obligations for a loan, credit card or other form of debt. Collection agencies focus solely on collecting delinquent debts, making them more efficient at recovering funds than the original creditor, which must focus on aspects of consumer accounts other than collecting payments.

Facts

Collection agencies primarily use telephone calls and written demands to notify debtors that payment is due immediately. Not paying a collection agency will result in more frequent calls and letters. The Fair Debt Collection Practices Act (FDCPA) makes it illegal for debt collectors to use abusive language or threats when collecting debts. Unfortunately, this does not mean that the practice wont occur should you refuse to submit a payment. If a collection agency cannot convince you to repay the debt, it may eventually sell the debt to yet another collection agency.

Time Frame

Although collection agencies may pursue you for a debt for an indefinite length of time, a company may only pursue a legal remedy until your states statute of limitations for debt collection expires. Thus, a collection agency possesses the right to sue you, but only for a limited amount of time. The statute of limitations varies by state, but begins as soon as your payment to the original creditor goes 180 days delinquent. If you make a payment on the debt, however, this restarts the statute of limitations--giving a collection agency the right to file a lawsuit against you even if it did not previously enjoy that right.

Effects

Collection agencies can damage your credit by reporting evidence of the debt to the credit bureaus. Not only are collection accounts derogatory entries, but lenders inspecting your credit history will see the collection account and consider you a higher risk. By paying a collection debt immediately, you can sometimes avoid a collection report ever appearing in your credit files. Once a collection agency reports your debt to the credit bureaus, paying it wont secure its removal or negate the negative impact it has on your credit score.

Considerations

If you did not incur the debt in question, you arent legally obligated to pay it provided you demonstrate that the debt isnt yours. The FDCPA allows all consumers to demand that collection companies validate a debt by providing proof that the individual owes the debt and that the collection agency in question is authorized to collect the debt. Not paying a collection agency is permissible if you never accrued the debt in the first place.

Warning

If you ignore the debt and it's still within your states statute of limitations, the collection agency may seek legal help collecting by filing a lawsuit against you. If you do not contest the lawsuit, the court will grant a default judgment against you whether or not the debt is even yours. In many states, judgments give debt collectors the right to garnish your paychecks and bank accounts. Judgments also appear on your credit report and tarnish your credit history.