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Can a collection agency sue for a 'charged off' debt?
Answer

Wiki User
December 01, 2008 7:51PM
Yes, the term "charge off" does not render the debt invalid or uncollectible.
Related Questions
Asked in Credit and Debit Cards, Debt Collection, Credit
You had a credit card account which they charged off and sold to a collection agency ca Now you have that charge off which carries a balance and a CA collecting on the same debt What could you do?

It is unlikely that the account was "sold" to a collection
agency. Rather, the agency was contracted to recover the debt. The
"charge off" of the account only affects the original creditor, and
represents a loss reported against the company's taxes. If the
collection agency has attempted to recover the debt and has been
unable to, the original creditor will likely pull back the account
and refer it to another agency in hopes of greater success.
Asked in Debt and Bankruptcy
Does the creditor or the collection agency get the money you pay on a debt?

When a collection agency takes on a bad debt, in many cases they
are "puchasing" the debt from the original creditor. When you then
pay off the collection agency, your money will stay with that
collection agency. This is the most common scenario, but some
companies do have their own internal collection agencies (Capital
One, for example, has their own collection subsidiary in Idaho -
the Westmoreland Agency).
Hope this helps!
Asked in Credit and Debit Cards, Credit Reports, Debt Collection, Statutes of Limitations
After a debt has been charged off can a third party start collection on the debt 2 years after the debt was charged off?

Yes, because all that charged off debt is just charged off by
the original lender, not for the entire world. They will sell it
for some amount of money to collections agencies in orde to get
something and write off the balance of the debt on their taxes as a
loss which you have to in turn enter charged off debt as income
unless you pay it back. The collection agency starts the process
all over and the seven years starts all over too, to infinity and
beyond...It never goes away unless it is legally disccharged off
through cp 13 or 7 bankruptcy unless is a student loan, federal IRS
debt, child support, judgment, etc...
Asked in Credit and Debit Cards, Credit Reports, Debt Collection
Can debt collectors collect on a debt after it has be charged off?

Yes, A charge off simply indicates that the debt has been
written off the creditor's account as uncollectible. The debt can
then be sold to a collection agency for pennies on the dollar. The
'buyer" of the debt will then pursue collection action by whatever
means is allowed by the laws of the state where the debtor resides.
Such action would be phone calls, letters and in many instances a
civil suit for the debt owed.
Asked in Credit and Debit Cards, Credit Reports, Debt Collection
Is it illegal to start collections on charged off accounts?

is it against the law to start collections on charged off
accounts.
I beg to differ but you can also look this up. It is not illegal
to start collection proceedings on charged off accounts, most
businesses will write debts off to bad debt BEFORE placing them
with a 3rd party collector such as an attorney or collection
agency.
Once payment is made the money is posted to bad debt recovered
to offset the write off. This is done to remove the bad debt from
their books and also for tax purposes.
Asked in Debt Collection
Can you be sued by a creditor who has charged you off as a bad debt?

Yes. Being "charged off" is merely an internal accounting term
to indicate that the amount owed should not be carried as an asset
of the company. It does not mean that the debt itself is
discharged. Companies will charge off debts because they cannot
keep inactive accounts on their books indefinitely. But after they
do charge them off, they either sell them at a discount to
collection agencies, try to collect on them themselves, or forget
them. But they can sue. If a collection agency comes after a debtor
on a charged off debt, the debt can probably be settled for a lot
less than the real amount. This is because the agency probably
bought the charged off debt for less than half of the amount. If
the debtor offers an immediate payment of say 75%, the agency still
makes money on the difference between what it paid for the debt and
the amount it gets from the debtor. Agencies want quick money with
the least effort, so if it can make one phone call or write one
letter and get more money for the debt than they paid for it, they
will do it.
Asked in Auto Loans and Financing, Repossession, Personal Finance, Loans, Debt Collection, Money Management
If banks writes off loan can they collect in Maryland?

Charged off accounts can still be sold to third-party debt
collectors for collection. Nothing precludes them from attempting
to collect on a charged off account. The collection agency that is
contacting you would have to be licensed in the State of Maryland
to conduct business. You can obtain licensing information on the
Maryland Commissioner of Financial Regulation website.
Asked in Credit and Debit Cards, Income Garnishment
Do collection agencies usually garnish wages?

Collection agencies are usually retained by the establishment
that you owe the defaulted debt to, if the borrower ( person in
debt) does not want to work with the collection agency handling
their debt, the collection agency will then document the account as
a refusal then send the account back to the original lender then
they will garnish your wages until the life of the loan is paid
off.