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When will a office seek services from a collection agency?

Updated: 8/17/2019
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15y ago

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Creditors' collection policies differ widely. Generally, most businesses prefer to send defaulted accounts before the end of the fiscal year. Some businesses have collection agencies on retainer or have contract agreements in place so will send accounts as soon as they are 30, 60, 90, or 120 days delinquent. Other prefer to try to handle matters in house until it becomes apparent legal action must be taken to recover the debt. Your best course of action would be to ask the original creditor directly.

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If the person has made an agreement to render payment and then defaults, the agency will probably initiate legal proceedings. The majority of CA's are not attorney's and therefore cannot themselves enter into litigation. They usually refer the account to a collection attorney who will then file a lawsuit against the debtor. The lawsuit must be filed in the debtor's state of residency and the state statutes will apply to all legal procedures. There are however collection agencies/law firms who now have the ability to file for arbirtration, the debtor/consumer should be very cautious in either case and if possible seek legal counsel. If the agency feels the debtor is "judgment proof" they may return the account to the original creditor who will then decide to resubmit for collection or close the account as uncollectible debt. macky83@juno.com