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According to the "Fair Debt Collection Practices Act", a collection agency must submit to you in writing who the original creditor was, the original creditors contact information (if account was sold who owns the account now), and the amount owed. After you request this information, they must send the information to you via letter. You also have rights that state the collection agency must not threaten you in any way. If they do, you can prosecute.
Additional Iformation
You have rights, but you are still responsible for your debts. If you refuse to pay the debt, whether you think you have a valid reason or not, the collection agency has a right to get a judgment and garnish your wages or bank accounts. Having had something repossessed does not mean that it was "taken care of." It was your responsibility to make sure your name was cleared rather than just assuming that it was. If the furniture had decreased in value from normal wear and tear, it is very likely that you owed more on it than it was worth at the time it was repossessed.
Most collection agencies train their employees in collection laws and they know what they're doing. Nobody likes a bill collector, but we all know that they're necessary.
Clarification: Of course, only the original creditor or their assigned legal agent (a lawyer, NOT a collection agency) can get a judgement against you. A non-lawyer collection agency can NOT get a judgement against you because they cannot threaten to sue you. Read the Fair Debt Collection Practices Act which you can get from the Federal Website (see links below). If something was repossessed, and someone is still trying to collect on it, check with a lawyer. The circumstances vary too much to be answered here without getting bogged down and missing the point of the original question.
Remember, while collectors train their people in the law of collection, they also teach them how to skirt the laws that they think people are unfamiliar with.
Individual States
Each state has a statute of limitations (SOL) for debts incurred. If your debt is outside the SOL then you are not legally required to pay it. Period. A debt outside the SOL is an affirmative defense in a lawsuit.
Rights are retained in writing only. Do not settle for telephonic exchanges, decisions, or promises. Some states, particularly Ohio, have more severe rules regarding violations of the FDCPA.
Do not ignore the DC or the dunning letters. Some DCs follow the law, but your are responsible to ensure any contact with a DC is lawful. If they violate your rights, they sure won't sue themselves over it.
When dealing with collections agencies, make sure you are familiar with the Fair Debt Collection Practices Act (FDCPA) and the Fair Credit Reporting Act (FCRA), at minimum.
What else can I help you with?
How do you remove a paid collection from your credit report if you paid even though disputed and did not agree with it and provided proof to original creditor who still sent you to a collection agency?
Don't let a collection agency push you around. As a consumer you have many rights. The best places for anyone to exercise their rights are in small claims courts. For less than $100 you can bring a collection agency to their knees.
What is collection agency?
A Commercial Collection Agency is and agency that collects debt on behalf of their clients, same as a consumer collection agency, but a commercial collection agency collects business to business.
Are your rights the same if your credit card debt went to a legal firm and not a collection agency or is a legal firm considered a collection agency?
Yes, a collections law firm, is still defined under the FDCPA as a collector. They are required to follow the same regulations that apply to a regular collection agency.
Does a collection agency have to accept what you can afford to pay?
Absolutely not. You, as a debtor, do not get to set the terms of repayment. By the time the collection agency gets a case, typically, the entire balance is due at that point. The good news, however, is that when a collection agency sues you, a good consumer attorney can likely defend your rights with great success. For more answers to collection agency questions, please visit my website at www.gregartim.com
Is Credence a collection agency?
No, Credence is not a collection agency.
Does a medical company have to warn you that they plan to turn you over to a collection agency?
No - they will have notified you in reminder letters that they may do that if you continue to default on payments. When they actually instigate the action, they don't have to tell you they have done so - the collection agency will simply write to you - and tell you they've taken over the case, and all communication with the medical company must now stop, as you're now dealing solely with the collection agency.
How are work commercial collection agency?
The commercial collection agency is used in debt collection in the event a debtor fails to.
I have a medical bill for 168.00 that was sent to a collection agency after I made a payment. They are going to keep in the collection agency until my bill is paid off. This can not be right.?
If the bill was late enough to be sent to a collection agency, the collection of that bill has been turned over to that collection agency as well.
Can a collection agency sue you for money in any state How can they do that if the original company wrote it off Is this legal?
When you default on some debt, the original creditor writes it off. When they write it off, they usually sell it to collection agency. Since the collection agency bought it, it becomes theirs. If they try to collect and you don't pay, they can sue you. Learn your rights by reading up on the FDCPA.
Collection agency laws?
Collection agency laws vary by country and even within different regions or jurisdictions. Generally, these laws outline the rules and regulations that collection agencies must follow when attempting to collect debts from individuals or businesses. These laws often dictate practices such as permissible communication methods, disclosure requirements, prohibited tactics, and the rights of debtors. It is important for both debtors and collection agencies to be familiar with and adhere to the specific laws applicable to their jurisdiction.
What is commercial collection agency?
A Commercial Collection Agency is and agency that collects debt on behalf of their clients, same as a consumer collection agency, but a commercial collection agency collects business to business.
What is the population of Norwegian National Collection Agency?
Norwegian National Collection Agency's population is 2,005.
