If you’ve been behind on your bills lately, you may have gotten a letter in the mail telling you that your debts, like payday loans or installment loans, have been sold to another company. Your past-due debt has likely been sold to a collection agency. Most likely, you’re not the only one. More than two-thirds of Americans (28%) have at least one debt that is being collected. 1 Most creditors do not pass off your unpaid debt to a collection agency until it is many months past due.
Once you are a couple of months past due on your payment plan for a loan, your utilities, or a credit card, creditors will begin making phone calls to get you to pay your delinquent debt. And usually, after another three to six months, the phone calls may stop. However, this doesn’t mean you are off the hook.
If your unpaid balance is sold to a debt collection agency, you may not have to deal with the original creditor anymore. But you can be sure that the debt collectors will not stop until you pay what they’re owed.
We understand it may be nerve-wracking to navigate dealing with third-party collection agencies, especially during financial hardship, which is usually the cause of unpaid debts. Additional resources and education might be helpful in getting through this difficult time.
If you owe money on a debt like a loan or credit card you may wonder if you’re still required to pay it if the original creditor sells the debt to a third party collector. This is a common situation that many consumers face. The short answer is yes you are still legally obligated to pay the debt even if it’s been sold. However, the details can be confusing, so let’s break it down.
How Debt Sales Work
When you take out a loan, open a credit card, or make any other type of credit agreement, you are entering into a contract with the lender or creditor You agree to repay the money you borrow under the specified terms.
Creditors will often sell your debt to a third party collector, usually for very little money, if you miss payments or stop paying all together. This is called debt sale or charge-off. The creditor no longer has to pay the debt and gets some cash from the collector. After that, the debt collector can try to get the full amount back from you as the debtor.
For example, you owe $10,000 on a credit card with Bank X. You stop making payments, so Bank X charges off the debt and sells it to Collection Agency Y for $2,000. You now owe the $10,000 to Collection Agency Y rather than Bank X. The original debt remains valid and enforceable.
Why Creditors Sell Debt
There are a few key reasons why creditors sell off defaulted debts
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Receive immediate cash flow – By selling to a collector, the creditor recoups a portion of the bad debt immediately as cash instead of waiting to see if the consumer will eventually repay. This improves their cash flow.
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Offload collection costs – Collecting on severely delinquent accounts takes considerable time and resources. Creditors would rather focus on their core lending business than debt collection. Selling the accounts removes this cost burden.
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Remove bad debts from books—Getting the loans that aren’t being paid back off makes the creditors look like they have more money. This keeps them from having to write off the whole bad debt as a loss.
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Improve recovery rates – Collectors specialize in pursuing debts aggressively. They might have a better chance of getting paid than the first creditor.
What Happens When Debt is Sold?
Here’s what you can expect if your debt is sold to a collector:
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You’ll receive a notice in the mail informing you that your account has been sold or transferred and providing the collector’s contact information.
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Your credit report will show the original creditor’s name, but payments will now go to the collector.
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The collector will start contacting you demanding repayment of the full original balance. They may offer settlement options for a portion of the amount.
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You are still protected by federal and state consumer protection laws regulating debt collection activities.
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You are still responsible for paying back the full amount according to the original credit terms.
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Interest and fees cannot be added by the collector unless specifically allowed in the original contract.
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The collector can continue reporting the debt to the credit bureaus if you don’t pay.
Your Rights and Obligations
Importantly, when your debt gets sold, you keep all the same rights and responsibilities as when you were dealing with the original creditor:
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You are still legally obligated to repay the debt under the original terms. Selling the debt does not erase what you owe.
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You have the right to request debt validation from the collector, requiring them to prove you actually owe the amount claimed.
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You can still dispute errors on your credit reports or directly with the collector.
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If you believe the debt is too old to be legally enforceable (time-barred), you can assert that defense against collection efforts.
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Any claims about the debt being “forgiven” or no longer owed just because it was sold are false. You still owe the money.
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If you negotiate a payoff settlement for less than the full balance, get the details in writing and keep records before paying.
Strategies for Dealing with Sold Debt
If you are contacted about sold debt, here are some tips:
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Verify it’s a legitimate collector and debt before paying anything. Confirm the original creditor’s name and account details.
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Ask for validation to ensure the amount is accurate. Collectors sometimes try to collect more than legally owed.
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Negotiate a settlement if possible. Collectors often accept less than the full balance as payment in full. Get any deal in writing.
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Consult a credit counselor if you’re struggling with debt payments. They can help manage collectors and create a repayment plan.
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Know your rights against harassment and false threats. Report illegal collection practices.
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Prioritize essentials like housing, food, utilities first if funds are tight. Don’t let collectors pressure you into skimping on necessities.
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Consider bankruptcy if your debts are totally unmanageable. This can eliminate certain debts entirely in some cases.
The bottom line is that while debt sales can feel threatening, you remain in control of the situation. Don’t panic, know your rights, and take proactive steps to reach a resolution. With the right approach, you can take on sold debt while protecting your overall financial health.
What Are Your Rights?
You have a right to dispute debts sold to debt collection agencies within 30 days if you believe they are not legitimate. If consumers dispute a debt, collection agencies must respond with a written verification before attempting to reach you again. This verification can be a copy of a bill with the company names mentioned of the original creditor and the amount of total debts you owe.
Before interacting further with the debt collectors, read up on the legal information provided in the Fair Debt Collection Practices Act so that you can know what kind of practices you can expect and what type of conduct should be reported.
How Debt Collectors Impact Your Credit Score
Unfortunately, no matter how you slice it, an account with a debt collection agency looks bad on your credit report. There are many consequences of bad credit. Once your debt has been sold to a collection agency, the account will appear as a derogatory mark on your credit report. This will tarnish your credit history and bring down your credit scores significantly.
Having debt in collections is one of the most damaging items you can have on your credit report and a part of your credit history. The severe impact that debt collection has on your credit scores can take years to reverse, which is why it is so important to try to get current on debts before they get to that point.
If your debt has already been sold to a debt collection agency, the effect it has on your credit report will diminish as time goes on. However, it will not fall off all of your credit reports until seven years have passed.
Do NOT Pay Collections Agencies | Debt Collectors EXPOSED
FAQ
Can you dispute a debt if it was sold to a collection agency?
Yes, you can dispute a debt even if it has been sold to a collection agency. It’s just as easy to dispute a debt with a collection agency as it is with the direct creditor.
Do you still have to pay if a creditor sells your debt?
Yes, if a creditor sells your debt, you are still obligated to repay it. The new owner, often a debt collection agency, assumes the rights to collect the debt.
What to do when debt has been sold?
Yes, you can dispute any debt that’s been sold to a debt collector. The Fair Debt Collection Practices Act (FDCPA) grants you the right to request verification of the debt and dispute it if you believe there are errors or discrepancies — and it’s often a smart move to do so.
Can I be sued for a debt that was sold?
Only debt collectors that own delinquent accounts are allowed to bring a lawsuit. A debt collector usually owns a debt when they buy the right to collect on an account from the credit card company or another unsecured creditor.