With the recent mortgage debacle and the subsequent tightening of available credit - it's no wonder that more and more lenders, hospitals, and landlords are turning their focus to collections in an effort to recoup some of their losses.
In the past twelve months I've seen a drastic spike in consumer complaints about collection agencies and their strong-arm tactics. Unfortunately, with the current economic downswing and the constant murmurs of a recession looming ahead, it's only going to get worse. You need to know how to help your clients avoid collections before they happen - and how to deal with them if they do.
Collections will have a serious negative impact on your client's credit reports and credit scores. They are never good and should be avoided at all costs because they are next to impossible to get removed.
But before we delve into how to handle collections, let's clarify what a collection is and how the system works. A collection is an action taken by a lender (or service provider) in an attempt to collect an unpaid or delinquent debt. Some lenders will use their own internal collection departments while others will outsource debts to a 3rd party collection agency.
Either way, the collector's primary task is to convince debtors to pay up.
Collection agencies work with lenders and service providers in two different ways. The first way is for the agency to buy the bad debt so that they own it outright. In all cases collection agencies purchase these debts for much less than the amount owed - usually pennies on the dollar. Another option is for the lender to consign the account to the collection agency. With this option, the lender agrees to pay the agency a percentage of whatever amount their collectors are able to recover. This percentage can vary, of course, but I've seen as high as 50% in some cases.
Once the collection agency takes over the account, they give financial incentives to their agents by rewarding them with bonuses if they are able to collect most - or all - of the outstanding debt. The more the agent is able to collect, the more money they get to put in their own pockets. Unfortunately, this can lead to some pretty ruthless and unethical collection practices.
Avoiding collections before they happen:
The easiest way to avoid a collection is for your clients to pay their bills - and pay them on time. Sometimes this may mean laying aside their pride and paying a bill that they don't necessarily agree with just to avoid it going into collections.
If they don't agree with a charge or feel that they've been treated unfairly by a provider - utility company, cell phone company, doctor, dentist, etc. - withholding payment isn't a wise option. Eventually the service provider will turn the account over to a collector and when they report it in your client's credit report; it will negatively impact their credit for up to seven years.
I can't tell you how many times I've heard from disgruntled clients that refused to pay a bill 'on principle' and then ended up with a $72 collection on their credit reports. It's just not worth the damage it causes. In the long run it's just better for them if they bite the bullet and pay the bill.
When a collection is unavoidable:
We all know that life can throw your clients a curve ball when they least expect it - a job loss, death in the family, unforeseen illness, etc. In these cases, it may be impossible to avoid a collection. If they already have a collection, here are some very important things you should know about:
1. Fair Debt Collection Practices Act. Know their rights as outlined in the Fair Debt Collection Practices Act. If they have a collection and have been contacted by a collection agency, they only have 30 days to dispute the debt or to request the collector to validate the debt. They also have rights that protect them from harassing and unethical collectors. To read a summary of their rights, go to http://www.ftc.gov/os/statutes/fdcpajump.shtm.
2. Statute of Limitations. A lot of consumers confuse the credit reporting statute of limitations with the statute of limitations to collect a debt. In many cases the statue of limitations to sue for contract debt can be much longer than the debt can legally be reported to the credit bureaus. The debts are certainly still collectable, just not reportable. If they have a collection that is close to being removed because of the statute of limitations - 7 years - and they are able to pay it or settle it, have them do so. Collectors are suing to collect their funds more than ever and as I mentioned earlier, it's only going to get worse.
3. Don't ignore the collection! Recently I heard a very well known and highly respected consumer advocate celebrity advising people to ignore collectors if they don't have the money to pay. This is probably the worst advice to follow when dealing with collections. Communication is vital. Avoiding collections does not make the collection or the bill collectors go away. In fact, the collection agency will most likely end up suing you if you owe them over $1,500, and possibly garnishing their wages or filing suit against them. Ignoring them won't stop the process; it will only make it much worse and more expensive in the long run.
4. Paying "In Full" vs. Settling. I always advise clients to pay a collection, or at the very least to try settling with the collector. Remember, the collection agencies pay pennies on the dollar for these accounts. Your clients should try to negotiate and settle the debt for as little as possible. They can start by suggesting 20% of what they are asking and go up from there. Keep in mind that your clients are dealing with professional collectors. They're going to push for them to pay it all up front rather than a payment plan because they want to get their commission sooner rather than later. Don't let them push your clients into something they can't do - structure a deal that works for your clients, not for them. When they do come to an agreement, get it in writing before they make the payment. But always remember…they are not lenders. They don't have to set your clients up with a payment plan. Their attitude is "hey, you already had your chance to make payments to the creditor and you screwed that up. So why should I trust you?"
5. Pay for removal. Some shady collectors will tell your clients whatever they want to hear if they think it will help them get them to pay the debt. If they offer to remove the collection from your client's credit reports in exchange for payment, they shouldn't believe it unless they get it in writing first.
The credit bureaus have strict policies regarding collections. The only way a collection will be removed is if it is an error or if the statute of limitations for reporting has expired. Think about it this way, if the credit bureaus removed a collection just because it was paid, how accurate would their reporting system be? Did the collection exist? Absolutely! If they were to remove the collection it would dilute the value of their credit reports. This is why the credit bureaus will not honor those pay for removal deals. Don't let your clients fall for it unless they have it in writing to back it up if the collector tries to renege on the deal.
To Summarize:
Your client's best option is to avoid collections all together. However, if a collection is unavoidable, the next best thing is to minimize the damage by having them pay it or settle it as quickly as possible. Be sure to tell your clients to get everything in writing, including a receipt, and make sure that the collection agency updates the account as "paid" in their credit reports.
By: Edward Jamison, Esq.
