Creditor
- Financial Term Glossary
- Collection Agency
Collection Agency
Collection agency summary:
A collection agency is a company that tries to persuade people to repay or renegotiate past-due debts.
Some collection agency teams work with the original creditor, while others are debt buyers who purchase charged-off debt for pennies on the dollar.
If you’re contacted by a debt buyer collection agency, you have additional rights under the federal Fair Debt Collection Practices Act (FDCPA).
Collection Agency Definition and Meaning
A collection agency is a company that earns money by getting people to pay overdue debts. When people fall behind on their bills, such as loan payments, credit cards, or medical bills, sometimes those debts can “go to collections” by being assigned to (or sold to) a collection agency.
Collection agencies often work with a creditor like a bank or a credit card company to collect debt that is owed to that creditor. But if these overdue bills go too long without being paid, the overdue debt sometimes gets “charged off” (written off as a loss) by the original creditor and sold to debt buyers.
Collection agencies sometimes use high-pressure methods or unscrupulous tactics to persuade people to pay their bills. But being contacted by a collection agency doesn’t mean you did something wrong, or that you’re in trouble. The collection agency might be easy to work with, and help you set up a payment plan, or agree to settle the debt for less than the full amount you owe.
Even if you owe money to a collection agency, you have legal rights and options for navigating the debt collection process and resolving the debt.
Types of Collection Agencies
There are a few types of debt collectors. They can all be called collection agencies. Your experience might be different based on the type of collection agency that contacts you:
Internal collection department: Some banks, credit card companies, and other big creditors have teams of employees who work as the in-house collection department. This internal team of debt collectors might contact you by phone or in writing to ask about overdue bills or unpaid debts.
Assigned collection agency: Some collection agencies work with creditors to collect unpaid debts. You still owe the debt to the original creditor. But you might hear from a third-party company that’s been hired to try to create a repayment plan or otherwise negotiate the resolution of your debt.
Debt buyers: If you have a debt that goes unpaid for too long, it might become a charge-off. This means that your creditor has decided to write off the debt as a loss, and has sold your debt to a debt buyer, often for pennies on the dollar amount of the original loan. When this happens, the debt buyer collection agency becomes the owner of the debt. You no longer owe money to the original creditor.
Collection Agency Key Attributes
The type of collection agency that contacts you about your debt affects your rights as a borrower, and your options for negotiating or resolving your debt:
Original creditor: When your original creditor is paying the collection agency to collect, the agency is considered the original creditor.
Debt buyer: If the collection agency is a debt buyer who purchased the right to collect your debt, different rules apply. This type of collection agency is covered under the Fair Debt Collection Practices Act (FDCPA). As a borrower, you have rights under the FDCPA to verify your debt, ask the debt collector to stop contacting you, dispute the debt, and more.
Collection Agency FAQs
What is the difference between an original creditor and a credit card debt buyer?
The original creditor is the individual or company you borrow money from, like your bank or credit card company. Original creditors typically try to contact you for several months once you start missing payments. If unsuccessful, they may take you to court, send your account to a collection agency, or sell your account at a discount to a debt buyer.
Debt buyers purchase past-due accounts and get to keep whatever they can collect from you.
Collection agencies can be hired to collect past due accounts for original creditors, or they may function as debt buyers.
Does enrolling in a debt relief program stop collection calls?
No. A debt relief company can’t make your creditors stop trying to collect. If you stop making payments to save for a debt settlement offer, your primary creditors will probably call you. Some may agree to hold off on suing you if they know you’re in a debt settlement program.
Once you or your debt settlement company reaches a settlement with your creditor, the debt is behind you and you won’t get collection calls about it again.
You can stop calls from debt collectors by asking them to stop and following up with a cease-and-desist letter. If a debt collector continues to call after that, it's a violation of the Fair Debt Collection Practices Act (FDCPA), and you could sue the collection agency for damages. The rule doesn't apply to the original creditor. In many states, your original creditor can call you whether you like it or not.
How to get debt collectors to stop calling my family?
You might be shocked if a collection agency contacts your loved ones, but collection agencies are legally allowed to do this. The Fair Debt Collection Practices Act (FDCPA) allows debt collectors to contact people you know to find your address, phone number, or workplace. Collection agencies might track down your relatives or friends on social media or via sites that publish addresses and phone numbers.
There are limits on what a collection agency can say to your family. Unless a collection agency is contacting your spouse, your executor, guardian, administrator, or attorney (or your parents, if you're a minor), debt collectors can't disclose that they are calling about a debt. Debt collectors also can't disclose that they are working for a collection agency unless your relative or friend asks them who they work for. Debt collectors can't ask your loved ones to pay your debt. They can't threaten to tell your family about the debt to shame you into paying it. And they can't continue to call your family once they have made contact. All of those tactics are illegal, and you can sue if a debt collector breaks the law.
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