by Crdtadvisor » Wed Nov 04, 2009 07:20:27 AM
Here's the scoop on collection laws if anyone is interested.
1) If you have a delinquent debt of any kind that's been sent to collections you are obligated by law to communicate with the collection agency. It can be by letter, email, or phone, but you must keep an open line of communication.
2) If you do not do so, they are aloud to contact your work, your family and whoever they feel necessary in order to get in touch with you. However, they cannot disclose the purpose of their call to anyone but you.
3) The collection agency won't do anything to you but try and offer you solutions on how to pay off your debt. If you want to get your debt paid off but just don't think it's possible. Call them up and ask them for suggestions, they are required to offer multiple solutions to your problem.
4) If you simply never make a payment then the bank will destroy your credit rating. No matter how small your debt is, the bank will make sure that noone lends you money for the next 7 years.
5) if you never make a payment and your debt is over a certain amount. This varies from company to company. But I'd say $4K. If you owe over $4K and you simply refuse to pay it, then I would say you are 99% likely to be sued. This means you will have a Judgment on your credit report, which is pretty much equal to bnkrptcy, only instead of not having to pay, the bank reserves the right to garnish your wages, take money directly from your account and repo your house, cars and whatever valuables you own in order to recoup the debt.
6) The only way to avoid this without paying your debt is to basically go off the grid. That means if you work it has to be under the table, and you and your spouse cannot own anything in your name or his/hers. Another way to avoid this would be to leave the country and never come back.
Believe it or not, that is very common.
The best advice I can give you is to offer a settlement. Depending on how far gone your debt is, it's almost always more financially smart for the collection agency to accept a settlement then to sue you.