Collection Agency
Definition
A collection agency is a business that pursues payments on debts owed by individuals or businesses.
Detailed Explanation
A collection agency, often functioning as a third-party entity, specializes in debt collection. These agencies are typically hired by creditors, such as banks, credit card companies, or healthcare providers, when their attempts to collect outstanding debts internally fail. The primary role of a collection agency is to pursue and recover funds owed on delinquent accounts, which are accounts that have not been paid within the agreed time frame.
There are two primary types of collection agencies: first-party and third-party. First-party agencies are often subsidiaries or departments within the creditor's organization, working closely with the debtor from the outset of the debt. On the other hand, third-party agencies are separate entities hired by a creditor after the debt has remained unpaid for a significant period. These agencies operate on a fee or a percentage of the recovered debt.
The methods used by collection agencies can vary, but they typically involve sending letters, making phone calls, and reporting delinquencies to credit bureaus. Collection agencies must adhere to legal guidelines, such as those outlined in the Fair Debt Collection Practices Act (FDCPA) in the United States. This act prohibits practices such as harassment, use of false statements, and other unfair practices.
However, the involvement of a collection agency can negatively impact a debtor's credit score and report. It is often in the best interest of the debtor to settle debts before they are transferred to a collection agency.
For federal student loans specifically, debt collection is handled by the student loan servicer, and then is transferred to the Department of Education's Default Resolution Group. This is a first-party collection agency that handles all types of federal student loans.
Example
John Doe has an unpaid credit card bill of $5,000. After several reminders from the credit card company, the debt remains unpaid for six months. The credit card company then hires XYZ Collection Agency to recover the debt. XYZ contacts John, outlining the debt details and the necessity of repayment (also known as collections).
Key Articles Related To Collection Agency
Related Terms
- Credit Report: A detailed report of an individual's credit history, prepared by a credit bureau, which creditors use to assess a borrower's creditworthiness.
- Credit Score: A numerical expression representing an individual's creditworthiness, based on an analysis of their credit files.
- Debt Recovery: The process by which a creditor attempts to recover funds that have been unpaid after extended delinquency.
- Delinquent Account: An account that has not been paid on time and is overdue for payment.
- Fair Debt Collection Practices Act (FDCPA): A U.S. federal law that aims to protect consumers from abusive, deceptive, and unfair debt collection practices by debt collectors.
Frequently Asked Questions
What is a collection agency?
A collection agency is a company hired to collect unpaid debts on behalf of creditors.
Can a collection agency sue me?
Yes, a collection agency can sue for unpaid debts, but they must follow legal procedures and cannot threaten or harass you.
How does a collection agency affect my credit score?
Involvement of a collection agency often leads to a negative entry on your credit report, which can lower your credit score.
What rights do I have when dealing with a collection agency?
Under laws like the FDCPA, you have rights such as protection from harassment, the right to verify the debt, and the right to dispute incorrect debt information.
Can I negotiate with a collection agency?
Yes, you can often negotiate the repayment terms or even settle for less than the full amount owed.
Editor: Colin Graves Reviewed by: Chris Muller
