Not logged in? Join one of the bigest Law Forums on the Internet! Join Now!   Latest blog post: Research Law Professors Before Choosing Law Schools

Advertisments:




Sponsor Links:

Discount Legal Forms
Discounted Legal Texts


A Debt Collector Has Offered To Take A Partial Settlement On A Debt, Does Accepting This Hurt My Credit?

Dealing with a class action? Discuss it here

A Debt Collector Has Offered To Take A Partial Settlement On A Debt, Does Accepting This Hurt My Credit?

Postby nissim42 » Wed Jan 29, 2014 8:42 pm

I owe a company some money, they offered to take a settlement that was lower than the amount I owe. If I take up this offer will it hurt my credit?
nissim42
 
Posts: 14
Joined: Thu Mar 31, 2011 10:31 pm
Top

A Debt Collector Has Offered To Take A Partial Settlement On A Debt, Does Accepting This Hurt My Credit?

Postby Abran » Sat Feb 01, 2014 9:13 am

kevin104 said: 1 Ckott72, regarding your answer "Not as bad as an uncollected debt, but it's still a headache.":Thanks for the great response, it answered my question and then some! 84 months ago
Abran
 
Posts: 18
Joined: Fri Jan 03, 2014 3:08 am
Top

A Debt Collector Has Offered To Take A Partial Settlement On A Debt, Does Accepting This Hurt My Credit?

Postby Chess » Sat Feb 01, 2014 12:14 pm

In my undergrad days, I worked for one of the(then) main three credit bureaus, in the reports department.  We took all the raw data on a person, and produced a report to home mortgage lending companies.   Make sure you get in writting what ever they're offering.  Then, once paid, get that in writting.   In my  experience, an uncollected debt of greater than $15 would go on your report as exactly that: a current, uncollected, defaulted loan.   If on the other hand, you reach an agreement with the holder of the debt, it will be listed as bad debt that has been taken care of.  They'll report that the debt has been forgiven.  This makes you look more responsible to any new would be creditor.  Once it's paid off, the clock starts on when it can no longer be listed on your report.  While it is true that the clock started as soon as you first defaulted, creditors sell debt to each other, and start the clock over each time it's sold.  This is(or at least used to be) illegal, but they do it anyway.   Now for the bad news.  The collector is supposed to report that your debt is paid off the next time they update their database with the credit bureau.  Collectors don't need to have a relation with these bureaus, so often never report that the debt has been paid.  You will probably have to order a credit report after paying the debt.  Wait 3-6 months, and then challenge the debt.  The reporting agency will investigate.  When they find that the debt is paid, or if they can't find anyone to say they are still owed money, it is removed from a current debt status.   The next big hiccup.  The credit bureaus(reporting agencies) don't communicate with each other in any kind of streamlined fasion.  So, if one of them takes too long to clear the matter, they may update with one of the others when someone runs your credit(think of all the card offers that you don't ask for).  This update might put the debt back in the current status accidentally.  Also, any company that ever held this debt might also keep updating the debt too.  You'll need to contact each of these companies directly if this is the case.   Now for the slightly good news.  Many people(myself included) pay the collector, they report it, and pretty soon everything is fine.  Because of fair reporting laws, you do have legal recourse if this debt keeps showing up through no fault of your own.  Collectors don't care if you try to sue them, it happens too often.  However, reporting agencies don't like it.  They might not be very helpful at first, but if they receive even a letter from a law firm, they'll usually jump to fix the problem.  And a letter won't cost you that much.   Paying the debt will improve your credit standing, especially if they are the original holder of the debt.   BTW, using a third party company to consolidate debt and lessen the total load, will hurt your credit... a lot... for many years to come.  If you can, just pay the company that you owe whatever they'll settle for.  That is the best choice for your credit.
Chess
 
Posts: 11
Joined: Thu Jan 23, 2014 1:49 am
Top

A Debt Collector Has Offered To Take A Partial Settlement On A Debt, Does Accepting This Hurt My Credit?

Postby Adaiah » Fri Feb 07, 2014 3:36 pm

Ckott72, regarding your answer "Not as bad as an uncollected debt, but it's still a headache.":Thanks for the great response, it answered my question and then some!
Adaiah
 
Posts: 12
Joined: Fri Jan 03, 2014 4:07 pm
Top

A Debt Collector Has Offered To Take A Partial Settlement On A Debt, Does Accepting This Hurt My Credit?

Postby Rorke » Sat Feb 08, 2014 2:43 am

This is a tough answer Working for lawyers(or as I called liars) for 20 years. I've taken a many a partial settlement. First of all when it gets this far your credit score is already affected. Depending where it is in collections,the company has already wriiten this off. They have added collection costs and possibly attorney fees. After the settlement its marked as a sif or settled in full. Your credit still shows a balance remaining but,it cant be collected since you settled it. The only way it can be done is to pay it in full and even then,the company doesnt have to change your rating. Its probably what you didnt want to here but,its better than getting a judgement against you. Good Luck semperfibulldog 84 months ago Please sign in to give a compliment. Please verify your account to give a compliment. Please sign in to send a message. Please verify your account to send a message.
Rorke
 
Posts: 13
Joined: Thu Jan 30, 2014 3:25 pm
Top

A Debt Collector Has Offered To Take A Partial Settlement On A Debt, Does Accepting This Hurt My Credit?

Postby Alric » Sun Feb 09, 2014 8:03 am

Working for lawyers(or as I called liars) for 20 years. I've taken a many a partial settlement. First of all when it gets this far your credit score is already affected. Depending where it is in collections,the company has already wriiten this off. They have added collection costs and possibly attorney fees. After the settlement its marked as a sif or settled in full. Your credit still shows a balance remaining but,it cant be collected since you settled it. The only way it can be done is to pay it in full and even then,the company doesnt have to change your rating. Its probably what you didnt want to here but,its better than getting a judgement against you. Good Luck
Alric
 
Posts: 11
Joined: Wed Feb 05, 2014 11:56 am
Top

A Debt Collector Has Offered To Take A Partial Settlement On A Debt, Does Accepting This Hurt My Credit?

Postby delrico » Sun Feb 09, 2014 5:17 pm

According to this advice guide from realtor.com, while partial settlements themselves are not an automatic hit to your credit, your credit patterns after the fact will make a difference.For example, if you take a partial settlement and immediately turn around and try to open new lines of credit for high amounts, then this will be a negative, as it would be seen as somewhat irresponsible behavior. They recommend that once you take the partial settlement and clear the bills up, you should close other open but unused accounts.They do recommend that you keep one or two cards and use them in a limited way to help re-establish your credit by proving yourself responsible.So, as long as you don't abuse the ability to take the settlement and keep your other credit in good shape, you will not suffer a hit on your credit.
delrico
 
Posts: 13
Joined: Fri Apr 01, 2011 8:04 pm
Top

A Debt Collector Has Offered To Take A Partial Settlement On A Debt, Does Accepting This Hurt My Credit?

Postby Tyrell » Wed Feb 12, 2014 2:43 pm

In most cases, no, but there are further steps to take. According to this advice guide from realtor.com, while partial settlements themselves are not an automatic hit to your credit, your credit patterns after the fact will make a difference.For example, if you take a partial settlement and immediately turn around and try to open new lines of credit for high amounts, then this will be a negative, as it would be seen as somewhat irresponsible behavior. They recommend that once you take the partial settlement and clear the bills up, you should close other open but unused accounts.They do recommend that you keep one or two cards and use them in a limited way to help re-establish your credit by proving yourself responsible.So, as long as you don't abuse the ability to take the settlement and keep your other credit in good shape, you will not suffer a hit on your credit. Sources: http://finance.realtor.com/homefinance/Credit/Bankruptcy.asp?lnksrc=FINAICRART014&poe=homestore newbie772055 84 months ago Please sign in to give a compliment. Please verify your account to give a compliment. Please sign in to send a message. Please verify your account to send a message.
Tyrell
 
Posts: 7
Joined: Tue Jan 07, 2014 11:59 am
Top

A Debt Collector Has Offered To Take A Partial Settlement On A Debt, Does Accepting This Hurt My Credit?

Postby Godfrey » Wed Feb 12, 2014 8:53 pm

Not as bad as an uncollected debt, but it's still a headache. In my undergrad days, I worked for one of the(then) main three credit bureaus, in the reports department.  We took all the raw data on a person, and produced a report to home mortgage lending companies.   Make sure you get in writting what ever they're offering.  Then, once paid, get that in writting.   In my  experience, an uncollected debt of greater than $15 would go on your report as exactly that: a current, uncollected, defaulted loan.   If on the other hand, you reach an agreement with the holder of the debt, it will be listed as bad debt that has been taken care of.  They'll report that the debt has been forgiven.  This makes you look more responsible to any new would be creditor.  Once it's paid off, the clock starts on when it can no longer be listed on your report.  While it is true that the clock started as soon as you first defaulted, creditors sell debt to each other, and start the clock over each time it's sold.  This is(or at least used to be) illegal, but they do it anyway.   Now for the bad news.  The collector is supposed to report that your debt is paid off the next time they update their database with the credit bureau.  Collectors don't need to have a relation with these bureaus, so often never report that the debt has been paid.  You will probably have to order a credit report after paying the debt.  Wait 3-6 months, and then challenge the debt.  The reporting agency will investigate.  When they find that the debt is paid, or if they can't find anyone to say they are still owed money, it is removed from a current debt status.   The next big hiccup.  The credit bureaus(reporting agencies) don't communicate with each other in any kind of streamlined fasion.  So, if one of them takes too long to clear the matter, they may update with one of the others when someone runs your credit(think of all the card offers that you don't ask for).  This update might put the debt back in the current status accidentally.  Also, any company that ever held this debt might also keep updating the debt too.  You'll need to contact each of these companies directly if this is the case.   Now for the slightly good news.  Many people(myself included) pay the collector, they report it, and pretty soon everything is fine.  Because of fair reporting laws, you do have legal recourse if this debt keeps showing up through no fault of your own.  Collectors don't care if you try to sue them, it happens too often.  However, reporting agencies don't like it.  They might not be very helpful at first, but if they receive even a letter from a law firm, they'll usually jump to fix the problem.  And a letter won't cost you that much.   Paying the debt will improve your credit standing, especially if they are the original holder of the debt.   BTW, using a third party company to consolidate debt and lessen the total load, will hurt your credit... a lot... for many years to come.  If you can, just pay the company that you owe whatever they'll settle for.  That is the best choice for your credit. Ckott72 84 months ago Please sign in to give a compliment. Please verify your account to give a compliment. Please sign in to send a message. Please verify your account to send a message.
Godfrey
 
Posts: 11
Joined: Sun Jan 19, 2014 7:02 pm
Top


Return to Class Action

 


  • Related topics
    Replies
    Views
    Last post