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Most Collection Agencies are Bottom Dwellers
Debbie made a mistake when she was in college.
As
a student in Fort Worth, Texas, she maxed out a Citibank credit card with a $300
limit and never paid the bill. Debbie said Citibank charged off the debt
sometime between 1987 and 1989, and the liability has long since disappeared
from her credit report.
Besides that, the statute of limitations -- the
amount of time a creditor can sue over an old debt -- expired in the early
1990s. Both her old home state of Texas and her current state of California
generally prohibit creditors from suing once a debt is more than four years
old.
That’s why she was stunned when a collection agency called her last
summer, demanding she pay the 17-year-old bill. The calls have continued off and
on since then, along with monthly bills listing varying amounts that the
collection agency wants her to pay.
“The last time
[they called], I told them the statute of limitations had run out on the debt
and to stop harassing me,” Debbie said. “They said it hadn't. I finally had to
hang up on the man.”
There’s money in old
debt A decade ago, most people who reneged on debts could rest easy
after several years passed, since few creditors tried to collect on old bills,
particularly for small amounts.
Today, however, collecting on old debts
is a rapidly expanding industry. Aggressive companies can buy charged-off credit
card accounts from the original lenders for pennies on the dollar. Then, they
use credit scoring and other new technologies to identify which debtors are most
likely to pay. The players in this “junk debt” market range from fly-by-night
outfits to well-established companies funded by Wall Street
investors.
It’s a business that barely existed 10 years ago. In the last
three years, it’s been growing at a 30% annual rate, according to credit
industry analyst Sean McVity of Keefe, Bruyette & Woods. Among the signs of
the industry’s maturity:
- Four debt-buying companies have gone public in recent years, including Asset
Acceptance of Warren, Mich., which had its $150 million IPO in February.
- Some buyers have attracted major funding from investment banks such as Bear
Stearns and Goldman Sachs.
- Last year, more than $75 billion in old debts were sold.
| šThe biggest debt buyers |
| Debt buyer |
Headquarters |
2002 revenue |
Debt purchased* |
| Sherman Financial Group |
New York |
$325 million |
$7 billion |
| Risk Management Alternatives |
Duluth, Ga. |
$295 million |
Not available |
| Arrow Financial Services |
Niles, Ill. |
$156 million |
$2.9 billion |
| Asset Acceptance |
Warren, Mich. |
$101 million |
$5.2 billion |
| OSI Portfolio Services |
Duluth, Ga. |
$100 million |
$3
billion | | Figures are self-reported for 2002. *“Debt purchased” is
the face value of the accounts bought in 2002. Source: Credit & Collections
World.
The amount that companies pay for bad debt depends on the
type of account and its age. In general, McVity said:
- Debts that have recently been charged off: 6 to 7 cents on the dollar.
- Accounts that are slightly older and on which a collection agency or two has
already taken a whack: 1.5 cents to 2 cents on the dollar.
- Years-old, out-of-statute debts: A penny or less.
A growing number
of companies are discovering that these very old accounts, once thought to be
uncollectible, are just the opposite. Squeezing even a small payment from these
debtors can make collection activities worthwhile.
“The economics are
pretty simple. For $100 of (old debt), you pay 25 basis points -- a shiny
quarter,” said McVity, whose investment banking firm tracks debt-buying trends.
“If you get (the debtor) to pay you $1, you got your money and covered your
costs.”
Opportunity frequently turns into
abuse Where some are finding profits, though, others are spotting
abuses. Consumer attorneys say the explosive growth of this industry has led to
widespread violations of the federal Fair Credit Reporting Act and the Fair Debt
Collection Practices Act.
“I don’t advocate people not paying their
bills,” said Shreveport, La., lawyer David Szwak, who specializes in consumer
law. “But there’s an element of the debt collections field that is rabid.” Some
collectors, he said, “will go to any lengths to harass people and defraud
them.”
Among the worst practices attorneys have seen:
- Suing or threatening to sue over debts even though the statute of
limitations has long expired.
- Illegally “re-aging” debts on credit reports. The collectors tell credit
bureaus that an old debt is, in fact, a new one. The goal: To extend the
seven-year limit on reporting negative items and put more pressure on the
consumer.
- Promising to delete a negative mark from the consumer’s credit report in
exchange for a token payment. Not only does the collector fail to follow
through, but the payment can revive the statute of limitations and lead to a
lawsuit. Even if the collector does back off, the unpaid debt could be sold to
another company that might renew collection activity.
- Bait-and-switch credit cards. Some credit card companies have offered
borrowers low-rate credit cards and then tacked old, charged-off debts -- often
purchased from other lenders -- onto the balance. The card issuers typically
insist they disclosed that the old debts would come with the cards, Szwak said,
but the borrowers say no such disclosure was made.
- Verbally abusing and harassing consumers. My readers have reported being
cursed, berated and called repeatedly despite requests to stop -- all violations
of federal laws.
Mickey, a Virginia resident, said he was the target of
“colorful words” when he told a collection agency to cease bothering him about
an old debt. Mickey stopped paying on his $4,000 Discover card balance in 1994;
the account no longer appears on his credit report and the statute of
limitations ended years ago.
“They would usually start out with a normal
tone. . . . It went downhill fast,” Mickey said. “They were calling a couple of
times a day for awhile.”
Sometimes, it’s smarter
just to hang up Consumer advocates say this is exactly the kind of
behavior Congress and state lawmakers were trying to prevent when they put curbs
on collection behaviors such as statutes of limitations, the seven-year credit
reporting limit and prohibitions against abusive collection
practices.
“We don’t have debtors’ prisons,” Szwak said. “We have laws to
protect people from being harassed by debt collectors for the rest of their
lives.”
In fact, paying these old debts -- or even talking to the
collection agency about them -- can make a bad situation worse.
As
mentioned above, the smallest payment can revive the statute of limitations in
some states, leading to more aggressive collections and lawsuits. Even
acknowledging that the debt is yours can restart the clock in some
jurisdictions.
That’s why Robin Leonard, author of the “Money
Troubles: Legal Strategies to Cope with Your Debts,” advises consumers
simply to put the phone down and walk away if collectors call about an
out-of-statute debt. (This chart at
Bankrate.com summarizes state statutes of limitations, but details can vary
by state.)
Paying off can hurt your credit
score What’s more, paying an old debt potentially can wreak havoc on a
consumer’s credit score. Such a payment can update a delinquency so that it
looks more recent and takes a heavier toll on a credit score.
Paying the
debt is also no guarantee that the nightmare will stop. The collector may decide
that if you’re willing to pay at all, you could be made to pay more. Settling a
debt for a smaller amount than the collectors says you owe could result in
another agency trying to collect the unpaid portion. Or the collector might
inform the Internal Revenue Service (IRS) that you’ve received “income” in the
form of forgiven debt. (Yes, there are tax consequences to forgiven debt. See my
colleague Jeff Schnepper’s article "5 truly
nasty tax surprises.”)
Even if you manage to wrangle written promises
from the collector that none of the above will happen, you would have to be
willing to go to court if the agency reneged -- and possibly face an
unsympathetic judge or one who doesn’t know much about collections
law.
If you’re being contacted about an old debt, here’s what consumer
attorneys advise:
Know the statute of limitations. If you racked
up a debt in another state, you might want to check the statute of limitations
there as well. But generally, it’s the statute of your current state that
applies. If the statute has expired, the collection agencies’ legal remedies are
limited.
Know your rights. Credit and debt collections can be an
extremely complicated area of the law. Consider arming yourself with a book such
as Leonard’s “Money Troubles” and -- if the amounts at stake are considerable or
the level of harassment unbearable -- consider contacting an attorney. The National Association of Consumer Advocates can
provide referrals.
Consider ignoring the call. If the statute of
limitations has expired, Szwak said, put the phone down and walk away. There’s
little to gain and a lot to lose if you keep talking. You could inadvertently
extend the statute of limitations or find yourself roped into a repayment
agreement that might not be in your best interest. “The debt collector is a lot
smarter than (consumers) are, a lot more savvy,” he said. “They don’t have any
obligation to tell you your rights.”
Write them. If ignoring them
isn’t working, consider writing a letter demanding the agency stop contacting
you. Send it certified mail, return receipt requested. Federal law requires them
to comply with your request. Make sure in the letter you specifically say that
you aren’t acknowledging you owe the debt.
Negotiate
carefully. If the statute of limitations hasn’t expired, you may want to
negotiate a settlement rather than risk a lawsuit. (Again, a lawyer’s advice
could come in handy here.) Read “12 tips for negotiating with
debt collectors.”
Keep an eye on your credit report. If a
collection agency tries to repost an old debt or lie about the date it went
delinquent, you’ll need to fight back vigorously. Dispute the entry with the
credit bureaus and with the collection agency.
If the collector persists
in its deception, you can demand that the collector produce a copy of the
documentation that created the debt, such as the credit card agreement you
originally signed, along with an account history, said consumer attorney Daniel
Edelman of Chicago. Chances are the collector won’t have this documentation, and
continuing to report the account without providing proof that you owe the money
is a violation of the Fair Debt Collection
Practices Act, Edelman said.
Again, an attorney experienced in debt
collection law might prove helpful in particularly difficult cases.
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