Collection company's practices under fire Kansas.com

A company you never heard of may be getting ready to raid your bank account for money you may or may not owe it.

Midland Funding has filed more than 3,300 debt collection lawsuits in Sedgwick County in the past 5 1/2 years, totaling more than $7 million in claims.

It's part of a nationwide sweep by Midland of old and often written-off debt that has brought the company more than $1 billion in collections in just the past two years.

The majority of the local lawsuits result in default judgments in Midland's favor, because the defendants don't show up for court.

It is unclear how many of the no-shows knew they were being sued because Kansas law doesn't require proof that the defendants received the legal papers.

When it wins judgments, Midland usually seeks to get money from the alleged debtors by garnishing their bank accounts.

Midland is under fire in Minnesota and Texas, where the attorneys general have filed legal actions alleging that the company illegally mass-produced legal documents that defrauded debtors and hijacked the court system into serving as a collection agency.

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I have 5K debt. What is the lowest % that a collection agency settle a debt?

How low can a collection agency go to settle a debt considering today's job and financial market? 10%? FYI: I did a favor for someone and got tossed under the bus. I was a victim in the end. This is not debt from shopping or anything frivolous like that but I want to clear it. I have no other debt. I have no savings and lost my job.


Don't use your credit cards and be responsible.

Or not. Whatever.


Small Claims court ! and Now...If you can prove where the money went and that it went for the friends debt or whatever.
IN the end that is why you don't risk your good credit for anyone else. You are probably going to get stuck with it.
I would call and negotiate some kind of payment arrangement.


If you did a favour for someone, and they didn't meet their end of the agreement, you could consider small claims...

As for settling the debt, you'll have to talk to the agency - 10% is probably low. What you have to consider is what it would cost the agency to bring you to court.

Generally, they'll want to avoid doing that as they usually don't have a lot of information regarding the debt, and researching costs time and money. I'd say you can probably settle for 50%. If you start asking lots of questions on the debt, they may be ok with less. Talk to them and see what they say, you'll only know at that point what they are willing to accept.


Usually a collection agency has bought the debt for about 1/2 of its value. They will not settle for less than what they bought it for. If the debt is $2500 then the collection company will buy it for about $1250 then they will add penalties and interest making the debt $5000.

They will settle for $2500 cash in a one time payment or the full amount in a payment plan over time.


Well, it all depends on the agency and how old the debt is. A debt that's only a few months into collections, don't expect much, maybe 10 to 20% off. The longer it remains unpaid the more you're likely to get a better deal but you're also leaving yourself open to other possible action while you're waiting.
The lowest I've ever experienced is 50%.
Just ask and see what they can offer but only take what you can afford.
In the mean time, you should sue your "friend" to recoup your loss.
Why should they just get to walk away leaving you holding the bag?


you should consider small claims, but you will need to prove where the money went. it would also be much better if you had something in writing that said that this person was to repay you. otherwise, it might be hard to sell in court that this person was legally obligated to repay the debt. i'm assuming that only your name was on the account? if that is the case, you might be screwed. more info is needed on the nature of the debt. in order to win, you will need to have documentation and proof on your side. you might want to talk to a lawyer about this (you don't have to hire them, as most states don't allow lawyers in small claims anyways).

Do I have to pay a collection agency a debt that doesn't show on my credit report?

I have had two collection agencies recently try to settle debts with me that are very old and do not show on any three of the credit agencies' reports. Do I have to pay them or are they just trying to make money off me? I have heard this referred to as "zombie debt." Thanks for your help.


What they are doing is buying debt that has passed the statute of limitations for pennies on the dollar in hopes of frightening you into collecting it. They will take you to court, you must show up and state the the statute of limitations has expired. (In most states 4-5 years) if you do not show up they win by default and you have to pay. The problem is most people do not show up and thus lose the case by default. That is how these leaches make their money. In addition they cannot add this item to your credit report. In simpler terms fight it, let them know you do not remember the debt, and in either case the statute of limitations would have expired, and if taken to court show up


Old debt you owed but they're trying to make money off of you?


NOT SURE??


Well although you may still owe the debt, you not ever be forced to pay it back. The usual consequence of not paying debt back is it tarnished your credit report and can prevent you from getting more credit or good rates. If the creditor never paid to have it on your credit report and you don't want to pay it theirs really nothing bad that can happen. Most states staues of limitations is 3-5 years. After that point they have no legal recorse to collect.


Pay them after you make an offer in full. Get it in wrtining


Just because a Debt doesnt show on your credit report since its so old doesnt mean you are free of it. yes they can still contact you to try and retrieve their money. Just send them a cease and desist letter


Just because it's not reported doesn't mean you don't owe it. If it's really old, it may not be reportable or be something they can sue over, but it's still a debt.


If the statute of limitations on the debt has expired, no one can legally collect it. Check to see if the SOL expired (it depends on what state you live in - it will be the later of the day the account went into default or the day the last payment was made).

What is the next step to take when you try to settle a debt with a collection agency and they do not respond?

I have a phone bill with BellSouth of TN that is in collections with CBCS. The bill is from 2002 and showed up on my credit report in 2005. I sent CBCS a settlement letter offering 25% of what I owed. They did not respond so I sent another letter offering the same a few months later. Again no response. I sent a third and final letter trying to settle and no response. I hunted their # down on the internet and called and they guy was very rude and said "No, were not gonna settle. CBCS does not settle!" Has any one else dealt with these people? Any suggestions? I really want this taken care of and off my credit report before next year because I'm going to puchase a home.


CBCS has purchased this debt. They own it. It will not help to contact the telephone company. The reason they will not settle with you is because this is considered a utility bill. Collection companies, even though they could, will not accept partial payments for old accounts. Occassionally, when the bill is very, very old they will accept a lesser amount. Your's is not terribly old. You could contact a supervisor and offer a larger amount, but I doubt that they will accept anything other than full payment or a payment plan. If you are purchasing a home next year, you need to get this resolved quickly. It can take 12 months for your credit score to get anywhere near normal after something like this. If your FICO score is too low, you'll end up paying a higher interest rate on your mortgage; that'll cost a heck of a lot more than an old phone bill. The paid in full will need to season on your credit report to get this off your back. Don't waste time disputing the debt if the account was in your name, regardless of the circumstances. If it was incorrect, it should have been disputed with the phone company back then, not now with someone who could care less. Be sure to get a paid in full receipt from CBCS. If they don't report it correctly, at least you'll have the receipt to show the underwriter when it was paid. They can manually underwrite your loan and adjust your FICO score appropriately, if needed, when the time comes. It is smart of you to think about this now. Next year is not the time to deal with this issue. Good luck, and happy house hunting.


pl. talk to a Social worker


Send all three credit bureau's a letter indicating that you have a discrepancy on your credit report and that you have tried on numerous times to settle the conflict. However, you received no response. Also send them copies of the letter you provided to the creditor. The creditors will investigate and contact the creditor on your behalf. If they don't get a response from the creditor, then they will remove it from your credit report.


A creditor has the right to refuse to settle for less than the full amount due, you owe the money. Pay it. Paying the bill in full will not remove the derogatory history from your credit report. It will only reflect it as "paid in full". The derogatory report will continue to impact your credit score although, once it is paid in full, your score will increase each month that there are not new delinquencies. If, for some reason, your non-payment was justified (i.e. a roommate stiffed you on their portion of the bill) you should submit a "consumer letter" to be included as a part of your credit report so that prospective lenders will understand the circumstances. In a borderline decision case sometimes it can make a difference. Underwriters are people too and they understand that sometimes we get into situations through circumstances that may be beyond our control.

You might try asking CBCS to delete their report to the bureaus (all three of them!) in consideration of your payment in full. They may not, but it doesn't hurt to ask.


Send a certifide letter stating to them you would like a letter back from them saying the bill is settled. At least you will have a signature stating they did receive a letter from you. You could try talking to a supervisor and asked them to fax you the settlement payment. I helped my fiance with this. He had an outstanding bill, but the company had been trying to get him for many years until they came up with a better settlement. He received a letter this week. Hope this help.


LC


25%.. so if the bill is 100.00, your only gonna pay 25.00. Don't you think you could come up with something a little more tangible. However if the bill is less than 50.00 just pay the 50.00.. Probably what I would do is contact Bellsouth and let them know what you have said. See if there is something you could work out with them. Or contact the credit bureau to dispute the claim. However, since you have sent them letters trying to resolve this matter... they have the evidence.


Call them back and ask to speak to a supervisor.When that person comes on the line make sure that you thank them in advance and that you really want to resolve this,they like that.Offer them 40% if they will not take it then offer to make payments but make sure you get a letter stating you are making payment.Remember most collection reps think they are a higher life form.Don't lose you cool.Good Luck


Always contact the collection service toward the end of the month. They work on commission, at the end of the month you are more likely to get a better settlement becasue they want to reach their quotas. I have a bill that was over 1300, they settled for 300. Not bad, saved me money and its not on my credit.
As far as the company you referred to no I have not dealt with them. Ask to speak to a supervisor then go from there. You were right to try using letters, did you send them certified? Sorry I am sure I did not help much witht his situation but maybe for a later time if this should arise again.


If you owe the money, you should pay it in full. If your goal is to improve your credit, then you must work with the collection agency. If you pay less than the amount owed, the agency can and will leave the account on your credit report showing a $200 original balance, $0 current balance and "settled for less than the full amount" on the trade line. If you pay the account in full, the collection agency may still leave the account on your credit report showing the $0 balance.

While you have a moral obligation to pay the account in full, if the agency is not willing to totally remove the account from your credit report, there isn't a whole lot to be gained by paying them.

Good luck!


Stay off of the phone with people. Paper trail, paper trail !!

Have you sent a debt validation letter to the collection agency?
If not, I would suggest that you do. Many people think that when they get a letter from a collection agency that the bill must be theirs, and the amount is the correct amount. That is not always true.

In many (if not all) states, a telephone bill falls under utilities for SOL, you need to check your state statutes since you may be out of SOL or close to it.

If this is the first collection agency to handle the account, they have probably purchased it for around .50 cents on the dollar, and that may be why they are refusing your offer. If it is the second or third collection agency (or junk debt buyer), they have probably paid less.

I would suggest that you send a debt validation, send it certified mail, return reciept. When you recieve the green card back, send a dispute to the credit bureaus. It is a violation if the collection agency verifies before sending you validation.

"If" they do properly validate the debt and you want to pay, you might try sending another pay for delete (PFD) letter. If they are the first collection agency, try for 60% of the "orginal amount". Include in the PFD that you are requesting that they will delete from your reports after payment. That they will not continue to collect. That they will not sell the debt or sell the remainder of the debt. (collection agency's have been know to sell a debt after payment if there is nothing in writing)

If you find that you are out of SOL on the debt, after sending your first debt validation, it's within your rights to send them a SOL letter and tell them to pound sand.

You might want to click on the links I have provided.
The second link is a self help credit repair site which has some fantastic info that will help you in handling your repairing credit.

how to negotiate/settle debt with collection agencies to raise credit score?

i have 70k in debt, all of which are in collections. I have called a BK lawyer to help me but got scared. don't want BK to stay in my record for 7 yrs. someone told me that that's the last time i should do. is it true that if i try to settle/negotiate my debts, then it wouldn't take as long as 7yrs for my credit score to go up again? how do i negotiate/settle my debts with collection agencies. they're mean! i'm terrified of them! please help. i'm in big trouble - my entire family is affected, esp. my 3 kids!


The first thing you need to do is take control of the situation. It really sucks and you probably have been putting it off because it is not something that is very fun to do. You need to call the collection agencies. They are not going to be mean to you. They are professionals and if they are not nice to you on the phone, you can ask to speak with a manager. Call the collection companies and just tell them that you have been having som trouble paying bills. All they want is to hear that you are alive for the most part. They want reassurance that they are going to see their money. So when you are talking to them, ask them how much it is that you owe. They will tell you and then they will probably ask you when you can pay it. Tell them you can't pay it all at once, but could make monthly payments. They will gladly do this most of the time. Like I said before, they just want to be informed that you plan on paying them back. That is the first step in this. You need to notify them that you plan on paying them. Once you set up an amount to pay them each month, try to stick with it and not be late. If you cannot make a payment that month, call them and tell them that you can't make it, but give them a date that you will be able to pay them by. Communication is the main thing here. You just need contact them and begin working with them. A lot of times they will settle tha amount due for less than is owed just to recoup some of the money. You need to address this situation right away. It won't get better by letting it just sit there. Give them a call and just talk with them. You will feel so much better. A huge weight will be off of your chest. It might take a long time, but you will be going in the right direction. Good luck, I hope it works out!


Go back to the lawyer. Bankruptcy will stay on your credit report for 10 years. All those debts you currently have in collections are going to stay on your credit report for 7 years anyway.

It doesn't sound like you have the ability to negotiate yourself out of this debt. How did you get so far into debt?

How much should I make my initial offer to a collections agency to settle a debt?

So I've got a debt of 2999.17, and they sent me a letter offering 35% off if I paid in full (1949.46). I'm sure I can pay even less than the 2 grand, but I don't want to aim too low at first, because I know it'll be some sort of haggling situation.

Also, I don't know where to set my bottom line of what I simply will not pay more than. I really want to clear this up, and I really want to pay as little as possible, but I haven't dealt with these people much in my life.


Collection agencies typically pay 2 cents on the dollar for collection accounts, or 2%.

Offer 5%, which they will likely refuse. Before starting to work upwards, realize that the person on the phone wants to make as much money off of you as possible, so instead of negotiating the typical way, be prepared to end the call.

Don't settle on anything until you have talked to at least three different people there over the span of at least a month, and try to be in the 25% - 50% range before settling. Right now, it sounds like you have a long way to go.


It's already way less than your original bill, quit being a dead beat and pay what you owe!


Tell them you will pay 400 right now if they lower it to 1500.


tell them you'll do $1700, that's all you have and you can't do anymore.


This is not like buying a car, you can't haggle for the best deal. Don't be a fool, settle before the offer is no more, you are already getting a deal, don't blow it.


If you owe someone money, pay them.

If you're going to be a jerk about it, offer then 60% of it.

Don't ever ask me for money.


i would offer half of what you owe sometimes they'll take the loss just to get some of the money you owe


I don't know, do you really owe the debt?

I was brought to the hospital via ambulance in January and I gave them my health insurance info. The ambulance service was a private service and they never billed the health insurer nor did I ever hear from them. Six months later they sold the "debt" to a collections agency - - to which I said here's my health insurance information again, I'm not obligated to pay and then collect from them, it's not my fault that the ambulatory services people never billed them. I haven't heard back in 2 months now but if I do, they're not getting a penny.


take the deal


If you have no assets, low ball them at $500. The debt may have been sold to them for pennies on the dollar. Any money they take in is icing on their cake. It also depends on how old the debt is.

If they are simply collecting the debt for your original creditor, they may have a lowest amount they can accept, and will stick to the 35% offer. Some collection companies might sue, especially if they know you have assets like a house. Get everything in writing.


Depending on what the principal balance (not the interest) is, you might want to offer 50% of that balance. If the debt is really old you could hold out for 25% of the original debt. Timing is everything. You are not obligated to accept the first offer. Trust me the agency wants to get as much out of you as they can, they paid pennies on the dollar to acquire your debt so whatever you pay is mostly profit for them.

What is the minimum amount a collection agency will settle for when paying off your debt?



The amount that companies pay for bad debt depends on the type of account and its age.
In general 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.

BUT you must know that if you make an offer on a debt that has past your states statute of limitations to seek legal action, you will reset the clock and they can refuse and seek a judgment in court. So first check your states SOL on debts.
Here is a web site where you can check
http://www.bcsalliance.com/statute_of_limitations_on_debt.html

Hope this answers your question

What is the best possible way to settle with a collection agency a debt that is at least six months old.?



Negotiate the amount down by at LEAST half. Then say you will pay that lessor amount as long as they remove it from your credit and they fax you a copy agreeing to those terms. Then pay the lessor amount. Remember HALF!!!

Is it too late to settle a debt if a collection agency has already sent me a notification to appear in court?


What steps do I need to take to verify a debt collection agency's validity in the U.S.?

A supposed collection agency called me to settle my debt. I told them to send their bill along with an itemized report to my address. They asked me my address, and I answered that they should ask the client they are collecting from. Now what measures should I take to make sure they are who they are, and that they're working for whom the claim to be.


There's a lot of good information in the link below. I would also run their name at Better Business Bureau.

Can I be forced to settle a debt with a collection agency instead of the original creditor?



Lets get something straight.

You have no legal obligation to even talk to a collection agent. Your debt is to the original creditor.

Whether the creditor wants to continue to negotiate with you is up the them. If they refuse, then you will either have to deal with the collection agent or just ignore the debt.

Any "obligation" that is made is between the collection agent and the creditor.

Therefore, ALWAYS contact the original creditor to see if you can work out a deal.

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