Author Topic: Should I Pay the Collection Agency or Fight?  (Read 2098 times)

Dariggz

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Should I Pay the Collection Agency or Fight?
« on: March 05, 2019, 10:59:03 AM »
My wife and I have been married since 2016. In 2015, she quit her sorority at college and believed she had no fees remaining. Fast forward to yesterday, and I was checking her credit score (for free, as provided by the credit card we have in her name, provided by Experian). We have never missed a payment, gone into debt-- we don't even have student loan debt. However, I noticed that her "number of derogatory accounts" was 1. I looked further into this, and a $165 fee that she apparently owed her sorority from 2015 was pushed to a collection agency in September.

They had her old, family address and they claim to have sent letters there, but she hasn't lived there since 2016 (letters started in September). They claim to have called her, but her missed call and voicemail logs don't back this up.

Question 1: Should we just pay the $165 or should I try to fight to prove this fee was in error and that not enough was done to notify her of this fee?

Question 2: If we do just pay the $165 and make it go away, will this harm her credit for the 7+ years that most derogatory accounts would? Will something as silly as this hurt us in the future in terms of getting a mortgage, etc.?

BicycleB

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Re: Should I Pay the Collection Agency or Fight?
« Reply #1 on: March 05, 2019, 07:28:39 PM »
It could hurt you. I had a small unknown debt prior to buying a house, and did pay it off to resolve it.

Since you're not buying yet, I'd contest first. Rather, I'd contact the sorority to get details. If the debt is in error, contest; if it is legit, pay it. I'd pay the sorority directly, not the bill collector. Then I'd send the bill collector proof of payment. I'd monitor the credit score to make sure it gets recorded as paid.

When paying the sorority, I'd get names/dates, and ask that they notify the credit agencies that they were in error about contacting you, and that you paid promptly once informed. If they don't post this, dispute it at the credit agency. I think you have the right to insist that your own notes on the story be added to the credit report. I'd put them up there.

I doubt this will stop you from buying a house once you resolve it. I had 2 debts that didn't just go to collections, they were written off as bad debt (no further collection effort, they had given up). THEN I went and paid them. That I paid them unprompted was actually a good thing. I had no problem buying. This was a long time ago though (1990s) so I will defer to wiser commenters with more recent experience.

PS. The proof is in the pudding, aka your credit score. If her score is in the middle 700s or above, I suspect she will qualify easily at all normal lenders and usually get the best rates. Surprisingly low scores (580 to 620) qualify for some loan types, such as FHA, according to the internet. Look up her score and see where you guys stand.

https://thelendersnetwork.com/what-credit-score-is-needed-to-buy-house/
« Last Edit: March 05, 2019, 07:33:27 PM by BicycleB »

frugalfoothills

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Re: Should I Pay the Collection Agency or Fight?
« Reply #2 on: March 06, 2019, 01:40:39 PM »
Just your friendly neighborhood collection industry expert chiming in to offer my 2 cents.

Step 1 is to immediately contact the collection agency in writing and ask for written validation of the debt. They must respond within 30 days. The entire point of a validation request is for situations like this -- for them to provide you with documentation to prove what the debt is, that the debt is valid, and you truly owe it. If they are unable to satisfy validation requirements within 30 days, they can't pursue collection anyway and will remove your tradeline from the bureaus. If they don't do this, you have a CFPB complaint on your hands. Problem solved.

Sure, contact the sorority and ask them WTF the fee is and have them confirm that they sent the fee to collections if you'd like, but they're probably going to tell you to talk to the collector at this point.

If they fulfill validation requirements and you're like "oh shit, yep, looks like she really did owe this $165," but you STILL want to fight it, you can file a written dispute. You can claim that you were not contacted by phone or by mail. The problem here is twofold: you're claiming the sorority never contacted you between 2015 and 2018 about this debt, and you're claiming that the collection agency has not contacted you since 2018 about this debt, despite reporting it to the bureau. This is... highly unlikely. More likely is that you did not answer the phone OR that the mail was going to the wrong address and no one told you about it. You say it's her old family address... do her parents still live there? Can you ask them about letters received? Did you leave a forwarding address?

Either way, it is your right to dispute the debt after you receive validation. They will investigate your dispute and either 1) determine it is valid and close the account/remove the tradeline, or 2) provide you with evidence that the dispute is resolved (i.e. we DID call/send you letters, here they are.)

If, after all that, you're still on the hook, you pay it. It's $165 that you didn't know about. It sucks. It happens. I once signed up for Proactiv face wash regimen, cancelled it, they tried to send me another bill, I never got it because I moved and didn't leave a forwarding address, and it ended up in collections.

As for the impact to your credit score -- if you pay this, they report to the bureau that it is paid, and your credit score reacts appropriately. If they can't validate OR you prevail in the dispute and they remove the tradeline it's like it never happened and your credit score reacts appropriately. This should have very little impact to you as long as you're not trying to buy a house tomorrow or next month. This will be nothing in a year, much less 7. Go ahead and get it resolved.

CNM

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Re: Should I Pay the Collection Agency or Fight?
« Reply #3 on: March 06, 2019, 01:51:04 PM »
My answer would depend on what the credit score is.  A while ago, when we bought our house, either my husband or I had some sort of low-amount unpaid bill on our credit report.  We both had scores in the 700s so it didn't really matter.

BicycleB

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Re: Should I Pay the Collection Agency or Fight?
« Reply #4 on: March 06, 2019, 02:12:16 PM »
@frugalfoothills, thanks for answering. Good to know there's an actual expert on the forums.

Montecarlo

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Re: Should I Pay the Collection Agency or Fight?
« Reply #5 on: March 06, 2019, 06:36:22 PM »
I can't believe that ended up on your credit report.  I have two items in collections I'm never going to pay on moral grounds, only a few hundred $, and they haven't hit my credit report at all.

frugalfoothills

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Re: Should I Pay the Collection Agency or Fight?
« Reply #6 on: March 07, 2019, 09:51:58 AM »
I can't believe that ended up on your credit report.  I have two items in collections I'm never going to pay on moral grounds, only a few hundred $, and they haven't hit my credit report at all.

Whether something gets credit reported or not depends on a lot of different variables -- the type of debt, the policies re: credit reporting of the owner of the debt, the amount of the debt, etc. You can have debt that never shows up on your credit report but that you end up getting sued for. You can see debt on your credit report that you'd NEVER be sued over. You can have debt that would never be credit reported OR get you sued for. There are tons of federal and state laws, statutes, caselaw, etc. that shape the collections policies.

The general rule of thumb in collections is "It depends."

frugalfoothills

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Re: Should I Pay the Collection Agency or Fight?
« Reply #7 on: March 07, 2019, 09:52:31 AM »
@frugalfoothills, thanks for answering. Good to know there's an actual expert on the forums.

No problem. Working in the industry does have its redeeming qualities, even if it makes for terrible cocktail conversation. :)

MrThatsDifferent

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Re: Should I Pay the Collection Agency or Fight?
« Reply #8 on: March 07, 2019, 10:32:12 AM »
How fucking petty for the sorority to report to collections! That just seems vindictive for $165.