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Charge-Offs, Bankruptcies & Collection Agencies
The Dollar Stretcher
by Gary Foreman
I have a charge-off on my credit report because of a bankruptcy
five years ago. If the company that wrote it off sells the debt to a
collection agency do I need to pay? The damage is done now. It's
been on the report since the bankruptcy. I'm rebuilding and
financially things have turned around again. Do I need to pay the
collection agency? Thank you.
Stan
Like many people, Stan has had some problems with debt. And he's
not sure what his responsibilities and rights are. Let's see if we
can't help him make sense of the situation.
To begin we'll want to explore some underlying concepts. Once we
understand them we'll be better able to answer Stan's question.
The first concept to explore is the debt itself. As we all know,
a debt is money that you've agreed to pay someone in the future.
Either to a person or a company. Chances are that they gave us money
or products now in return for our promise to pay later. We probably
agreed to pay interest on the money we owe. Most often we also
signed a credit card or installment loan agreement which legally
defined our responsibilities.
Sometimes a collection agency will buy a group of debts from the
company that issued them. If our debt was among them we no longer
owe money to Company A, but now we owe the collection agency. But
that does not affect the amount owed, the interest rate or any
penalties that apply.
Next, let's learn about a 'charge-off' or 'write-off'. The two
terms refer to the same accounting procedure. At some point the
lender decides that they're unable to collect a debt. They'll remove
it from their accounts receivable. That effects their profitability
and taxes. But it does not effect whether the debtor owes money to
the company. A charged-off debt is still a valid debt. So even
though our debt was charged-off, we're still obligated to repay it.
Stan mentions that he's been through a bankruptcy. He doesn't
say, but we'll assume that it was Chapter 7 proceeding. This is the
simplest and most commonly sought bankruptcy. People apply for
bankruptcy to get a fresh financial start. They're asking the court
to rule that they are unable repay what they owe and to release them
from some or all of their financial obligations.
Officially a bankruptcy 'discharges' debts. What that means is
that a debt included in the bankruptcy is no longer a debt. It is as
if the debtor doesn't owe the money any more. He is no longer
required by law to repay the debt. Further, the bankruptcy order
requires that the lender take no further action to try to collect
it. That would include hiring lawyers or contacting the debtor via
mail or phone. Unless there is legal action involving the discharge,
it happens automatically with the bankruptcy.
Not all debts are automatically included in a bankruptcy. The
debtor may choose to exclude some debts from the bankruptcy
petition. Perhaps debts owed to family members. Other debts are not
eligible for protection, such as: taxes, alimony and child support.
It should be clear at the time of the bankruptcy filing what debts
are included and which are not. Debts not included in the bankruptcy
are still owed, just like they were before.
Finally, we need to understand the basics of credit scoring. 35%
of the score is based on 'payment history'. So when Stan was late
with his payments, that reduced his score. When the account was
turned over to a collection agency, that also lowered the score.
And, finally, the bankruptcy and discharge would also effect his
score.
Now that we understand the process, let's look at Stan's
question. He's correct that the bankruptcy closed certain accounts.
If the account he's asking about was included in the bankruptcy it
is discharged. Stan should inform anyone attempting to collect that
it has been discharged. And, that further attempts to collect it
would require him to contact the court informing them of the
attempt.
If Stan chooses he can voluntarily repay a discharged debt. But
he's under no legal obligation. Credit reporting agencies won't
reveal exactly how they compute credit scores. But, it's unlikely
that repaying a discharged debt years after the fact would have much
impact on his score.
The bankruptcy will appear on Stan's credit report for 10 years.
At this point his best method for rebuilding his score is to show
that he's used credit responsibly since the bankruptcy. It appears
that he's spent the last five years doing just that. As long as the
debt was included in the bankruptcy, he should be able to ignore any
attempts at collection without fear of hurting his credit score.
Gary Foreman is a former financial planner who currently edits
The Dollar Stretcher.com
website and newsletters. If you wish you had more time or money
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