Table of contents

A collection agency is one business that lenders or creditors utilize to retrieve money that is past due or from accounts that are in default. A creditor may frequently contact a collection agency after trying unsuccessfully to collect its debts several times. A lender may own an internal department or a debt-collection subsidiary or contract out the debt-collecting work to a collection agency.

Key Takeaways

  • A collection agency is a business that lenders utilize to get money back from past-due or defaulted accounts.
  • Collection services attempt to recover past-due money by collaborating closely with lenders.
  • The Fair Debt Collection Practices Act (FDCPA) regulates collection agencies and establishes guidelines for what they can and cannot do to collect money.

How Does a Debt Collection Agency Work?

Creditors frequently engage a collection agency after a borrower's debt is 60 to 90 days past due. Equifax, Experian, and TransUnion are the three main credit bureaus that will generally be notified of the delinquency. The Fair Debt Collection Practices Act (FDCPA) governs how reputable collection companies approach you and attempt to collect the debt.

When a Borrower Pays

Depending on the conditions of the agreement, the creditor will pay the collection agency a portion of the money or assets, which will be recovered if the borrower pays the debt as a consequence of the agency's efforts.

When a Borrower Does Not Pay

If the borrower is unable or unwilling to pay the arrear, the collection agency may add a "collection" status to the borrower's credit report, which lowers the person's credit score. Given that an account in collections can stay on a person's credit record for seven years, having a poor credit score may make it more difficult for them to get a loan later on.

Collection agencies attempt to recover money using a variety of tactics, including the following:

  • Making calls to the debtor's home and workplace phones
  • delivering many notifications of late payments to the debtor
  • Confirming a debtor's contact details by getting in touch with their friends, neighbors, and relatives
  • Getting to the person's front door

If you’re dealing with debt collections or inaccurate credit reporting, Shepherd Outsourcing can help you take the proper steps toward financial recovery. Contact us for a free consultation and learn how we can assist with debt negotiation and improving your credit score.

Debt Collection Agency Regulations


The Fair Debt Collection Practices Act (FDCPA), some of whose regulations are listed below, governs third-party collection firms but not the internal collection departments of creditors.

The following actions by a debt collector are prohibited:

  • Proceed with collecting an old debt that has been charged as "uncollectible" because the debtor is missing or has declared bankruptcy.
  • Confiscate a debtor's assets legally unless the collection agency has prevailed in a lawsuit against the debtor.
  • Threaten or cause bodily harm to a debtor to collect money.
  • Contact them there if someone at work has made it clear that their company disapproves of such calls.
  • Reach out to you more than seven times in seven days. 

However, a debt collector is permitted to perform the following:

  • If you live in a state where this is permitted, try to collect a debt for which the statute of limitations has passed, typically four to six years from the first day of default.
  • Make a phone call to someone between 8 a.m. and 9 p.m. only.
  • Address any outstanding taxes, federal student loans, or child support and alimony with the debtor's employer.

What Happens When You Are Sent to a Collections Agency?

Your lender may use a collection agency to assist you if the balance on your credit account falls past due. Companies that buy consumer debt and try to collect outstanding amounts are known as collection agencies.

While some lenders employ third parties to manage collections on their behalf, others have specialized in-house departments devoted to debt collection. Some lenders might even retain legal counsel to file lawsuits against borrowers to recoup unpaid loans. However, the objective is always to contact borrowers and collect the remaining amount on past-due debts.

What Happens When Your Debt is Sent to a Collection Agency?

A collection agency will initially contact you by phone or in writing if they have acquired your past-due debt. You are legally required to get a written notice, commonly called a debt validation letter, within five days of the collector contacting you for the first time. The original creditor's name, the amount you owe, and a statement of your right to contest the debt must all be included in this notice.

Throughout the debt collection process, it is crucial to preserve this letter because it may prove to be a helpful tool if you ever need to contest the debt. When the debt collector contacts you, it's time to start making payments on your debt.

Even while the collection agency might not notify Equifax, TransUnion, and Experian, the three national consumer reporting agencies, about the outstanding debt, checking your credit reports is still a good idea. This is one approach to determine whether past-due debt is affecting your credit.

Don't let debt collections harm your credit score further. Shepherd Outsourcing specializes in managing collections, negotiating with agencies, and helping you navigate the reporting process. Reach out to us today for expert assistance.

Exception to the Prohibition on Reporting the Debt to Credit Bureaus

However, the ban against reporting the debt does not extend "to a debt collector's furnishing of information about a debt to a nationwide specialty consumer reporting agency that compiles and maintains information on a consumer's check writing history." For example, "specialty consumer reporting agencies," sometimes known as "specialty credit reporting agencies," maintain information on certain transaction categories, such as check writing histories, insurance claims, and tenant histories.

You are entitled to a free credit report from each specialty credit reporting organization every year if you are worried about the data they hold about you. The Consumer Financial Protection Bureau website provides a list of the majority of credit reporting organizations, along with their contact details, broken down by category. 

Conclusion

Understanding how debt collection agencies report to credit bureaus is crucial for managing your credit and taking control of your financial future. While the timeline for reporting can vary depending on factors such as the type of debt and the creditor’s speed, it’s clear that debt collections can significantly impact your credit score and stay on your credit report for up to seven years. If you’re facing collections, it’s important to proactively address the issue, check your credit regularly, and understand your rights under the Fair Debt Collection Practices Act (FDCPA). Whether you're trying to dispute an error, negotiate with a collection agency, or figure out how to repair your credit, taking swift action can help minimize the damage.

At Shepherd Outsourcing, we specialize in helping individuals manage their debt, negotiate settlements, and improve their credit standing. If you're struggling with collections or wondering how to repair your credit after a collection entry, our team is here to guide you.