A debt collector will not allow me to pay a debt, what steps should I take?
This may not apply in your particular situation, but I think it's important to mention: When a debt collector doesn't act like a debt collector, it may be because they aren't actually a debt collector. It's certainly strange that someone called you to collect money from you, and when you asked for a simple document, they not only got off the phone quickly but they also told you the debt would be cancelled. That just doesn't make sense: Why would they cancel the debt? Why wouldn't they send you the document? My initial impression is that you were possibly being scammed. The scam can take on many forms: Whenever you are called by a debt collector (or someone pretending to be one), it's a good idea to verify their identity first. More info here. What you are describing here is the opposite of a problem: You're trying to contact a debt-collector to pay them money, but THEY'RE ignoring YOU and won't return your calls!  LOL!  All joking aside, having 'incidental' charges show up as negative marks on your credit history is an annoyance- thankfully you're not the first to deal with such problems, and there are processes in place to remedy the situation. Contact the credit bureau(s) on which the debt is listed, and file a petition to have it removed from your history.  If everything that you say here is true, then it should be relatively easy. Edit: See here for Equifax's dispute resolution process- it sounds like you've already completed the first two steps. "You say your primary goal is to clean up your credit report, and you're willing to spend some cash to do it.   OK.  But beware: the law in this area is a funhouse mirror, everything works upside down and backwards. To start, let's be clear: Credit reports are not extortion to force you into paying. They are a historical record of your creditworthiness, and almost impossible to fix without altering history.  Paying on this debt will affirm the old data was correct, and glue it to your report.  Here's how credit reporting works for R-9 (sent to collections) amounts.  The data is on your credit report for 7 years.  The danger is in this clock being restarted.  What will not restart the clock?  Ignoring the debt, talking casusally to collectors, and the debt being sold from one collector to another.  What will restart the clock? Acknowledging the debt formally, court judgment, paying the debt, or paying on the debt (obviously, paying acknowledges the debt.)  Crazy!  You could have a debt that's over 7 years old, pay it because you're a decent person, and BOOM! Clock restarts and 7 more years of bad luck.  Even worse-- if they write-off or forgive any part of the debt, that's income and you'll need to pay income tax on it.  Ugh!  Like I say, the only way to remove a bad mark is to alter history. Simple fact:   The collector doesn't care about your bad credit mark; he wants money. And it costs a lot of money, time and/or stress for both of you to demand they research it, negotiate, play phone-tag, and ultimately go to court.  So this works very well (this is just the guts, you have to add all the who, what, where, signature block, formalities etc.):   1 Company and Customer absolutely disagree as to whether Customer owes   Company this debt: (explicitly named debt with numbers and amount) 2 But Company and Customer both eagerly agree that the expense, time, and   stress of research, negotiation, and litigation is burdensome for both of us.    We both strongly desire a quick, final and no-fault solution.  Therefore:  3 Parties agree Customer shall pay Company (acceptable fraction here).    Payment within 30 days.  To be acknowledged in writing by Company.  4 This shall be absolute and final resolution.  5 NO-FAULT.  Parties agree this settlement resolves the matter in good faith.   Parties agree this settlement is done for practical reasons, this bill has not been established as a valid debt, and any difference between billed and settled amount is not a canceled nor forgiven debt.  6 Neither party nor its assigns will make any adverse statements to third parties relating to this bill or agreement.  Parties agree they have a continuous duty to remove adverse statements, and agree to do so within seven days of request.  7 Parties specifically agree no adverse mark nor any mark of any kind shall be placed on Customer's credit report; and in the event such a mark appears, Parties will disavow it continuously.  Parties agree that a good credit report has a monetary value and specific impacts on a customer's life.  8 Jurisdiction of law shall be where the effects are felt, and that shall be (place of service) regarding the amounts of the bill proper.  Severable, inseparable, counterparts, witness, signature lines blah blah. A collector is gonna sign this because it's free money and it's not tricky.  What does this do?  1, 2 and 5 alter history to make the debt never have existed in the first place.  To do this, it must formally answer the question of why the heck would you pay a debt that isn't real and you don't owe: out of sheer practicality; it's cheaper than Rogaine.  This is your ""get out of jail free"" card both with the credit bureaus and the IRS.   Of course, 3 gives the creditor motivation to go along with it.  6 says they can't burn your credit. 7 says it again and they're agreeing you can sue for cash money.  8 lets you pick the court.  The collector won't get hung up on any of these since he can easily remove the bad mark. (don't be mad that they won't do it ""for free"", that's what 3 is for.)  The key to getting them to take a settlement is to be reasonable and fair.  Make sure the agreement works for them too.  6 says you can't badmouth them on social media. 4 and 5 says it can't be used against them. 8 throws them a bone by letting them sue in their home court for the bill they just settled (a right they already had).  If it's medical, add ""HIPAA does not apply to this document"" to save them a ton of paperwork.  Make it easy for them. You want the collector to take it to his boss and say ""this is pretty good. Do it.""  Don't send the money until their signed copy is in your hands.  Then send promptly with an SASE for the receipt.  Make it easy for them.  This is on you.  As far as ""getting them to send you an offer"", creditors are reluctant to mail things especially to people they don't think will pay, because it costs them money to write and send.  So you may need to be proactive about running them down with your offer.  Like I say, it's a funhouse mirror." "This is somewhat unbelievable.  I mean if you had a business of collecting debts, wouldn't you want to collect said debts?  Rather than attempting to browbeat people with these delinquent debts into paying, you have someone volunteering to pay.  Would you want to service that client?  This would not happen in just about any other industry, but such is the lunacy of debt collecting. The big question is why do you need this cleared off your credit?  If it is just for a credit score, it probably is not as important as your more recent entries.  I would just wait it out, until 7 years has passed, and you can then write the reporting agencies to remove it from your credit. If you are attempting to buy a home or similarly large purpose and the mortgage company is insisting that you deal with this, then I would do the following: Write the company to address the issue.  This has to be certified/return receipt requested.  If they respond, pay it and insist that it be marked as paid in full on your credit.  I would do this with a money order or cashiers check.  Done. Dispute the charge with the credit reporting agencies, providing the documentation of no response.  This should remove the item from your credit. Provide this documentation to the mortgage broker.  This should remove any hangup they might have. Optional:  Sue the company in small claims court.  This will take a bit of time and money, but it should yield a profit.  There was a post on here a few days ago about how to do this.  Make part of any settlement to have your name cleared of the debt. It is counterproductive to fall into the trap of the pursuit of a perfect credit score.  A person with a 750 often receives the same rate options as a person with 850.  Also your relationship with a particular lender could trump your credit score. Currently I am ""enjoying"" the highest credit score of my life, over 820.  Do you know how I did it?  I got out of debt (including paying off the mortgage) and I have no intentions of ever going into debt for anything.  So why does it matter?  It is a bit ridiculous." This doesn't seem to explain the odd behavior of the collector, but I wanted to point out that the debt collector might not actually own the debt. If this is the case then your creditor is still the original institution, and the collector may or may not be allowed to actually collect. Contact the original creditor and ask how you can pay off the debt. Send a well-documented payment to the original creditor.  Do it in such a way that you would have the ability to prove that you sent a payment if they reject it.  Should they reject it, demonstrate that to the credit reporting bureaus.
You can either write it off or pursue it. If you write it off I wouldn't do business with the client again, until they bring their balance owed to you back to zero.  If you pursue it, try to reach out to the client and find out why they are not paying what they owe you and try to work out a deal with them if they seem negotiable. If they aren't negotiable then you could take the issue to court, but you'll only be proving a point by then. According to LegalZoom:  If your debtor is unwilling to pay and you know they have the means,   it's time to use your local sheriff. You have three options to   collect: a bank levy, wage garnishment, or a real estate lien. It sounds like you'll need to reach out to your local police/sheriff's department and they can further help you out and get you your money. It looks like your visa being refused is entirely irrelevant. What happens in bankruptcy is that all the assets of the bankrupt entity are taken over, liquidated, and the proceeds are distributed to the creditors. You're one of the creditors, and as you've been told - the proceeds are not enough to pay all the creditors in full. This is quite common in bankruptcies. What you can do is sue in court and demand priority over other creditors, but... a. You're exactly the same as many other creditors (rest of the students), so why would you get a priority? b. Suing costs money and even if you get more, you'll pay way more for legal fees and expenses. What else can you do? If you paid with a credit card - your credit card company may be able to reverse charges. Sometimes that works, depending on how fast you move. If you paid with a check - your bank may similarly be able to stop payment on the check. This provided it hasn't been settled yet. The bank will sell your debt to a collection agency, that will then follow you everywhere you go and demand payment. They will put a negative notice on your credit report preventing you from getting any new credit, and might sue you in court and take over some or all of your assets through court judgement. There is no law requiring someone to return a refused check. You need to clarify whether this payment is to establish a retainer, or to pay for services rendered. Either way you should stop payment on the check and send them a certified letter explaining that you are stopping payment on the check because they refused it. If the payment is to establish a retainer, then the issue is simple: the lawyer requires $10,000 as a retainer before you can engage them and until then you have no relationship with them. If that is the amount they want, then less than that is not accepted. If the payment is for services rendered already and you owe them money, then it is a completely different situation. Refusing partial payment means they are getting ready to sue you. In a collection suit, the larger the amount is, the better. Normally, someone owed money will only refuse a partial payment if they anticipate having to sue the debtor and they want to maximize their leverage in case of a court judgement in their favor. A creditor has the right to refuse a partial payment. "I had about $16k in student loans. I defaulted on the loans, and they got  > passed to a collection type agency (OSCEOLA).  These guys are as legitimate as a collection agency can be. One thing that I feel is very sketchy is when they were verifying my identity they said ""Does your Social Security Number end in ####. Is your Birthday Month/Day/Year.""  That is not sketchy. It would be sketchy for a caller to ask you to give that information; that's a common scheme for identity theft. OSCEOLA are following the rules on this one. My mom suggested I should consider applying for bankruptcy Won't help. Student loans can't be discharged in bankruptcy. You have the bankruptcy ""reform"" act passed during the Bush 43 regime for that. The loan itself is from school. What school? Contact them and ask for help. They may have washed their hands of your case when they turned over your file to OSCEOLA. Then again, they may not. It's worth finding out.   Also, name and shame the school. Future applicants should be warned that they will do this.  What can I do to aid in my negotiations with this company? Don't negotiate on the phone. You've discovered that they won't honor such negotiations. Ask for written communications sent by postal mail. Keep copies of everything, including both sides of the canceled checks you use to make payments (during the six months and in the future). Keep making the payments you agreed to in the conversation six months ago. Do not, EVER, ignore a letter from them. Do not, EVER, skip going to court if they send you a summons to appear. They count on people doing this. They can get a default judgement if you don't show up. Then you're well and truly screwed. What do you want? You want the $4K fee removed. If you want something else, figure out  what it is. Here's what to do: Write them a polite letter explaining what you said here. Recount the conversation you had with their telephone agent where they said they would remove the $4K fee if you made payments.  Recount the later conversation. If possible give the dates of both conversations and the names of the both agents.   Explain the situation completely. Don't assume the recipient of your letter knows anything about your case. Include evidence that you made payments as agreed during the six months. If you were late or something, don't withhold that.  Ask them to remove the extra $4K from your account, and ask for whatever else you want. Send the letter to them with a return receipt requested, or even registered mail. That will prevent them from claiming they didn't get it. And it will show them you're serious. Write a cover letter admitting your default, saying you relied on their negotiation to set things straight, and saying you're dismayed they aren't sticking to their word. The cover letter should ask for help sorting this out. Send copies of the letter with the cover letter to: Be sure to mark your letter to OSCEOLA ""cc"" all these folks, so they know you are asking for help. It can't hurt to call your congressional representative's office and ask to whom you should send the letter, and then address it by name. This is called Constituent Service, and they take pride in it. If you send this letter with copies you're letting them know you intend to fight.  The collection agency may decide it's not worth the fight to get the $4K and decide to let it go.   Again, if they call to pressure you, say you'd rather communicate in writing, and that they are not to call you by telephone. Then hang up.  Should I hire a lawyer?  Yes, but only if you get a court summons or if you don't get anywhere with this. You can give the lawyer all this paperwork I've suggested here, and it will help her come up to speed on your case. This is the kind of stuff the lawyer would do for you at well over $100 per hour. Is bankruptcy really an option Certainly not, unfortunately. Never forget that student lenders and their collection agencies are dangerous and clever predators. You are their lawful prey. They look at you, lick their chops, and think, ""food."" Watch John Oliver's takedown of that industry.  https://www.youtube.com/watch?v=hxUAntt1z2c Good luck and stay safe." One issue is whether it is a scam or the collector has a right to collect. Another issue is the statute of limitations period on the debt.  If it has expired, the creditor cannot get a court judgement against the borrower (if the borrower contests it).  However, if the borrower makes a payment, or promises to pay, the time resets to zero, starting a new period subject to valid court action.  In the U.S. the length of this period varies by state.  (This period is different from the amount of time a debt can be listed on a credit report.) If you're reasonably sure that the client isn't acting in good faith and you have no intention of doing business with them again, you can still make back some of the money.  Sell the debt to a collections agency if you don't want to go through the hassle of suing.  Make sure they're actually ignoring you though.  A friendly, non-confrontational phone call might jiggle something loose.  Especially if you give them the option to set up some sort of payment plan. I had a similar situation, except the debtor had no connection to us whatsoever, other than holding our phone number previously. We tried going through channels to deal with it, and had no success. At the end of the day, I was very abusive to the people calling, and forwarded the number to a very irritating destination. In month 9 you still owe $7,954.25. You need to pay that, plus the $250. At that line, you haven't made the payment, the rest of the line with next month's payment due. So you haven't paid the $242.47 in col 4. "Whether or not PayPal itself reports to the credit bureaus, the collector **will**.  That said, you can demand the collector ""validate"" the debt, which if you were scammed could make for an interesting scenario - PayPal *doesn't* normally play the role of a creditor, so the very fact that you ""owe"" them money is an unusual situation in and of itself.  I'm not entirely sure how they would go about validating that debt - They haven't provided you any goods or services, you don't have any form of loan outstanding with them... The legitimacy of the ""debt"" consists **entirely** of them siding with the other party in a he-said-she-said dispute.  I'd be interested to hear what the collector replies with when you demand validation of the debt!" "You promised to pay the loan if he didn't.  That was a commitment, and I recommend ""owning"" your choice and following it through to its conclusion, even if you never do that again.  TLDR: You made a mistake: own it, keep your word, and embrace the lesson.  Why?  Because you keep your promises.  (Nevermind that this is a rare time where your answer will be directly recorded, in your credit report.) This isn't moralism. I see this as a ""defining moment"" in a long game: 10 years down the road I'd like you to be wise, confident and unafraid in financial matters, with a healthy (if distant) relationship with our somewhat corrupt financial system.  I know austerity stinks, but having a strong financial life will bring you a lot more money in the long run. Many are leaping to the conclusions that this is an ""EX-friend"" who did this deliberately.  Don't assume this. For instance, it's quite possible your friend sold the (car?) at a dealer, who failed to pay off this note, or did and the lender botched the paperwork.  And when the collector called, he told them that, thinking the collector would fix it, which they don't do. The point is, you don't know: your friend may be an innocent party here.  Creditors generally don't report late payments to the credit bureaus until they're 30 days late.  But as a co-signer, you're in a bad spot: you're liable for the payments, but they don't send you a bill.  So when you hear about it, it's already nearly 30 days late.  You don't get any extra grace period as a co-signer. So you need to make a payment right away to keep that from going 30 late, or if it's already 30 late, to keep it from going any later.   If it is later determined that it was not necessary for you to make those payments, the lender should give them back to you.  A less reputable lender may resist, and you may have to threaten small claims court, which is a great expense to them. Cheaper to pay you.  They say France is the nation of love. They say America is the nation of commerce.  So it's not surprising that here, people are quick to burn a lasting friendship over a temporary financial issue.  Just saying, that isn't necessarily the right answer.  I don't know about you, but my friends all have warts.  Nobody's perfect.  Financial issues are just another kind of wart.  And financial life in America is hard, because we let commerce run amok.  And because our obsession with it makes it a ""loaded"" issue and thus hard to talk about.  Perhaps your friend is in trouble but the actual villain is a predatory lender.  Point is, the friendship may be more important than this temporary adversity.  The right answer may be to come together and figure out how to make it work.  Yes, it's also possible he's a human leech who hops from person to person, charming them into cosigning for him. But to assume that right out of the gate is a bit silly.  The first question I'd ask is ""where's the car?"" (If it's a car). Many lenders, especially those who loan to poor credit risks, put trackers in the car.  They can tell you where it is, or at least, where it was last seen when the tracker stopped working.  If that is a car dealer's lot, for instance, that would be very informative.   Simply reaching out to the lender may get things moving, if there's just a paperwork issue behind this.  Many people deal with life troubles by fleeing: they dread picking up the phone, they fearfully throw summons in the trash.  This is a terrifying and miserable way to deal with such a situation.  They learn nothing, and it's pure suffering.   I prefer and recommend the opposite: turn into it, deal with it head-on, get ahead of it.   Ask questions, google things, read, become an expert on the thing. Be the one calling the lender, not the other way round.  This way it becomes a technical learning experience that's interesting and fun for you, and the lender is dreading your calls instead of the other way 'round.  I've been sued.  It sucked.  But I took it on boldly, and and actually led the fight and strategy (albeit with counsel).  And turned it around so he wound up paying my legal bills.  HA!  With that precious experience, I know exactly what to do... I don't fear being sued, or if absolutely necessary, suing.   You might as well get the best financial education.  You're paying the tuition!" "You should hire a lawyer. The fact that they told you your personal information shows that they actually had it, and are not imposters, which is a good thing. The fact that they mislead you means that their intentions are not pure (which is not surprising coming from a collection agency of course). When dealing with collections (or any matter of significance for that matter), don't rely on their recording of the call, because they can always conveniently lose it. Make sure to write down every single detail discussed, including the date and time of the call, and the ID/name of the person on the other side. If possible - make your own recording (notifying them of it of course). It's too late to record the calls now, but do try to reconstruct as much information as possible to provide to your lawyer to deal with it. In the end of the day they will either provide you with the recording (and then you might be surprised to hear that what they said was not in fact what you thought they said, and it was just your wishful thinking, it is very possible to be indeed the case), or claim ""we lost it"" and then it will be a problem to either of you to prove who said what, but they'll have the better hand (having better lawyers) in convincing the court that you're the one trying to avoid paying your debts. That is why proper representation at all stages is important. As to the bankruptcy - it won't help for student loans, student loans is one of the very few types of debts you can't really run away from. You have to solve this, the sooner the better. Get a professional advice. For the future (and for the other readers) - you should have gotten the professional advice before defaulting on these loans, and certainly after the first call." "Time-Barred Debts and STATE STATUTES OF LIMITATION ON COLLECTING DEBTS are good places to start on the issues of what can be collected and for how long. What seems to be at issue is bankruptcy vs. time-barred debts vs. what creditors (original debt owners, not collection agencies or those who buy debt) can do. You should also check out The Fair Credit Reporting Act which governs some of the question.  The Fair Credit Reporting Act and the section on time-barred debts applies to collection agencies, etc. (so-called debt owners as pointed out by @littleadv, since they buy debt from the creditors) not actual creditors (those the debt is/was originally owed to). Creditors (those to whom the debt was originally owed) have different rules than debt collectors and can do things debt collectors can't. State law generally governs what creditors, as original owners of the debt, can do legally and for how long. Bankruptcy Bankruptcy is a legal action that frees someone from paying all or part of debt owed (they are crying ""Uncle!"" and stating they don't have enough money to pay their creditors). On a credit report, accounts will generally be updated to show “included in bankruptcy"" or similar. Debt that is determined to still be owed often will be reduced in amount/payments. Time-barred Debts Time-barred debts are debts that are still owed, but cannot be collected through direct legal action (suing). Each state has its own statute of limitations on how long different types of debt can be collected by suing after initial default before being considered time-barred. This period is typically 3-6 years but a few states such as Kentucky allow much longer time periods (up to 15 years). Being a time-barred debt does NOT prevent a collector from contacting someone about a debt. Collectors can still try to collect a debt forever -- and probably will -- but they can't normally sue and collect payment once the statute of limitations period has passed. There are gotchas with time-barred debts regarding collection, however, which can make them still legally actionable. Making any payment, no matter how small, making a verbal commitment to pay or even acknowledging the time-barred debt is often enough to make the debt legally collectable, even if it would normally be past the statute of limitations for collection. This is again state-dependent, but it is a pitfall for many people. The process of making a debt collectable again is often called ""re-aging"". Re-aging essentially means the clock starts anew on the statute of limitations, extending the time that a creditor may use the courts to collect that debt. If someone is taken to court over a time-barred debt that is legally noncollectable (has not been legally re-aged), nothing happens to them. However, being time-barred does not prevent legal action in the sense that you still have to prove the debt is time-barred and noncollectable in court if your sued over it.  Being time-barred does not mean the debt ""dissolves"". A debt is always owed unless the debt has been forgiven or discharged in bankruptcy court. This means that, combined with the ability of debt collectors to contact someone about out of statute debt and the pitfalls of re-aging, it is entirely possible for a debt collector to get a 20 year old debt actionable again. Also note that while someone is trying to dodge a debt to make it time-barred (e.g. by not paying anything), creditors and debt collectors can still take legal action to sue over the debt, and if they get a judgment against someone, this can extend the debt indefinitely. Judgements will eventually lapse, but often only after 10 years or more, and many states allow dormant judgements to be ""revived"" within that time period. Credit Reports  Regarding credit reports, whether someone owes a debt and whether it appears on a credit report are two separate things. As previously stated, no debt ""dissolves"" or goes away unless some sort of legal action makes it so.  As far as reporting is concerned, however, most ""bad"" credit stops being reported after seven years (by federal law). That is, accounts on a credit report will be deleted seven years from the original delinquency dates of the accounts regardless of being included in bankruptcy or as time-barred debt. This assumes no legal process allows the account to continue being reported (as is often the case with re-aging). As an FYI, a bankruptcy discharge date has nothing to do with when account information will be removed from your credit report.  Note that some debts, such as tax liens, can be reported indefinitely. Should bankruptcy be considered? The decision to do bankruptcy is mostly a matter of how severe the debt is. If it is an extremely large amount and assets are very small, bankruptcy is a good route in so far as it will legally take care of a lot of loose ends and likely relieve most or all of the burden of actually owing the money. Credit-wise, 10 years is the maximum a bankruptcy (specifically) will appear on a credit report. Accounts may drop off a credit report before bankruptcy because they are past the seven years they can be legally reported. Debts owed to the state such as child support, student loans, income tax, etc. generally cannot be written off and aren't subject normal debt statute of limitations on collection.  Finally, bad credit is bad credit -- there is likely to be little difference in terms of ability to get loans between bankruptcy and attempting to dodge legal action to make debts time-barred. If the debt is significant, bankruptcy may be the only sensible option." "These agencies consolidate your debt and make it an easy monthly instalment for you. They also try to negotiate with credit cards. They do so for a fee. Other option is to not pay the debt. During this time , expect credit cards to keep sending you bills and reminders and ways to contact you. Once it is not paid for a significant amount of time ( 18 months ) , the lender will ""sell"" your debt to a collection agency. You will start getting bills from collection agencies. Collection agencies can settle for up to 40 % of the actual debt. So if you had 5 credit cards , you would have 5 different collection agencies trying to get in touch with you. You can call them and tell them that you cannot pay the full amount. They will offer you settlements which you can accept or decline. The longer the unpaid debt , the more the discount they will offer. One very important thing to remember is that the unpaid amount will be sent to you on a 1099-c form . This means you have to recognize this as income. It is applicable to the year when the debt is settled. In a nut shell , you owe 120,000. You don't pay. Credit cards keeps calling you. You don't pay. After 12-18 months , they handover your debt to collection agencies. Collection agencies will try to get in touch with you. Send you lawsuit letters. You call and settle for say 50,000. You pay off 50,000 in 2016. Your debt is settled. But wait you will get 1099-C forms from different agencies totaling 70,000 ( unpaid debt ). You will have to declare that as income and you will owe tax on that. Assuming say 30 % tax you will have to pay up 21,000 as tax to IRS assuming no other income for simplicity. SO what you did was pay up 50 + 21 = 71,000 and settled the debt of 120,000. Your credit score will be much better than if you never paid at all."