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March 4, 2014

Multiple Collection Madness

Multiple Collection Madness
Multiple Collection Madness

Multiple Collection Madness

Published: March 4, 2014

Quick Answer

Multiple Collection Madness

A buyer cannot legitimately owe money to three separate companies for the same debt, despite what a credit report might show. When an account is charged off and sold to a collector, the original creditor is supposed to update the balance to zero. Crucially, only the collection agency that *owns* the debt has the right to report it. If that agency sells or transfers the debt, they no longer have reporting rights. This rule aims to prevent multiple entries for a single debt, yet collection agencies frequently violate it, making expert examination and error removal essential.

What You'll Learn:

  • A single debt cannot be legitimately owed to multiple collectors.
  • Original creditors zero out balances when debt is sold.
  • Only the debt-owning collection agency can report it.
  • Multiple reporting of one debt is a credit reporting violation.

    Today’s Tidbit comes from a question from Joe down in Charlotte:
    Damon – I have a buyer whose report shows a collection for a Macys card, but this collection is being reported by three separate companies, all with balances. How can he owe money to three companies at once”?

    In short? He can’t. Let’s break it down…when an account is charged off and passed on to a collector, the original creditor is supposed to update the balance to zero. The original creditor (in this case, Macys) has the right to report the item for 7 years, starting from the date of the last payment the client made to them. Once sold to a collection agency, only the collection agency OWNING THE DEBT may report it. This means that should the collection agency sell the debt or send the ownership of the debt to the original creditor, they no longer have the right to report it. This is intended to keep debtors credit reports from being hit multiple times for the same debt, but often times collection agencies knowingly and willfully violate this.

    It is a violation of the credit reporting rules for a collection agency to report or try to collect on a debt that they do not own. I am sure that if you are a mortgage broker or Realtor, you see this kind of nonsense all the time. It is a perfect example of why it is important to have an expert examine the report carefully, and to hire a credit expert (like me!) to get these errors removed.

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    About the author:
    Jason M. Kaplan, Esq. Avatar
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