A collection agency is a company hired by creditors to recover money you owe
When you fall behind on a debt—a credit card, medical bill, personal loan, or utility account—the original creditor may eventually hire a third-party company to collect it. That company is a collection agency. Their job is to contact you, verify that you owe the debt, and persuade you to pay. They do not have the power to garnish your wages, seize your bank account, or take legal action on their own; they can only contact you and negotiate. If you do not respond, the creditor or agency may pursue a lawsuit, but that is a separate step.
Collection agencies operate under federal and state laws that limit what they can do and how they can contact you. Understanding what they are allowed to do—and what they are not—helps you know your rights and respond appropriately.
Key Takeaways
- Collection agencies are hired by creditors to recover debts and can contact you by phone, mail, or email, but only between 8 a.m. and 9 p.m. in your time zone.
- A collection agency cannot threaten you, use profanity, contact your employer or family members, or claim they will sue unless they actually intend to do so.
- You have the right to request written proof that you owe the debt within 30 days of first contact, and the agency must stop collection efforts until they provide it.
- A debt in collection will appear on your credit report for seven years from the date you first missed a payment, even if you pay it later.
- You can send a written request to stop contact, though the agency may still pursue legal action or contact you about a lawsuit.
How a collection agency gets your debt
When you miss payments on a debt, the original creditor—your credit card company, bank, hospital, or utility—usually tries to collect from you directly for 30 to 180 days. If you do not respond or pay, they may sell the debt to a collection agency or hire one to collect on their behalf. The creditor receives a percentage of whatever the agency collects, or pays the agency a flat fee upfront.
The agency then owns or controls the right to collect from you. They pull your contact information from the creditor's records and begin outreach. This is when you typically receive the first call or letter from a collector you do not recognize.
What collection agencies are allowed to do
A collection agency can contact you by phone, mail, email, or text message to discuss the debt. They can call your home, cell phone, or work number. They can send letters requesting payment. They can also report the debt to the three major credit bureaus—Equifax, Experian, and TransUnion—which will lower your credit score.
They can contact you repeatedly if you do not respond, though the Fair Debt Collection Practices Act (FDCPA), a federal law, limits how often and when. They cannot call before 8 a.m. or after 9 p.m. in your time zone. If you tell them you have a lawyer, they must contact your lawyer instead of you. If you request in writing that they stop contacting you, they must comply, though they may still pursue a lawsuit.
What collection agencies cannot do
The FDCPA prohibits collection agencies from using abusive, unfair, or deceptive tactics. They cannot threaten you, use profanity, or claim they will arrest you or seize your property unless they actually intend to pursue legal action. They cannot contact your employer, family members, or friends to discuss the debt—they can only contact your employer to verify your employment. They cannot call repeatedly in a short period to harass you, and they cannot call before 8 a.m. or after 9 p.m. in your time zone.
They cannot claim the debt is larger than it actually is, misrepresent themselves as a government agency or attorney, or say they will sue unless the creditor or agency actually plans to file a lawsuit. They cannot demand payment in a way that is illegal in your state—for example, some states prohibit wage garnishment for certain types of debt. If an agency violates these rules, you can file a complaint with the Consumer Financial Protection Bureau (CFPB) or sue the agency for damages.
Your right to request proof of the debt
When a collection agency first contacts you, you have the right to request written proof that you owe the debt. This is called a debt validation request. You must send it in writing within 30 days of the agency's first contact. The agency must then stop collection efforts until they provide the proof.
The proof should include the original creditor's name, the amount owed, and documentation showing you incurred the debt. If the agency cannot provide this—for example, if the debt was sold multiple times and records are missing—they may not be able to collect. However, the absence of proof does not erase the debt itself; it only means the agency cannot collect it from you through their efforts. The original creditor could still pursue a lawsuit if the statute of limitations has not expired.
How collection accounts affect your credit report
Once a debt is placed with a collection agency, it will appear on your credit report as a collection account. This significantly lowers your credit score. The account will remain on your report for seven years from the date you first missed a payment on the original account—not from the date the collection agency contacted you.
Paying the debt does not remove it from your report, though some agencies will agree to remove it in exchange for payment. This is called a "pay-to-delete" arrangement, and it is not may provide. Even after you pay, the account may stay on your report as "paid collection" or "settled," which still affects your score but is less damaging than an unpaid collection. After seven years, the account will fall off automatically.
What happens if you ignore a collection agency
If you do not respond to a collection agency, they may file a lawsuit against you in small claims or civil court. If they win, they receive a judgment, which is a court order saying you owe the debt. With a judgment, the creditor or agency can then pursue wage garnishment, bank account levies, or liens on your property—depending on what your state allows.
The statute of limitations for suing you varies by state and by the type of debt, typically ranging from three to ten years from the date you first missed a payment. After the statute of limitations expires, the agency can no longer sue you, though they can still contact you and the debt will remain on your credit report until seven years have passed.
Options if you owe the debt
If you owe the debt and can afford to pay, you can negotiate directly with the collection agency. You can offer a lump sum payment in exchange for removal from your credit report (pay-to-delete), a settlement for less than the full amount, or a payment plan. Get any agreement in writing before you pay.
If you cannot afford to pay, you can explain your situation and ask about hardship options. Some agencies will pause collection efforts or agree to a reduced payment plan. You can also seek help from a nonprofit credit counselor, who can advise you on your options and sometimes negotiate on your behalf. Be cautious of for-profit debt settlement companies, which often charge high fees and make promises they cannot keep.
Frequently Asked Questions
Can a collection agency call my workplace?
A collection agency can call your workplace to verify that you work there, but they cannot discuss the debt with your employer or coworkers. If they do, they are violating the FDCPA. You can tell them your employer does not allow personal calls, and they must stop calling your workplace.
What should I do if a collection agency is harassing me?
Document every call and letter with dates and times. If the agency is calling repeatedly, using profanity, threatening you, or contacting you after you have asked them to stop, file a complaint with the Consumer Financial Protection Bureau (CFPB) at consumerfinance.gov. You can also file a complaint with your state's attorney general or contact a consumer protection lawyer.
If I pay a collection account, will it improve my credit score right away?
Paying a collection account will not remove it from your credit report or when ready raise your score. However, newer credit scoring models weigh paid collections less heavily than unpaid ones. Your score may improve gradually over time as the account ages and other positive activity accumulates on your report.
Can a collection agency collect on a debt after the statute of limitations expires?
No, a collection agency cannot sue you after the statute of limitations expires. However, they can still contact you and attempt to collect. If you make a payment or acknowledge the debt in writing, you may restart the statute of limitations in some states. Do not assume the debt is gone just because it is old—consult a lawyer if you are unsure.
Do I have to pay a collection agency if the original creditor sold the debt?
Yes, you still owe the debt. When a creditor sells a debt to a collection agency, the agency becomes the legal owner of the right to collect it. You owe the same amount to the agency as you owed to the original creditor. The sale does not erase or reduce your obligation.