Sparks, NV asked in Bankruptcy and Collections for Nevada

Q: I have a credit card debt. It was sold to collections but the company is still coming after me and racking up interest

Once the debt is sold are they allowed to still post late payments on my credit every month and rack up interest while still calling me all the time trying to collect the debt.

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Based on the information provided, I can offer some general insights on this situation, but please note that this is not legal advice. For specific guidance on your case, you should consult with a bankruptcy attorney or a consumer protection lawyer in Nevada.

Generally speaking, when a credit card debt is sold to a collection agency:

1. Original creditor's actions: Once the original creditor sells the debt, they typically should stop reporting late payments or adding interest to the account. They should mark the account as "sold" or "transferred" on your credit report.

2. Collection agency's actions: The collection agency that bought the debt can:

- Report the account to credit bureaus as a collection account

- Attempt to collect the debt through phone calls and letters

- In some cases, add interest and fees, depending on the terms of the original agreement and state laws

However, there are some important points to consider:

1. Double reporting: It's not allowed for both the original creditor and the collection agency to report the same debt as active on your credit report. This would be considered double reporting and can be disputed.

2. Fair Debt Collection Practices Act (FDCPA): This federal law regulates how debt collectors can behave. They're not allowed to harass you or use unfair practices.

3. Statute of limitations: In Nevada, the statute of limitations on credit card debt is generally 4 years. After this time, while the debt still exists, it becomes time-barred and creditors cannot successfully sue you for it.

4. Validation of debt: You have the right to request debt validation from the collection agency. They must prove that they own the debt and the amount is correct.

If you believe the original creditor is improperly reporting on a debt they've sold, or if the collection agency is engaging in unfair practices, you can:

1. Dispute the information with the credit bureaus

2. Send a cease and desist letter to stop communication from the debt collector

3. File a complaint with the Consumer Financial Protection Bureau (CFPB) or the Nevada Attorney General's office

Remember, dealing with debt collection can be complex. If you're unsure about your rights or the best course of action, it's advisable to consult with a local consumer protection attorney or a credit counseling agency for personalized advice.

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