Can a creditor turn you over to collections while you are making payments and they are accepting the payments?

Asked almost 4 years ago - Oklahoma City, OK

Can a creditor turn you over to collections while you are making payments and they are accepting the payments? I had heard that in Oklahoma so long as you were making an honest effort to pay and they were accepting payment that you could not be turned into collections.

Attorney answers (3)

  1. Dorothy G Bunce

    Pro

    Contributor Level 20

    Answered . A debt can be turned over to a collector at any time for any reason or for no reason at all. Although I am not familiar with Oklahoma laws in particular, most laws pertaining to debt collection are based on federal laws.

    You may wish to go to the state website and search to determine if your understand is correct or if you are just repeating one of those urban myths that refuse to die.

    Hope this perspective helps!

  2. Jared Loyal Haddock

    Contributor Level 10

    Answered . I agree with the earlier replies that a creditor can generally turn the account over for collections at any time and for any reason, though, as stated, you may wish to get more specific information relevant in your jurisdiction.

    I often encounter the rumor from clients who tell me that their creditors "cannot do anything" to them if they send them some small payment every month. I always wonder what makes people believe this. If a creditor is not pursuing you actively and you are sending them payments (regardless how small or large), it is not because they can't do so - it only means they aren't doing so. In truth, some collector's are actually content with debtors who make some "best effort" payment because the interest keeps on growing (sometimes faster than the debtor is paying).

  3. Thomas A McAvity

    Pro

    Contributor Level 14

    Answered . While I cannot speak to Oklahoma law, I cannot imagine that a business would be barred from outsourcing any of its functions to another company. The creditor can turn you over to collections.

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