If you're ignoring a debt in collections, you're not alone—but the consequences can be serious. This article walks you through exactly what can happen, from credit damage to lawsuits, and what you can do to protect yourself.
Your Credit Score Takes a Big Hit
When a debt goes to collections, the original creditor reports the account as charged off or transferred to a collection agency. The collection account itself appears on your credit report, causing a significant drop in your credit score—often 100 points or more. The impact lessens over time, but the negative mark stays for seven years from the original delinquency date.
What you can do: If you pay the debt or settle it, the collection account will be marked as "paid" or "settled," which is better than an unpaid collection. However, paying does not remove the entry. You can ask the collector for a "pay-for-delete" agreement (though not all agencies agree), or wait for the seven-year period to pass.
The Collection Agency Will Keep Contacting You
Under the Fair Debt Collection Practices Act (FDCPA), collectors can call, send letters, and email you—but within limits. They cannot call before 8 a.m. or after 9 p.m., use abusive language, or threaten you with actions they cannot take (like jail). If you want them to stop, send a written cease-and-desist letter. Note: This doesn't erase the debt; it just stops communication. They may still sue you.
Know your rights: You can request debt validation within 30 days of first contact. The collector must provide proof you owe the debt. If they cannot, you can dispute it and potentially have it removed from your credit report.
Interest and Fees May Continue to Grow
Whether interest and fees continue depends on your original contract and state law. Some creditors stop adding interest after charge-off, while others allow it. Collection agencies often add their own fees. The total can balloon, making an original $500 debt turn into $1,000 or more. Check your state's laws on post-charge-off interest—some cap it.
Action step: Request a written breakdown of the debt, including principal, interest, and fees. If you negotiate a settlement, always get the agreement in writing before paying.
The Debt Collector May Sue You
If the debt is large enough (usually over $1,000–$5,000, depending on the collector), they may file a lawsuit. You'll be served with a summons and complaint. If you ignore it, the court enters a default judgment against you. That judgment gives the collector powerful tools to collect, such as wage garnishment (taking a portion of your paycheck) or bank account levies (freezing and taking money).
Don't ignore a lawsuit. Even if you can't pay, respond to the summons by the deadline. You might have defenses (e.g., the debt is too old, or it's not yours). Consider consulting a consumer attorney—many offer free initial consultations.
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Check Now (Free) →Wage Garnishment and Bank Levies Are Possible
If a collector wins a judgment, they can ask the court to garnish your wages (typically 25% of disposable income, but limits vary by state) or levy your bank account. Some assets are protected, like Social Security benefits, unemployment, and child support. You may be able to claim exemptions. Each state has different rules—check your state's garnishment limits and exemption laws.
Protect yourself: If you receive a notice of garnishment, you can file an exemption claim. For federal benefits, tell the bank they are protected. For wage garnishment, you may qualify for a hardship hearing.
The Debt Eventually Becomes Time-Barred
Every state has a statute of limitations (SOL) on debt collection lawsuits—typically 3 to 10 years for written contracts. Once the SOL expires, the collector can still ask you to pay, but they cannot sue you. However, making a partial payment or even acknowledging the debt in writing can restart the clock in some states. Be cautious: if you're unsure, don't admit the debt or make a payment without legal advice.
Important: The SOL does not remove the debt from your credit report (seven years from first delinquency). Also, if you move to a different state, the SOL may change. Check your state's rules or consult a lawyer.
Your Tax Refund Could Be Intercepted (for Certain Debts)
If you owe federal debts like student loans, child support, or taxes, the government can intercept your tax refund—even without a judgment. For private debts (credit cards, medical bills), a collector cannot take your refund unless they have a court judgment and the state allows bank levies. But if you have a judgment, they may be able to levy your bank account, which could include your refund after it's deposited.
What to do: If you expect a refund and are worried about garnishment, consider filing early and using a separate bank account for protected funds. For federal debts, look into repayment plans or hardship options.
Frequently asked questions
Can I go to jail for not paying a debt in collections?
No. In the United States, you cannot be jailed for failing to pay a civil debt like credit cards, medical bills, or personal loans. However, if you ignore a court order to appear or fail to pay court-ordered child support or taxes, you could face legal consequences including jail. Collection agencies sometimes threaten arrest, but that's illegal under the FDCPA.
Should I pay a debt that's past the statute of limitations?
You are not legally required to pay a time-barred debt, but paying can restart the statute of limitations in some states, making you vulnerable to a lawsuit. If you decide to pay, get a written agreement that the collector will not sue you. Many consumer advocates recommend not paying old debts unless you can negotiate a settlement and get it in writing first.
Can a collection agency take my house or car?
It's rare, but possible. If a collector obtains a judgment, they can place a lien on your property, which must be paid when you sell. They can also repossess a car if the loan was secured by the vehicle. For unsecured debts (credit cards, medical bills), they usually cannot force you to sell your home, but they may be able to garnish wages or levy bank accounts. Homestead exemptions protect some equity in your primary residence—check your state's laws.
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