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Can original creditor and collection agency?

Writer Emily Carr

Unfortunately, you’re still obligated to pay a debt even if the original creditor sells it to a collection agency. As long as you legally consented to repay your loan in the first place, it doesn’t matter who owns it. You may be able to pay less than you actually owe, though.

Can creditors file a lawsuit?

In California, creditors and debt buyers of consumer debts must file the lawsuit in the county where you obtained the debt they are suing on, in the county where you lived at the time you obtained the debt or in the county where you live at the time the lawsuit is filed.

How do I fight a debt lawsuit?

1. Respond to the lawsuit or debt claim

  1. Don’t admit liability for the debt; force the creditor to prove the debt and your responsibility for it.
  2. File the Answer with the Clerk of Court.
  3. Ask for a stamped copy of the Answer from the Clerk of Court.
  4. Send the stamped copy certified mail to the plaintiff.

Can a debt buyer Sue a collection company?

If you receive a collection lawsuit, the company that filed the suit might not be the creditor from which you incurred the debt. If this is the case, it is likely that a debt buyer is suing you.

What to do if a creditor sues you?

Whether plaintiff has violated the Fair Debt Collection Practices Act. If a creditor sues you, you may be able to assert violations of this Act as a countersuit or setoff in the action that is proceeding against you. If creditor does not have standing to sue you. A creditor can only pursue a lawsuit against you if a relationship exists.

Can a lawyer be considered a debt collector?

And, the Court rejected what it characterized as the majority view adopted in many district courts that mortgage foreclosure, without a claim for a money judgment in the foreclosure complaint, is not debt collection, but simply enforcement of a security interest.

Where can I find information on debt collector lawsuits?

The National Consumer Law Center (NCLC) website is also a good source of information on consumer matters, including debt collection limitations during the coronavirus outbreak. If you receive a collection lawsuit, the company that filed the suit might not be the creditor from which you incurred the debt.