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Debt validation

Date: Tue, 11/27/2007 - 12:12

Submitted by jazzy4136
on Tue, 11/27/2007 - 12:12

Posts: 104 Credits: [Donate]

Total Replies: 4


I had a vehicle repossessed approx. 5 years ago. The debt was sold to a collection agency called Action Management. They got a judgment against me and I had been letting them debit my account for the last 4 years or so for a monthly payment. I found out that the debt has been sold to another collection agency called Remit Corp. How does this work the original judgment was in the name of Action Management. The new company bought the debt, did they purchase the judgment so to speak? Does the judgement transfer from one company to another? Does the new collection agency have to validate the debt?

Thanks


The new company has an "assignment of judgement" from the old company, so yes it does simply transfer over.

When a company buys another company they usually acquire assets (furniture and stuff). Well, the accounts receivable is considered an "asset," and so it goes with the furniture.

So you are bound to the judgement although the company might want to talk about a "settlement" for a lump sum payment. If you can round up some money, it might not be a bad idea to check into it.


lrhall41

Submitted by on Tue, 11/27/2007 - 14:17

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As soon as a new DCA or DC becomes owner of a debt, a consumer should demand verification within the 30 days alotted by the fdcpa.

A consumer who has experienced the sale of a consumer debt should try to confirm in writing that it indeed has been sold. If one pays an imposter or a "new" creditor (DC) who mistakely believes that it now owns the debt, he or she still owes the money to the "real" creditor (DC).


lrhall41

Submitted by JAM on Wed, 11/28/2007 - 09:12

( Posts: 15 | Credits: )


I would also like to add that I wish I had know better at the time, but I was never informed of a court date by Action Management, the original debt collector. One day they sent me a copy of the paperwork for the judgment and that was it. Shouldn't I have been informed first and the debt validated at that point?


lrhall41

Submitted by jazzy4136 on Wed, 11/28/2007 - 10:35

( Posts: 104 | Credits: )