junkdebt buyer vs third party

Sometimes you just cannot know. Some will tell you they purchased the debt, others won't. Most won't tell you because they want to be able to sue you on behalf of the original creditor's name later on.

Ok, I got a letter and the attorney just claimed to "represent" the original creditor. That can mean anything.

so we have to go to court, and then go through discovery, I get it.

Thanks,

In most states when you go to court the attorney will offer a settlement plan and arrange payments through a mediator! If you do not want a judgement on your credit make sure you have a strong case because they do this everyday and you do not! It is best to have an attorney or have the attorney agree not to report!

here's the basic deal--if youre dealing with ANYONE other than the original creditor, then you are dealing with a third party, period. If youre dealing with an attorney who says he represents the original creditor, then you are still dealing with a third party. If youre dealing with a debt collector that was assigned the account by the O/C, youre still dealing with a third party. The one and only time that this will not apply is if the OC has a contract with some other debt collector and that debt collector is the OC's only collecting party....in which case, they will usually identify themselves as being from the OC and not from a separate company. And know this--the one and only time that the FDCPA does not apply is when youre dealing with the OC and/or the debt collector under contract to that OC. Anyone else, no matter what they try to tell you, is a third party and therefore they are bound by the FDCPA.

thank you thank you thank you skydivr.. And thanks for clarifying the language. When I called the OC, the representative told me that the account had been turned over, and I could not deal with the OC anymore. I am pretty sure they sold off the account, and these people do not have anything with my signature on it. Heck, not even the OC does. But the law firm has absolutely NOTHING