Legal Question in Administrative Law in California
Collection agency
I was contacted by a collection agency who is trying to collect a
debt that I owed to a credit union. I just received a copy of my credit report and it states that the credit union has written it off.Does this agency have any jurisdiction to harrase my or garnish my wages or anything of that sort.
2 Answers from Attorneys
Re: Collection agency
Yes, the debt is still subject to collection by the collection agency as the assignee of the debt. A creditor can sell a debt to a bill collector or speculator. They do so to take the loss and clean up their books. The new holder then has all the rights of the original creditor, including the right to dun you and to sue. However, you also have all the defenses you had against the original creditor, including the right to assert the statute of limitations when it applies.
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