Legal Question in Credit and Debt Law in Florida

collections

Can a collection agency file a judgement on a debt that has been written off by the original company to whom the debt was owed?


Asked on 12/09/08, 8:49 am

1 Answer from Attorneys

Angelo Marino Angelo Marino Jr. PA

Re: collections

I am not sure the facts are stated properly, so my explanation is in accordance with what I think you are asking.

First, if the original company sent you a paper stating that you do not owe the bill any longer, it wrote off the debt, then you should not be sued and can use the document as a defense. However, many times the original debtor will sell the debt to another and "write it off" for pennies on the dollar. If this is the case, then collection agency can sue you to obtain a judgement because the debt has been assigned to it. No judgement attaches unless you are first sued and then lose the case.

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Answered on 12/09/08, 10:10 pm


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