Legal Question in Credit and Debt Law in Missouri
I am being sued on a debt that was sold to another company after my original deb
I am being sued by a collector that bought this debt from my original debtor, after the orignal charges it off. Am I legally bound to pay this debt to the debtor that bought debt? In your opion will the judgement be against me?
1 Answer from Attorneys
Re: I am being sued on a debt that was sold to another company after my original
Without seeing the note, taking note of the last payment, and when it was made, and without further studying the documents in the case, I can't advise you on the probability of success. You don't say how large the amount is, so I don't know if the case is in Associate or Circuit court. It's very hard to advise you under these circumstances.
A speculator can buy a bad debt and pursue you for it. However, if the original debtor wrote off your debt, and hit you with a 1099 for forgiveness of debt (you would have gotten that in the mail), you may have a defense on that basis, or, at the very least, a set-off.
The best course of action is to talk to a local attorney as soon as possible.