Legal Question in Credit and Debt Law in South Dakota
debt collectors
if a debt has been wrote off,can a debt collector buy it and collect it by law?
Asked on 7/06/09, 12:19 am
2 Answers from Attorneys
Frank Loscalzo
Law Office of Frank Loscalzo
Re: debt collectors
Charge off is just an accounting term. It means that the claim is no longer viewed as an asset, but as a loss.
If the claim was valid, they can sell it to a debt buyer and that debt buyer bring a collection lawsuit.
There are reason why that might not happen such as the statute of limitations, and others. But the "charge off" itself changes nothing.
Answered on 7/07/09, 10:53 am
David Anderson
Anderson Business Law LLC
Re: debt collectors
Yes, unless it is beyond the relevant Statute of Limitations. There are certain requirements that must be met before debt can be collected by a Third Party to which the debt is assigned.
Answered on 7/06/09, 7:21 am