Legal Question in Credit and Debt Law in Texas

Collections after settlement

If a lender writes off an account and allows a 3rd party to collect on their behalf and the collections agency reaches a settlement with the debtor, does the lender then have any legal grounds to ask the debtor to pay additional money to make themselves ''whole''? If so, in what instances?


Asked on 3/31/04, 3:29 pm

1 Answer from Attorneys

Peter Bradie Bradie, Bradie & Bradie

Re: Collections after settlement

That would be rather unusual, but it depends on whether the collector bought the debt or is merely an agent for the creditor.

If the collector bought the debt, then the original creditor cannot come back at the debtor once the debtor settles with the collector.

If the collector is an agent for the creditor, the collector usually has authority from the creditor to settle with the debtor. But if the collector has settled without authority, the creditor may come back at the debtor. In that instance, the debtor has the defense of implied authority to settle, and that would usually prevail.

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Answered on 3/31/04, 4:17 pm


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