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• Managing Your Debt

Debt Validation Requirements for Collectors

Know your rights when collection agencies call

• Why Request Validation?

Debt Validation Is Time-Sensitive

Submitting a validation request.

• The Collector's Response

If the Collector Verifies the Debt

Settling your debt, frequently asked questions (faqs).

The Balance / Theresa Chiechi

Has a debt collector ever contacted you about a debt that you weren’t sure was yours? Or maybe you weren't sure the collector had the right to collect the debt? Any time a collector attempts to collect a debt, you have the right to ask them to send proof of that debt, the amount they claim you owe, and their legal ability to collect the debt from you.

The Fair Debt Collection Practices Act (FDCPA), a federal law regulating third-party debt collectors, allows you to request the debt collector to send proof of the debt through a process called debt validation.  

Why You Should Request Validation Before You Pay

You might want to just pay the collection and get it over with, particularly if you know the debt is yours and you need to pay it off to have a loan application approved. However, there are some strong reasons to exercise your right to request validation of the debt.

• Verify the debt is yours : Debt collectors have been known to send bills or make calls for bogus debts , so don't assume that a bill from a debt collector automatically means you owe. The letter may look legitimate, but in this digital age, it's easy to gather enough information about a person and their financial dealings to create a fake debt collection notice.  
• Confirm you haven't already paid : What if you already paid the debt? You may vaguely remember owing the creditor named on the collection notice or you may recall paying that debt at some point. To be certain, ask for proof. It's your right.  
• Force the debt collector to prove the debt is real : Sometimes debt collectors resurrect old debts in an attempt to make some money. With old debts, there's a good chance the collector doesn't have the original documents proving that you even owe. Would you really pay money to someone who says you owe them, but can't prove it? Of course not.
• Make sure the collector is authorized to collect the debt : Even if you really owe the money, how do you know the creditor actually hired this company to collect the debt on their behalf? What if you paid the collector, only to have the creditor or another collector come after you because the collector you paid was never hired in the first place? Sending a debt validation letter would help you be sure you're paying the right company for the right debt.

Within five days of its first communication to you, the debt collector is required to send a written debt validation notice to you. This notice will state ​your right to dispute the validity of the debt within 30 days. The FDCPA allows the collector to include the debt validation notice in the initial communication if that communication is a letter. When the debt collector’s first communication with you is a phone call, you should receive a debt validation letter from them within five days.

If you don’t dispute the debt in writing within 30 days, the debt collector has the right to assume the debt is valid. During the 30-day period, the collector can continue attempts to collect the debt from you until they receive your validation request.

To be legally valid, your request for proof must be made in writing. A verbal phone request for debt validation is not enough to protect your rights under the FDCPA. In your validation letter , you can dispute the entire debt, part of the debt, or request the name of the original creditor. Once the debt collector receives your validation request, they cannot contact you again until they've provided you with the proof you've asked for.  

The best way to send your debt validation request is via certified mail with return receipt requested. This way, you have proof that the letter was mailed, the date you mailed it, and verification of when the debt collector received your letter. If you have to file a lawsuit against the debt collector, the certified and return receipts will help strengthen your case.    

The certified mail receipt shows that you mailed the letter within the 30-day time frame and that the collector received it.

The Collector's Response

After receiving your dispute, the collection agency must send you proof that it owns or has been assigned the debt by the original creditor. Verification that you owe the debt and the amount of the debt needs to include documentation from the original creditor (you'll receive the proof from the debt collector, not the original creditor). You can also specifically request the name and address of the creditor for your own follow-up.  

If the debt collector does not send sufficient proof of the debt, they are not allowed to continue pursuing you for the debt. That includes listing the debt on your credit report—you can dispute the debt that hasn't been adequately validated with the credit bureaus. Send the credit bureau a copy of your debt validation letter along with the certified and return receipts to help get the account removed from your credit report .  

Always send copies of your proof and keep the originals for yourself. You can make additional copies if you need to dispute again in the future.

If you receive sufficient validation of the debt, you have to decide what to do next. Confirm the debt is within the statute of limitations —that's the amount of time a creditor or collector can use the courts to collect a debt from you. A debt that's outside the statute of limitations poses less of a threat to you since the collector can't win a judgment against you in court (as long as you can prove the statute of limitations has passed).

Check to see whether the debt is still within the credit reporting time limit, too. Most negative information—like a debt collection—can only be listed on your credit report seven years from the date of the delinquency. If the date of your delinquency is more than seven years ago, the debt should not appear on your credit report and, in that case, it won't hurt your credit to continue not paying the debt.

If the debt is old and scheduled to be removed from your credit report in less than two years, you may decide to simply let it fall off your credit report, especially if you're not planning to get a major loan in that time period.

What if the debt collection has been verified and is within the statute of limitations or the credit reporting time limit? You can try to settle with the collector for a percentage of the amount owed or offer a pay for delete agreement if the account is listed on your credit report. You'll have to be in a position to pay the account off quickly for this to work, however.

Paying in full is also an option—one you might choose if you plan to apply for a major loan before the debt drops off your credit report.

Ignoring the debt can have negative consequences, including damage to your credit, continuous debt collection attempts, and possibly even a lawsuit.

How long does a debt collector have to respond to your debt validation request?

There isn't a set time limit that determines when a debt collector has to respond to your validation request. However, they will not be able to try to collect the debt until they validate it, so debt collectors are likely to respond quickly if the debt is legitimate.

How do you write the letter to request debt validation?

The Consumer Financial Protection Bureau has a sample letter for this and several other situations you may encounter with a debt collector. In general, you want to provide and ask for as much detail as you can. Explain exactly when you were first contacted and what you were told. Ask for details about the debt including names and addresses on the account, a copy of the last billing statement from the original creditor, when the debt became due, and when it became delinquent.

U.S. Federal Trade Commission. " Fair Debt Collection Practices Act ."

Consumer Financial Protection Bureau. " How to Tell the Difference Between a Legitimate Debt Collector and Scammers ."

Consumer Financial Protection Bureau. " A Debt Collector Contacted Me About a Debt I Already Paid. What Should I Do? "

Consumer Financial Protection Bureau. " What Information Does a Debt Collector Have to Give Me About the Debt? "

State of California Department of Justice. " Debt Collectors ."

FTC Consumer Information. " Debt Collection FAQs ."

Experian. " How Long Does It Take for Information to Come Off Your Credit Reports? "

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• Corporate Finance
• Corporate Debt

Debt Assignment: How They Work, Considerations and Benefits

Daniel Liberto is a journalist with over 10 years of experience working with publications such as the Financial Times, The Independent, and Investors Chronicle.

Charlene Rhinehart is a CPA , CFE, chair of an Illinois CPA Society committee, and has a degree in accounting and finance from DePaul University.

Katrina Ávila Munichiello is an experienced editor, writer, fact-checker, and proofreader with more than fourteen years of experience working with print and online publications.

Investopedia / Ryan Oakley

What Is Debt Assignment?

The term debt assignment refers to a transfer of debt, and all the associated rights and obligations, from a creditor to a third party. The assignment is a legal transfer to the other party, who then becomes the owner of the debt . In most cases, a debt assignment is issued to a debt collector who then assumes responsibility to collect the debt.

Key Takeaways

• Debt assignment is a transfer of debt, and all the associated rights and obligations, from a creditor to a third party (often a debt collector).
• The company assigning the debt may do so to improve its liquidity and/or to reduce its risk exposure.
• The debtor must be notified when a debt is assigned so they know who to make payments to and where to send them.
• Third-party debt collectors are subject to the Fair Debt Collection Practices Act (FDCPA), a federal law overseen by the Federal Trade Commission (FTC).

How Debt Assignments Work

When a creditor lends an individual or business money, it does so with the confidence that the capital it lends out—as well as the interest payments charged for the privilege—is repaid in a timely fashion. The lender , or the extender of credit , will wait to recoup all the money owed according to the conditions and timeframe laid out in the contract.

In certain circumstances, the lender may decide it no longer wants to be responsible for servicing the loan and opt to sell the debt to a third party instead. Should that happen, a Notice of Assignment (NOA) is sent out to the debtor , the recipient of the loan, informing them that somebody else is now responsible for collecting any outstanding amount. This is referred to as a debt assignment.

The debtor must be notified when a debt is assigned to a third party so that they know who to make payments to and where to send them. If the debtor sends payments to the old creditor after the debt has been assigned, it is likely that the payments will not be accepted. This could cause the debtor to unintentionally default.

When a debtor receives such a notice, it's also generally a good idea for them to verify that the new creditor has recorded the correct total balance and monthly payment for the debt owed. In some cases, the new owner of the debt might even want to propose changes to the original terms of the loan. Should this path be pursued, the creditor is obligated to immediately notify the debtor and give them adequate time to respond.

The debtor still maintains the same legal rights and protections held with the original creditor after a debt assignment.

Special Considerations

Third-party debt collectors are subject to the Fair Debt Collection Practices Act (FDCPA). The FDCPA, a federal law overseen by the Federal Trade Commission (FTC), restricts the means and methods by which third-party debt collectors can contact debtors, the time of day they can make contact, and the number of times they are allowed to call debtors.

If the FDCPA is violated, a debtor may be able to file suit against the debt collection company and the individual debt collector for damages and attorney fees within one year. The terms of the FDCPA are available for review on the FTC's website .

Benefits of Debt Assignment

There are several reasons why a creditor may decide to assign its debt to someone else. This option is often exercised to improve liquidity  and/or to reduce risk exposure. A lender may be urgently in need of a quick injection of capital. Alternatively, it might have accumulated lots of high-risk loans and be wary that many of them could default . In cases like these, creditors may be willing to get rid of them swiftly for pennies on the dollar if it means improving their financial outlook and appeasing worried investors. At other times, the creditor may decide the debt is too old to waste its resources on collections, or selling or assigning it to a third party to pick up the collection activity. In these instances, a company would not assign their debt to a third party.

Criticism of Debt Assignment

The process of assigning debt has drawn a fair bit of criticism, especially over the past few decades. Debt buyers have been accused of engaging in all kinds of unethical practices to get paid, including issuing threats and regularly harassing debtors. In some cases, they have also been charged with chasing up debts that have already been settled.

Federal Trade Commission. " Fair Debt Collection Practices Act ." Accessed June 29, 2021.

Federal Trade Commission. " Debt Collection FAQs ." Accessed June 29, 2021.

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Assignment Of Debt: Definition & Sample

Jump to section, what is an assignment of debt.

Assignment of debt is an agreement that transfer debt, rights, and obligations from a creditor to a third party. Assignment of debt agreements are commonly found when a creditor issues past due debt to a debt collection agency. The original lender will be relieved of all obligations and the agency will become the new owner of the debt. Debt assignment allows creditors to improve liquidity by reducing their financial risk. If a creditor has taken on a large amount of unsecured debt, an assignment of debt agreement is a quick way to transfer some of the unsecured loans to another party.

Common Sections in Assignments Of Debt

Below is a list of common sections included in Assignments Of Debt. These sections are linked to the below sample agreement for you to explore.

Assignment Of Debt Sample

Reference : Security Exchange Commission - Edgar Database, EX-10 19 ex107.htm ASSIGNMENT OF DEBT AND SECURITY , Viewed October 25, 2021, View Source on SEC .

Who Helps With Assignments Of Debt?

Lawyers with backgrounds working on assignments of debt work with clients to help. Do you need help with an assignment of debt?

Post a project  in ContractsCounsel's marketplace to get free bids from lawyers to draft, review, or negotiate assignments of debt. All lawyers are vetted by our team and peer reviewed by our customers for you to explore before hiring.

ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.

Meet some of our Assignment Of Debt Lawyers

Jo Ann has been practicing for over 20 years, working primarily with high growth companies from inception through exit and all points in between. She is skilled in Mergers & Acquisitions, Contractual Agreements (including founders agreements, voting agreements, licensing agreements, terms of service, privacy policies, stockholder agreements, operating agreements, equity incentive plans, employment agreements, vendor agreements and other commercial agreements), Corporate Governance and Due Diligence.

Jeremiah C.

Creative, results driven business & technology executive with 24 years of experience (15+ as a business/corporate lawyer). A problem solver with a passion for business, technology, and law. I bring a thorough understanding of the intersection of the law and business needs to any endeavor, having founded multiple startups myself with successful exits. I provide professional business and legal consulting. Throughout my career I've represented a number large corporations (including some of the top Fortune 500 companies) but the vast majority of my clients these days are startups and small businesses. Having represented hundreds of successful crowdfunded startups, I'm one of the most well known attorneys for startups seeking CF funds. I hold a Juris Doctor degree with a focus on Business/Corporate Law, a Master of Business Administration degree in Entrepreneurship, A Master of Education degree and dual Bachelor of Science degrees. I look forward to working with any parties that have a need for my skill sets.

Benjamin W.

I am a California-barred attorney specializing in business contracting needs. My areas of expertise include contract law, corporate formation, employment law, including independent contractor compliance, regulatory compliance and licensing, and general corporate law. I truly enjoy getting to know my clients, whether they are big businesses, small start-ups looking to launch, or individuals needing legal guidance. Some of my recent projects include: -drafting business purchase and sale agreements -drafting independent contractor agreements -creating influencer agreements -creating compliance policies and procedures for businesses in highly regulated industries -drafting service contracts -advising on CA legality of hiring gig workers including effects of Prop 22 and AB5 -forming LLCs -drafting terms of service and privacy policies -reviewing employment contracts I received my JD from UCLA School of Law and have been practicing for over five years in this area. I’m an avid reader and writer and believe those skills have served me well in my practice. I also complete continuing education courses regularly to ensure I am up-to-date on best practices for my clients. I pride myself on providing useful and accurate legal advice without complex and confusing jargon. I look forward to learning about your specific needs and helping you to accomplish your goals. Please reach out to learn more about my process and see if we are a good fit!

Texas licensed attorney specializing for 22 years in Business and Contract law with a focus on construction law and business operations. My services include General Business Law Advisement; Contract Review and Drafting; Legal Research and Writing; Business Formation; Articles or Instructive Writing; and more. I am able to draft and review contracts, and have experience with, contract law and business formation in any state. For more insight into my skills and experience, please feel free to visit my LinkedIn profile or contact me with any questions.

I am a licensed attorney and a member of the California Bar. I graduated from the University of Dayton School of Law's Program in Law and Technology. I love IP, tech transfers, licensing, and how the internet and developing technology is changing the legal landscape. I've interned at both corporations and boutique firms, and I've taken extensive specialized classes in intellectual property and technology law.

Charlotte L.

I hold a B.S. in Accounting and a B.A. in Philosophy from Virginia Tech (2009). I received my J.D. from the University of Virginia School of Law in 2012. I am an associate member of the Virginia Bar and an active member of the DC bar. Currently, I am working as a self-employed legal consultant and attorney. Primarily my clients are start-up companies for which I perform various types of legal work, including negotiating and drafting settlement, preparing operating agreements and partnership agreements, assisting in moving companies to incorporate in new states and setting up companies to become registered in a state, assisting with employment matters, drafting non-disclosure agreements, assisting with private placement offerings, and researching issues on intellectual property, local regulations, privacy laws, corporate governance, and many other facets of the law, as the need arises. I have previously practiced as an attorney at a small DC securities law firm and worked at Deloitte Financial Advisory Services LLC. My work experience is dynamic and includes many short-term and long term experience that span across areas such as maintaining my own blog, freelance writing, and dog walking. My diverse background has provided me with a stong skill set that can be easily adapted for new areas of work and indicates my ability to quickly learn for a wide array of clients.

With over 25 years of experience in the technology sector, I am a strategic business counsel, outsourced general counsel, and a leader of high-performing legal teams aimed to help maximize the efficiency of all stakeholders. I recently joined the renewable energy space with the addition of a new client on its way to becoming the first Chinese battery company to build a battery manufacturing presence in the US beginning with a 1+ GWh cell and pack plant, and a domestic anode and cathode plant. In my most recent full-time role, I served as the Sr. Director and Assistant General Counsel at SMART Global Holdings, where I served as the general counsel for the HPC and AI division of this publicly traded holding company, comprised of four companies, before becoming the global head of the commercial legal function across all portfolio companies, including two multinational industry leaders. During much of my career, I provided outside legal services on a recurring basis for several years advising several high growth start-ups and venture firms as well as house hold names, and also led one of the country's fastest growing infrastructure resellers and managed services providers. My core competencies include contract review, commercial negotiation, legal operations, information security, privacy, supply chain and procurement, alliances and channel sales, HR, and general corporate. I am passionate about leveraging my legal skills to achieve business solutions, supporting innovation and growth in the technology sector, and helping maximize the commercial flow and efficiency at growing companies. I hold an undergraduate business degree, a JD, a MSBA Taxation, and certifications from the California Bar Association, Six Sigma, and ISM.

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• How Does Debt Assignment Work?

Chloe Meltzer | December 07, 2023

Legal Expert Chloe Meltzer, MA

Chloe Meltzer is an experienced content writer specializing in legal content creation. She holds a degree in English Literature from Arizona State University, complemented by a Master’s in Marketing from California Polytechnic State University-San Luis Obispo.

Edited by Hannah Locklear

Editor at SoloSuit Hannah Locklear, BA

Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.

Summary: What are your options when your debt has been assigned to a debt collector? Find out why a creditor might have assigned your debt and how to deal with it.

Debt assignment refers to a transfer of debt. This includes all of the associated rights and obligations, as it goes from a creditor to a third party. Debt assignment is essentially the legal transfer of debt to a debt collector (or debt collection agency). After this agency purchases the debt, they will have the responsibility to collect the debt, meaning you will pay your debt to them.

File a response with SoloSuit to win against debt collectors.

Find Out How Debt Assignment Works

When a creditor or lender no longer wants to be responsible for attempting to collect your debt, they will sell your debt to a third party. When this occurs, a Notice of Assignment (NOA) is sent out to you. This should inform you of who is responsible for collecting the rest of your loan or debt.

Legally you must be notified if your debt is assigned to someone new. This is to ensure that you know where to make payments to. If you are not aware of the new assignment, you may send payments to the wrong location which could force you into unintentional default.

Know How the FDCPA Protects You

Third-party debt collectors must act according to the Fair Debt Collection Practices Act (FDCPA). This federal law restricts the methods by which a debt collector can contact you, and attempt to collect debts. The FDCPA regulates the time of day or night a collector can make contact, how often they can call, as well as what they say and how they say it.

If you believe that a debt collector has violated the FDCPA, then you may be able to file a suit against that company. You may also be able to sue for damages or attorney fees.

Stand up to debt collection agencies with SoloSuit.

Learn Why a Creditor Assigns Debt

There are a few reasons why a creditor may assign your debt. Typically, the most common reason is to reduce their risk. By assigning and selling the debt it is no longer their liability. They can ensure they recoup some of their money, and appease investors as well.

Discover How Purchasing a Debt Differs from Debt Assignment

The purchase of debt occurs before assignment. Before the assignment of delinquent debt, a collection agency will be required to purchase it. This is often done at a far lower price, while they still attempt to recoup the entire debt. Because of this, it allows you to attempt to settle your debt for less.

Understand Why Debt Assignment Is Often Criticized

The process of assigning debt is often seen as unethical. With threats, harassment, and lies of all kinds, many debt buyers have been accused of violating the FDCPA. Because of this, debt assignment has seen a good amount of criticism. Some cases have even seen consumers charged with debts that have already been settled or paid .

Nevertheless, this shows how important it is to be on top of your debts. The number one choice you should make with any debt or debt assignment is to respond to all correspondence. This will ensure that you stay in compliance, and act when you need to.

What is SoloSuit?

SoloSuit makes it easy to respond to a debt collection lawsuit.

How it works: SoloSuit is a step-by-step web-app that asks you all the necessary questions to complete your answer. Upon completion, you can either print the completed forms and mail in the hard copies to the courts or you can pay SoloSuit to file it for you and to have an attorney review the document.

Respond with SoloSuit

"First time getting sued by a debt collector and I was searching all over YouTube and ran across SoloSuit, so I decided to buy their services with their attorney reviewed documentation which cost extra but it was well worth it! SoloSuit sent the documentation to the parties and to the court which saved me time from having to go to court and in a few weeks the case got dismissed!" – James

>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate

>>Read the NPR story on SoloSuit: A Student Solution To Give Utah Debtors A Fighting Chance

How to Answer a Summons for debt collection in all 50 states

Here's a list of guides on how to respond to a debt collection lawsuit in each state:

The Ultimate 50 State Guide

• Connecticut
• Massachusetts
• Mississippi
• New Hampshire
• North Carolina
• North Dakota
• Pennsylvania
• Rhode Island
• South Carolina
• South Dakota
• Vermont ; Vermont (Small Claims court)
• West Virginia

Guides on how to resolve debt with every debt collector

Are you being sued by a debt collector? We’re making guides on how to resolve debt with each one.

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• Phoenix Financial Services
• Pioneer Credit Recovery
• PRA Group, Inc.
• Pressler, Felt & Warshaw LLP
• Prestige Services, Inc.
• Prince Parker and Associates
• Professional Finance Company
• Progressive Management Systems
• Provest Law
• Quaternary Collection Agency
• RAB Collection Agency
• Rash Curtis and Associates
• Radius Global SOL
• Radius Global Solutions
• Rawlings Company
• Razor Capital
• Real Time Resolutions
• Receivables Performance Management
• Regents and Associates
• Reliant Capital Solutions
• Resurgent Capital Services and LVNV Funding
• Revco Solutions
• Revenue Enterprises LLC
• Revenue Group
• RGS Financial, Inc.
• RMP LLC in Court
• RMP Services
• RS Clark and Associates
• RTR Financial Services
• Rubin & Rothman
• Salander Enterprises LLC
• Samara Portfolio Management
• SCA Collections
• Scott Parnell and Associates
• Second Round Collections
• Second Round Sub LLC
• Selip & Stylianou LLP
• Sequium Asset Solutions
• Sessoms and Rogers
• Sherman Acquisition
• Sherman Financial Group
• SIMM Associates
• Source Receivables Management
• Southern Management Systems
• Southwest Credit Group
• Spire Recovery Solutions
• SRS Company
• Stark Collection Agency
• State Collection Service
• Stenger and Stenger
• Stillman Law Office
• Summit Account Resolution
• Sunrise Credit Services
• Superlative RM Debt Collector
• Suttell and Hammer
• Synergetic Communication
• Synerprise Consulting
• The Law Office of Michael J Scott
• Trellis Company
• Troy Capital
• TRS Recovery Services
• Tulsa Teachers Credit Union
• UCB Collection
• Unifin Debt Collector
• Universal Credit Services
• US Bank Collections
• USAA collections
• USCB America
• Valentine and Kebartas
• Valley Servicing
• Vance & Huffman LLC
• Van Ru Credit Corporation
• Velo Law Office
• Velocity Investments
• Viking Client Services
• Wakefield and Associates
• Waypoint Resource Group
• Weinberg and Associates
• Weltman, Weinberg & Reis
• Westwood Funding
• Williams and Fudge
• Wilshire Consumer Credit
• Wolpoff & Abramson
• Worldwide Asset Purchasing
• www.AutomotiveCredit.com
• Zarzaur & Schwartz
• Zwicker & Associates

Resolve your debt with your creditor

Some creditors, banks, and lenders have an internal collections department. If they come after you for a debt, Solosuit can still help you respond and resolve the debt. Here’s a list of guides on how to resolve debt with different creditors.

• American Express ; American Express – Debt Collection
• Bank of America
• Best Buy Credit Card
• Capital One
• Credit One Bank
• Old Navy Credit Card
• PayPal Synchrony Card
• Regional Finance
• Retailers National Bank
• Reunion Student Loan Finance Corporation
• SYNCB/PPEXTR
• Synchrony Bank
• Synchrony Walmart Card
• Target National Bank
• Wells Fargo
• Can I Pay My Original Creditor Instead of a Debt Collection Agency?
• Can I Settle a Debt with the Original Creditor?

Settle your medical debt

Having a health challenge is stressful, but dealing medical debt on top of it is overwhelming. Here are some resources on how to manage medical debt.

• Am I Responsible for My Spouse's Medical Debt?
• Do I Need a Lawyer for Medical Bills?
• Do I Need a Lawyer to Fight Medical Bill Debt?
• Does Bankruptcy Clear Medical Debt?
• How Much Do Collection Agencies Pay for Medical Debt?
• How to Find Medical Debt Forgiveness Programs
• Is There a Statute of Limitations on Medical Bills?
• Medical Debt Statute of Limitations by State
• Summoned to Court for Medical Bills — What Do I Do?
• Summoned to Court for Medical Bills? What to Do Next

Guides on arbitration

If the thought of going to court stresses you out, you’re not alone. Many Americans who are sued for credit card debt utilize a Motion to Compel Arbitration to push their case out of court and into arbitration.

Below are some resources on how to use an arbitration clause to your advantage and win a debt lawsuit.

• How Arbitration Works
• How to Find an Arbitration Clause in Your Credit Agreement
• How to Make a Motion to Compel Arbitration
• How to Make a Motion to Compel Arbitration in Florida
• How to Make a Motion to Compel Arbitration Without an Attorney
• How Credit Card Arbitration Works
• Sample Motion to Compel Arbitration

Stop calls from debt collectors

Do you keep getting calls from an unknown number, only to realize that it’s a debt collector on the other line? If you’ve been called by any of the following numbers, chances are you have collectors coming after you, and we’ll tell you how to stop them.

• 1-800-390-7584
• 800-289-8004
• 800-955-6600
• 877-366-0169
• 877-591-0747
• 800-278-2420
• 800-604-0064
• 800-846-6406
• 877-317-0948
• 888-899-4332
• 888-912-7925
• 202-367-9070
• 502-267-7522

Federal debt collection laws can protect you

Knowing your rights makes it easier to stand up for your rights. Below, we’ve compiled all our articles on federal debt collection laws that protect you from unfair practices.

• 15 USC 1692 Explained
• Does the Fair Credit Reporting Act Work in Florida?
• FDCPA Violations List
• How to File an FDCPA Complaint Against Your Debt Collector (Ultimate Guide)
• How to Make a Fair Debt Collection Practices Act Demand Letter
• How to Submit a Transunion Dispute
• How to Submit an Equifax Dispute
• How to Submit an Experian Dispute
• What Debt Collectors Cannot Do — FDCPA Explained
• What Does Account Information Disputed by Consumer Meets FCRA Requirements Mean?
• What does “meets FCRA requirements” mean?
• What does FCRA stand for?
• What is the Consumer Credit Protection Act

Get debt relief in your state

We’ve created a specialized guide on how to find debt relief in all 50 states, complete with steps to take to find relief, state-specific resources, and more.

Debt collection laws in all 50 states

Debt collection laws vary by state, so we have compiled a guide to each state’s debt collection laws to make it easier for you to stand up for your rights—no matter where you live.

• Debt Collection Laws in Alabama
• Debt Collection Laws in Alaska
• Debt Collection Laws in Arizona
• Debt Collection Laws in Arkansas
• Debt Collection Laws in California
• Debt Collection Laws in Colorado
• Debt Collection Laws in Connecticut
• Debt Collection Laws in Delaware
• Debt Collection Laws in Florida
• Debt Collection Laws in Georgia
• Debt Collection Laws in Hawaii
• Debt Collection Laws in Kansas
• Debt Collection Laws in Idaho
• Debt Collection Laws in Illinois
• Debt Collection Laws in Indiana
• Debt Collection Laws in Iowa
• Debt Collection Laws in Kentucky
• Debt Collection Laws in Louisiana
• Debt Collection Laws in Massachusetts
• Debt Collection Laws in Michigan
• Debt Collection Laws in Minnesota
• Debt Collection Laws in Mississippi
• Debt Collection Laws in Missouri
• Debt Collection Laws in Montana
• Debt Collection Laws in Nebraska
• Debt Collection Laws in Nevada
• Debt Collection Laws in New Hampshire
• Debt Collection Laws in New Jersey
• Debt Collection Laws in New Mexico
• Debt Collection Laws in New York
• Debt Collection Laws in North Carolina
• Debt Collection Laws in North Dakota
• Debt Collection Laws in Ohio
• Debt Collection Laws in Oklahoma
• Debt Collection Laws in Oregon
• Debt Collection Laws in Pennsylvania
• Debt Collection Laws in Rhode Island
• Debt Collection Laws in South Carolina
• Debt Collection Laws in South Dakota
• Debt Collection Laws in Tennessee
• Debt Collection Laws in Texas
• Debt Collection Laws in Vermont
• Debt Collection Laws in Virginia
• Debt Collection Laws in Washington
• Debt Collection Laws in West Virginia
• Debt Collection Laws in Wisconsin
• Debt Collection Laws in Wyoming

Statute of limitations on debt state guides

Like all debt collection laws, the statute of limitations on debt varies by state. So, we wrote a guide on each state’s statutes. Check it out below.

Statute of Limitations on Debt Collection by State (Best Guide)

• Statute of Limitations on Debt Collection in Alabama
• Statute of Limitations on Debt Collection in Alaska
• Statute of Limitations on Debt Collection in Arizona
• Statute of Limitations on Debt Collection in Arkansas
• Statute of Limitations on Debt Collection in California
• Statute of Limitations on Debt Collection in Connecticut
• Statute of Limitations on Debt Collection in Colorado
• Statute of Limitations on Debt Collection in Delaware
• Statute of Limitations on Debt Collection in Florida
• Statute of Limitations on Debt Collection in Georgia
• Statute of Limitations on Debt Collection in Hawaii
• Statute of Limitations on Debt Collection in Illinois
• Statute of Limitations on Debt Collection in Indiana
• Statute of Limitations on Debt Collection in Iowa
• Statute of Limitations on Debt Collection in Kansas
• Statute of Limitations on Debt Collection in Louisiana
• Statute of Limitations on Debt Collection in Maine
• Statute of Limitations on Debt Collection in Maryland
• Statute of Limitations on Debt Collection in Michigan
• Statute of Limitations on Debt Collection in Minnesota
• Statute of Limitations on Debt Collection in Mississippi
• Statute of Limitations on Debt Collection in Missouri
• Statute of Limitations on Debt Collection in Montana
• Statute of Limitations on Debt Collection in Nebraska
• Statute of Limitations on Debt Collection in Nevada
• Statute of Limitations on Debt Collection in New Hampshire
• Statute of Limitations on Debt Collection in New Jersey
• Statute of Limitations on Debt Collection in New Mexico
• Statute of Limitations on Debt Collection in New York
• Statute of Limitations on Debt Collection in North Carolina
• Statute of Limitations on Debt Collection in North Dakota
• Statute of Limitations on Debt Collection in Oklahoma
• Statute of Limitations on Debt Collection in Oregon
• Statute of Limitations on Debt Collection in Oregon (Complete Guide)
• Statute of Limitations on Debt Collection in Pennsylvania
• Statute of Limitations on Debt Collection in Rhode Island
• Statute of Limitations on Debt Collection in South Carolina
• Statute of Limitations on Debt Collection in South Dakota
• Statute of Limitations on Debt Collection in Tennessee
• Statute of Limitations on Debt Collection in Texas
• Statute of Limitations on Debt Collection in Utah
• Statute of Limitations on Debt Collection in Vermont
• Statute of Limitations on Debt Collection in Virginia
• Statute of Limitations on Debt Collection in Washington
• Statute of Limitations on Debt Collection in West Virginia
• Statute of Limitations on Debt Collection in Wisconsin
• Statute of Limitations on Debt Collection in Wyoming

Check the status of your court case

Don’t have time to go to your local courthouse to check the status of your case? We’ve created a guide on how to check the status of your case in every state, complete with online search tools and court directories.

• Alabama Court Case Search—Find Your Lawsuit
• Alaska Court Case Search — Find Your Lawsuit
• Arizona Court Case Search - Find Your Lawsuit
• Arkansas Court Case Search — Find Your Lawsuit
• California Court Case Search- Find Your Lawsuit
• Colorado Court Case Search — Find Your Lawsuit
• Connecticut Case Lookup — Find Your Court Case
• Delaware Court Case Search — Find Your Lawsuit
• Florida Court Case Search — Find Your Lawsuit
• Georgia Court Case Search — Find Your Lawsuit
• Hawaii Court Case Search — Find Your Lawsuit
• Idaho Court Case Search – Find Your Lawsuit
• Illinois Court Case Search — Find Your Lawsuit
• Indiana Court Case Search — Find Your Lawsuit
• Iowa Court Case Search — Find Your Lawsuit
• Kansas Court Case Search — Find Your Lawsuit
• Kentucky Court Case Search — Find Your Lawsuit
• Louisiana Court Case Search — Find Your Lawsuit
• Maine Court Case Search — Find Your Lawsuit
• Maryland Court Case Search — Find Your Lawsuit
• Massachusetts Court Case Search — Find Your Lawsuit
• Michigan Court Case Search — Find Your Lawsuit
• Minnesota Court Case Search — Find Your Lawsuit
• Mississippi Court Case Search — Find Your Lawsuit
• Missouri Court Case Search — Find Your Lawsuit
• Montana Court Case Search — Find Your Lawsuit
• Nebraska Court Case Search — Find Your Lawsuit
• Nevada Court Case Search — Find Your Lawsuit
• New Hampshire Court Case Search — Find Your Lawsuit
• New Jersey Court Case Search—Find Your Lawsuit
• New Mexico Court Case Search - Find Your Lawsuit
• New York Case Search — Find Your Lawsuit
• North Carolina Court Case Search — Find Your Lawsuit
• North Dakota Court Case Search �� Find Your Lawsuit
• Ohio Court Case Search — Find Your Lawsuit
• Oklahoma Court Case Search — Find Your Lawsuit
• Oregon Court Case Search — Find Your Lawsuit
• Pennsylvania Court Case Search — Find Your Lawsuit
• Rhode Island Court Case Search — Find Your Lawsuit
• South Carolina Court Case Search — Find Your Lawsuit
• South Dakota Court Case Search — Find Your Lawsuit
• Tennessee Court Case Search — Find Your Lawsuit
• Texas Court Case Search — Find Your Lawsuit
• Utah Court Case Search — Find Your Lawsuit
• Vermont Court Case Search — Find Your Lawsuit
• Virginia Court Case Search — Find Your Lawsuit
• Washington Court Case Search — Find Your Lawsuit
• West Virginia Court Case Search — Find Your Lawsuit
• Wisconsin Court Case Search — Find Your Lawsuit
• Wyoming Court Case Search — Find Your Lawsuit

How to stop wage garnishment in your state

Forgot to respond to your debt lawsuit? The judge may have ordered a default judgment against you, and with a default judgment, debt collectors can garnish your wages. Here are our guides on how to stop wage garnishment in all 50 states.

• Stop Wage Garnishment in Alabama
• Stop Wage Garnishment in Alaska
• Stop Wage Garnishment in Arizona
• Stop Wage Garnishment in Arkansas
• Stop Wage Garnishment in California
• Stop Wage Garnishment in Colorado
• Stop Wage Garnishment in Connecticut
• Stop Wage Garnishment in Delaware
• Stop Wage Garnishment in Florida
• Stop Wage Garnishment in Georgia
• Stop Wage Garnishment in Hawaii
• Stop Wage Garnishment in Idaho
• Stop Wage Garnishment in Illinois
• Stop Wage Garnishment in Indiana
• Stop Wage Garnishment in Iowa
• Stop Wage Garnishment in Kansas
• Stop Wage Garnishment in Kentucky
• Stop Wage Garnishment in Louisiana
• Stop Wage Garnishment in Maine
• Stop Wage Garnishment in Maryland
• Stop Wage Garnishment in Massachusetts
• Stop Wage Garnishment in Michigan
• Stop Wage Garnishment in Minnesota
• Stop Wage Garnishment in Mississippi
• Stop Wage Garnishment in Missouri
• Stop Wage Garnishment in Montana
• Stop Wage Garnishment in Nevada
• Stop Wage Garnishment in New Hampshire
• Stop Wage Garnishment in New Jersey
• Stop Wage Garnishment in New Mexico
• Stop Wage Garnishment in New York
• Stop Wage Garnishment in North Carolina
• Stop Wage Garnishment in North Dakota
• Stop Wage Garnishment in Ohio
• Stop Wage Garnishment in Oklahoma
• Stop Wage Garnishment in Oregon
• Stop Wage Garnishment in Pennsylvania
• Stop Wage Garnishment in Rhode Island
• Stop Wage Garnishment in South Carolina
• Stop Wage Garnishment in South Dakota
• Stop Wage Garnishment in Tennessee
• Stop Wage Garnishment In Texas
• Stop Wage Garnishment In Utah
• Stop Wage Garnishment in Vermont
• Stop Wage Garnishment in Virginia
• Stop Wage Garnishment in Washington
• Stop Wage Garnishment in West Virginia
• Stop Wage Garnishment in Wisconsin
• Stop Wage Garnishment in Wyoming

Other wage garnishment resources

• Bank Account Garnishment and Liens in Texas
• Can I Stop Wage Garnishment?
• Can My Wife's Bank Account Be Garnished for My Debt?
• Can Payday Loans Garnish Your Wages?
• Can pensions be garnished?
• Can Private Disability Payments Be Garnished?
• Can Social Security Disability Be Garnished?
• Can They Garnish Your Wages for Credit Card Debt?
• Can You Stop a Garnishment Once It Starts?
• Guide to Garnishment Limits by State
• How Can I Stop Wage Garnishments Immediately?
• How Long Before a Creditor Can Garnish Wages?
• How Long Does It Take to Get Garnished Wages Back?
• How to Fight a Wage Garnishment
• How to Prevent Wage Garnishment
• How to Stop a Garnishment
• How to Stop Social Security Wage Garnishment
• How to Stop Wage Garnishment — Everything You Need to Know
• New York Garnishment Laws – Overview
• Ohio Garnishment Laws — What They Say
• Wage Garnishment Lawyer
• What Is Wage Garnishment?

How to settle a debt in your state

Debt settlement is one of the most effective ways to resolve a debt and save money. We’ve created a guide on how to settle your debt in all 50 states. Find out how to settle in your state with a simple click and explore other debt settlement resources below.

• How to Settle a Debt in Alabama
• How to Settle a Debt in Alaska
• How to Settle a Debt in Arizona
• How to Settle a Debt in Arkansas
• How to Settle a Debt in California
• How to Settle a Debt in Colorado
• How to Settle a Debt in Delaware
• How to Settle a Debt in Florida
• How to Settle a Debt in Hawaii
• How to Settle a Debt in Idaho
• How to Settle a Debt in Illinois
• How to Settle a Debt in Indiana
• How to Settle a Debt in Iowa
• How to Settle a Debt in Kansas
• How to Settle a Debt in Kentucky
• How to Settle a Debt in Louisiana
• How to Settle a Debt in Maryland
• How to Settle a Debt in Massachusetts
• How to Settle a Debt in Michigan
• How to Settle a Debt in Minnesota
• How to Settle a Debt in Mississippi
• How to Settle a Debt in Missouri
• How to Settle a Debt in Montana
• How to Settle a Debt in Nebraska
• How to Settle a Debt in Nevada
• How to Settle a Debt in New Hampshire
• How to Settle a Debt in New Jersey
• How to Settle a Debt in New Mexico
• How to Settle a Debt in New York
• How to Settle a Debt in North Carolina
• How to Settle a Debt in North Dakota
• How to Settle a Debt in Ohio
• How to Settle a Debt in Oklahoma
• How to Settle a Debt in Oregon
• How to Settle a Debt in Pennsylvania
• How to Settle a Debt in South Carolina
• How to Settle a Debt in South Dakota
• How to Settle a Debt in Tennessee
• How to Settle a Debt in Texas
• How to Settle a Debt in Utah
• How to Settle a Debt in Vermont
• How to Settle a Debt in Virginia
• How to Settle a Debt in West Virginia
• How to Settle a Debt in Wisconsin
• How to Settle a Debt in Wyoming

How to settle with every debt collector

Not sure how to negotiate a debt settlement with a debt collector? We are creating guides to help you know how to start the settlement conversation and increase your chances of coming to an agreement with every debt collector.

• American Express
• Capitol One
• Cavalry SPV
• Midland Funding
• Moore Law Group
• Navy Federal
• NCB Management Services
• Portfolio Recovery

Other debt settlement resources

• Best Debt Settlement Companies
• Can I Settle a Debt After Being Served?
• Can I Still Settle a Debt After Being Served?
• Can You Settle a Warrant in Debt Before Court?
• Debt Management vs. Debt Settlement
• Debt Settlement Pros and Cons
• Debt Settlement Scam
• Do I Need to Hire a Debt Settlement Lawyer?
• Do You Need a Debt Settlement Attorney in Houston Texas?
• Do You Owe Taxes on Settled Debt?
• Here’s a Sample Letter to Collection Agencies to Settle Debt
• How Can I Settle My Credit Card Debt Before Going to Court?
• How Do I Know if a Debt Settlement Company Is Legitimate?
• How Long Does a Lawsuit Take to Settle?
• How Much Do Settlement Companies Charge?
• How I Settled My Credit Card Debt With Discover
• How to Make a Debt Settlement Agreement
• How to Make a Settlement Offer to Navient
• How to Negotiate a Debt Settlement with a Law Firm
• How to send Santander a settlement letter
• How to Settle Debt for Pennies on the Dollar
• How to Settle Debt in 3 Steps
• How to Settle Debt with a Reduced Lump Sum Payment
• How to Settle a Credit Card Debt Lawsuit — Ultimate Guide
• How to Settle Credit Card Debt When a Lawsuit Has Been Filed
• If You Are Using a Debt Relief Agency, Can You Settle Yourself with the Creditor?
• Largest Debt Settlement Companies
• Should I Settle a Collection or Pay in Full?
• Summary of the Equifax Data Breach Settlement
• The Advantages of Pre-Settlement Lawsuit Funding
• The FTC Regulates Debt Settlement Through the Telemarketing Sales Rule
• The Pros and Cons of Debt Settlement
• What Happens if I Reject a Settlement Offer?
• What Happens if You Don't Pay a Debt Settlement?
• What Happens When You Settle a Debt?
• What Is A Debt Settlement Agreement?
• What is Debt Settlement?
• What Percentage Should I Offer to Settle Debt?
• What to Ask for in a Settlement Agreement
• Who Qualifies for Debt Settlement?
• Will Collection Agencies Settle for Less?
• 5 Signs of a Debt Settlement Scam

Personal loan and debt relief reviews

We give a factual review of the following debt consolidation, debt settlement, and loan organizations and companies to help you make an informed decision before you take on a debt.

• Accredited Debt Relief Debt Settlement Reviews
• Advance America Loan Review
• ACE Cash Express Personal Loan Review
• BMG Money Loan Review
• BMO Harris Bank Review: Pros and Cons
• Brite Solutions Debt Settlement Reviews
• Caliber Home Loans Mortgage Review
• Cambridge Debt Consolidation Review
• Campus Debt Solutions Review
• CashNetUSA Review
• Century Debt Settlement Reviews
• ClearPoint Debt Management Review
• Click N Loan Reviews
• CuraDebt Debt Settlement Review
• CuraDebt Reviews: Debt Relief Assistance For California Residents
• Debt Eraser Review
• Debtconsolidation.com Debt Settlement Reviews
• Eagle One Debt Settlement Reviews
• Freedom Debt Relief Debt Settlement Reviews
• Global Holdings Debt Settlement Reviews
• Golden 1 Credit Union Personal Loan Review
• Honda Financial Services Review
• iLending Reviews
• Infinite Law Group Debt Settlement Reviews
• JG Wentworth Debt Settlement Reviews
• LoanMart Reviews
• Mastriani Law Firm Review
• Milestone ® Mastercard ® Review
• ModoLoan Review
• Money Management International Reviews
• M&T Mortgage Company Review
• National Debt Relief Debt Settlement Reviews
• New Era Debt Settlement Reviews
• OppLoans Review
• Pacific Debt Relief Reviews
• Palisade Legal Group Debt Settlement Reviews
• PCG Debt Consolidation Review
• PenFed Auto Loan Review
• Priority Plus Financial Reviews
• Roseland Associates Debt Consolidation Review
• SDCCU Debt Consolidation Review
• Speedy Cash Loans Review
• Symple Lending Reviews
• Tripoint Lending Reviews
• TurboDebt Debt Settlement Reviews
• Turnbull Law Group Debt Settlement Reviews
• United Debt Settlement Reviews
• Upgrade Auto Loans Reviews

How to repair and improve your credit score

Debt has a big impact on your credit. Below is a list of guides on how to repair and improve your credit, even while managing major debt.

• 3 Ways to Repair Your Credit with Debt Collections
• 5 Pros and Cons of Credit Cards & How to Use Them Wisely
• 6 Reasons Your Credit Score Isn't Going Up
• Bankruptcy vs Debt Settlement: Which is Better for Your Credit Score?
• Does Debt Consolidation Hurt Your Credit Score?
• Does Wage Garnishment Affect Credit?
• Guide to Disclosing Income on Your Credit Card Application
• How Long Does It Take to Improve My Credit Score After Debt Settlement?
• How Often Does Merrick Bank Increase Your Credit Limit?
• How to fix your credit to buy a house
• How to Handle Debt and Improve Credit
• How to Raise My Credit Score 40 Points Fast
• If I Settle with a Collection Agency, Will It Hurt My Credit?
• Is 600 a Good Credit Score?
• Obama Credit Card Debt Relief Program – How to Use It
• Sample credit report dispute letter
• Should I Use Credit Journey?
• Understanding myFICO: Your Gateway to Better Credit
• What Does "DLA" Mean on a Credit Report?
• What Is A Good Credit Score For Businesses?
• What is American Credit Acceptance?
• What is CBNA on my credit report?
• What is CreditFresh?
• Who Made the Credit Score?
• Why is THD/CBNA on my credit report?

How to resolve student loan debt

Struggling with student debt? SoloSuit’s got you covered. Below are resources on handling student loan debt.

• Budgeting Strategies for Students: How to Manage Your Finances Wisely
• Can You Go to Jail for Not Paying Student Loans?
• Can You Settle Student Loan Debt?
• Do Student Loans Go Away After 7 Years? (2022 Guide)
• Do You Need a Student Loan Lawyer? (Complete Guide)
• Does Student Debt Die With You?
• How to Manage a Student Debt
• How to Get Rid of Student Loan Debt
• Mandatory Forbearance Request Student Loan Debt Burden
• Negative Economic Effects of Student Loan Debt on the US Economy
• Pros and Cons of Taking a Student Loan
• Regional Adjustment Bureau Student Loans – How to Win
• The Real Impact of Student Debt: How Our Brains Handle It
• Why It's Important to Teach Students How to Manage Debt
• 5 Alternatives to Taking a Student Loan
• 5 Tips for Students: How to Create a Realistic and Effective Budget
• 7 College Financial Planning Tips for Students
• 7 Things to Consider When Taking a Student Loan
• 7 Tips to Manage Your Student Loans

Civil law legal definitions

You can represent yourself in court. Save yourself the time and cost of finding an attorney, and use the following resources to understand legal definitions better and how they may apply to your case.

• Accleration Clause — Definition
• Adjuster - Defined
• Adverse Action — Definition
• Affidavit — A Definition
• Annulment vs. divorce – what's the difference?
• Anticipatory Repudiation — Definition
• Bench Trial — Defined
• Certificate of Debt: A Definition
• Commuted Sentence – Definition
• Constructive Eviction - Defined
• Constructive Discharge - Definition
• Defendant - Definition and Everything You Need to Know
• Demurred – Definition
• Dischargeable - Definition
• Disclosures — Definition
• False Imprisonment Defined
• Good Faith Exception – Definition
• Hearsay — A Definition
• HOEPA – Definition
• Implied Contract – Definition
• Injunctive Relief — A Definition
• Intestate–Defined
• Irrevocable Agreement — Defined
• Joint Custody–Defined
• Litigator — A Definition
• Mediation - Definition
• Medical Malpractice — Definition
• Mistrial — A Definition
• Mitigating Circumstances — Definition
• Motion for Summary Judgment — Definition
• Nolle Prosequi – Definition
• Nunc Pro Tunc — A Definition
• Plaintiff - Definition and Everything You Need to Know
• Pro Se - Defined
• Probable Cause Hearing — Definition
• Restitution – Definition
• Sole Custody-Defined
• Statute of Limitations—Definition and Everything You Need to Know
• Summons—Definition
• Tenancy in Common – Defined
• Time Is of the Essence – Definition
• What Is the Bankruptcy Definition of Consumer Debt?
• Wrongful Termination–Defined

Get answers to these FAQs on debt collection

• Am I Responsible for My Husband's Debts If We Divorce?
• Am I Responsible for My Parent's Debt if I Have Power of Attorney?
• Can a Collection Agency Add Fees on the Debt?
• Can a Collection Agency Charge Interest on a Debt?
• Can a Credit Card Company Sue Me?
• Can a Debt Collector Freeze Your Bank Account?
• Can a Debt Collector Leave a Voicemail?
• Can a Debt Collector Take My Car in California?
• Can a Judgment Creditor Take my Car?
• Can a Process Server Leave a Summons Taped to My Door?
• Can an Eviction Be Reversed?
• Can Credit Card Companies Garnish Your Wages?
• Can Credit Cards Garnish Wages?
• Can Debt Collectors Call From Local Numbers?
• Can Debt Collectors Call You at Work in Texas?
• Can Debt Collectors Call Your Family?
• Can Debt Collectors Leave Voicemails?
• Can I Pay a Debt Before the Court Date?
• Can I Rent an Apartment if I Have Debt in Collection?
• Can I Sue the President for Emotional Distress?
• Can the SCRA Stop a Default Judgment?
• Can the Statute of Limitations be Extended?
• Can You Appeal a Default Judgement?
• Can You Get Unemployment if You Quit?
• Can You Go to Jail for a Payday Loan?
• Can You Go to Jail for Credit Card Debt?
• Can You Negotiate with Westlake Financial?
• Can You Record a Call with a Debt Collector in Your State?
• Can You Serve Someone with a Collections Lawsuit at Their Work?
• Can You Sue Someone Who Has Filed Chapter 7 Bankruptcy?
• Capital One is Suing Me – How Can I Win?
• Debt Snowball vs. Debt Avalanche: Which One Is Apt for You?
• Do 609 Letters Really Work?
• Do Debt Collectors Ever Give Up?
• Do I Have Too Much Debt to Divorce My Spouse?
• Do I Need a Debt Collection Defense Attorney?
• Do I Need a Debt Negotiator?
• Do I Need a Legal Coach?
• Do I Need a Payday Loans Lawyer?
• Does a Living Trust Protect Your Assets from Lawsuits?
• Does Chase Sue for Credit Card Debt?
• Does Debt Consolidation Have Risks?
• Does Midland Funding Show Up to Court?
• How Can I Get Financial Assistance in PA?
• How do Debt Relief Scams Work?
• How Do I Find Out If I Have Any Judgments Against Me?
• How Do I Get Rid of a Judgment Lien on My Property?
• How Do I Register on the Do Not Call List?
• How Does a Flex Loan Work?
• How Does Debt Affect Your Ability to Buy a Home?
• How Does Finwise Bank Work?
• How does Navy Credit debt forgiveness work?
• How Does Payments.tsico Work?
• How Important is it to Protect your Assets from Unexpected Events?
• How is Debt Divided in Divorce?
• How Long Do Creditors Have to Collect a Debt from an Estate?
• How long do debt collectors take to respond to debt validation letters?
• How Long Does a Judgement Last?
• How Long Does a Judgment Last?
• How Long Does a Levy Stay on a Bank Account?
• How Long Does an Eviction Stay on Your Record?
• How Many Calls from a Debt Collector is Considered Harassment?
• How Many Times Can a Judgment Be Renewed in North Carolina?
• How Many Times Can a Judgment be Renewed in Oklahoma?
• How Much Do Collection Agencies Pay for Debt?
• How Much Do You Have to Be in Debt to File Chapter 7?
• How Much Does College Actually Cost?
• How Often Do Credit Card Companies Sue for Non-Payment?
• How Should You Respond to the Theft of Your Identity?
• I am being sued because my identity was stolen - What do I do?
• If a Car is Repossessed Do I Still Owe the Debt?
• Is Debt Forgiveness Taxable?
• Is Freedom Debt Relief a Scam?
• Is it Legal for Debt Collectors to Call Family Members?
• Is it Smart to Consolidate Debt?
• Is LVNV Funding a Legitimate Company? - Them in Court
• Is My Case in the Right Venue?
• Is Portfolio Recovery Associates Legit? — How to Win
• Is Severance Pay Taxable?
• Is SoloSuit Worth It?
• Is Someone with Power of Attorney Responsible for Debt After Death?
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New Rules Would Require Debt Collectors Have Proof You Actually Owe Money

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One of the most common complaints about debt collectors is that they harass people over debts that are either no longer owed, or weren’t owed in the first place. Federal regulators are now proposing rules that — among other protections — would cut down on these annoying, bogus collections actions by requiring that debt collectors have some sort of evidence that the person they are calling actually owes money.

The 2010 Dodd-Frank financial reforms not only created the Consumer Financial Protection Bureau, but tasked the CFPB with issuing regulations to prohibit unfair and deceptive practices by certain financial institutions and services, including debt collectors.

After a three-year process of consulting the industry, consumer advocates, and everyday Americans, the CFPB is releasing the outline for new protections intended to cut down on nuisance, zombie , and mistaken-identity debt collections.

Debt Collectors Are The Worst

The problems with errant debt-collection attempts are many. Having to repeatedly tell debt collectors you are not “Zeke Zekeson” and you have never been hospitalized in Tucson is an annoyance. It puts the onus on you to try to prove a negative: You: “Look, here’s my ID and my current phone bill.” Them: “You could have changed your name. Pay up.”

The Fair Debt Collection Practices Act already requires collectors to stop calling or contacting you — unless it’s to notify you of an actual legal action — if you ask them to. That would be fine, if it (A) always worked [ it doesn’t ], and (B) that debt collector didn’t just sell off the debt to yet another collector a few months later, starting the cycle all over again.

A 2013 study by the Federal Trade Commission found that debt buyers — the companies that purchase debt for pennies on the dollar in the hope of being able to collect — rarely get the information they need to ensure the people they hassle are bona fide debtors, or that the relevant statute of limitations hasn’t expired on the debt.

The companies selling these debts are frequently not telling buyers if any of the individual debt accounts have been disputed, nor are they supplying the debt buyers with supporting documentation regarding these accounts. Usually, the only information that regularly transfers from one company to another is: name, amount allegedly owed, last known phone number, last known address; all the info you need to begin hassling someone, but nothing you need to prove you have the right person or that the debt is legitimate.

Yes, some people complain — tens of thousands of them a year to the CFPB, FTC, and state consumer protection agencies — or take legal action against collectors that overstep their bounds, but those who don’t have the resources or know-how to dispute these collections attempts may feel trapped and choose to pay debts they no longer owed or never owed to begin with.

The New Rules

While some companies and financial institutions do their own debt collection, most of the problematic collections actions involves third-party collectors and debt buyers. Thus, the rules being proposed by the CFPB at this juncture primarily deal with these companies.

The CFPB’s proposal tries to combat nuisance collections actions in three ways: limiting excessive calls and messages; providing more information about the supposed debt and how to dispute it; and, most importantly, making sure collectors are connecting the right debt to the right person.

Here’s a breakdown of what would be required if the rules are enacted as they stand now:

• More than just a phone number: Before contacting any consumer about an alleged debt, the collector would need to have more than just a name, dollar figure, and phone number. According to the CFPB, the collector would have to confirm it has — in addition to the usual info — account number associated with the debt, date of default, amount owed at default, and the date and amount of any payment or credit applied after default.

This way, if you’re being hassled for a cable bill that was defaulted on in 2012 and you can show you didn’t live at the address associated with that specific account until 2015, it makes disputing the debt easier.

• Enough already with the calls every five seconds: Rather than receiving six debt collection calls a day (on a good day), third-party debt collectors would be limited to six communication attempts — of any kind — per week. So two calls, one letter, and an email in one would would be four total communications attempts. Thus, collectors can’t spam your phone, mailbox, or inbox, with annoying notices and demands for payment.

• This debt is old (but please still pay us): Many people don’t know that there are statutes of limitations for many forms of debt, meaning that after a given number of years, you can no longer be sued for non-payment. However, collectors can still ask you to pay, because you do still technically owe the money.

What they don’t tell you is that, by making a payment on that otherwise dead debt, you could be restarting the statute of limitations, effectively resurrecting the debt and creating a financial zombie that can possibly end up in a lawsuit if you can’t make payments this time around.

READ MORE: What Is Zombie Debt, And Why Won’t It Just Stay Dead?

Under the new rules, the collector would have to disclose on the notice that a particular debt is too old for the debtor to be sued over. Pay those debts at your own risk.

• E-Z debt disputes: “Dispute that thing!” your friends say when you tell them about the $700 debt payment demand you received for a gym membership your former roommate ran up in your name.

“How do I do that?” you ask. Your friends shrug. “Send a letter or something maybe?”

The CFPB is proposing that collections notices include a “tear-off” dispute/pay stub that recipients could easily tear off and send back to the collector. It would include options for why the recipient of the notice thinks the collector’s demand is wrong.

• Right to a speedy dispute: If you send back that stub — or dispute the debt through any other written form — within 30 days of your first notice, the CFPB proposes that the collector would have to provide you with a debt report that states in writing all the information it has substantiating the debt.

The debt collector would be barred from pursuing the debt further until it provides this report, so it would be in their best interest to respond quickly to your dispute.

• No documentation, no collection: If that dispute turns up a lack of documents to support the collections action, the collector would have to stop chasing the debt, at least until it can gather all the info it needs to make its case.

• Looking for red flags: Collectors would be required to look at the debt information they obtain and if they notice certain red flags — a high rate of disputes in a particular portfolio of debts, a debt seller that is unwilling or unable to provide supporting documents — they must stop collections actions.

• No passing the buck on disputes: Currently, you might spend weeks or months trying to dispute a debt with Collector X only to find out your debt has been sold to Collector Y and they know nothing about your dispute.

Under the proposed rules, if Collector X sells that under-dispute debt, Collector Y can’t try to to collect on it until the dispute is resolved.

This would mean that collectors would be required to transfer dispute information along with the debts they resell, a practice that appears to be largely unheard-of in the industry today.

“This is about bringing better accuracy and accountability to a market that desperately needs it,” said CFPB Director Richard Cordray in a statement.

Far From Perfect

Consumer advocates have long pushed for reform in the debt collection market, and today’s announcement is met with applause, but also with the acknowledgement that this is just a beginning for an industry that has been rife with anti-consumer practices for decades.

Suzanne Martindale, our colleague at Consumers Union, notes that it’s incredibly important to hold debt collectors accountable by requiring them to have a reasonable basis to collect a debt, but the CFPB proposal falls short of putting the full burden of proof on the collector.

“Requiring third-party collectors to obtain and review key information throughout the process will prevent the most abusive collection practices,” notes Martindale. “However, we urge the CFPB to require that collectors review actual documents related to the original account in question. Relying on the prior owner’s claims that the information is ‘accurate’ could still cause collectors down the line to pursue the wrong people or the wrong amounts.”

Margot Saunders of the National Consumer Law Center is similarly critical, saying that the proposal “sets up a complicated and inadequate system that lets collectors rely on information that may be inaccurate.”

Both Consumers Union and the NCLC also question whether or not telling someone a debt is to old to be sued over is sufficient.

“We urge the CFPB to do more to protect consumers and simply ban all collection attempts on ‘time-barred’ debts, both in and out of court,” says Martindale about CU’s position on the issue.

The proposal released today only addresses third-party debt collectors. A forthcoming proposal from the CFPB will deal with debt collection actions that regulated financial services — like banks and credit card companies — take on their own behalf.

Editor's Note: This article originally appeared on Consumerist.

InfoBytes Blog

New jersey appellate court clarifies debt buyers' burden of proof.

Debt Collection Debt Buying

On March 5, the Superior Court of New Jersey, Appellate Division issued an opinion clarifying the proof necessary for debt buyers to prevail on efforts to collect an assigned debt on a closed and charged-off credit card account. New Century Fin. Servs. Inc. v. Oughla , Nos. A-6078-11T4, A-6370-11T1, 2014 WL 839180 (N.J. Sup. Ct. App. Div. Mar. 5, 2014). In a consolidated appeal of two trial court decisions, debtors sought to reverse the trial court’s orders granting summary judgment to two debt buyers seeking to collect on charged-off credit card debt they had purchased from sellers who derived their ownership from credit card issuers. The appeals court explained that to collect such debt, debtors must prove (i) ownership of the charged-off debt, which it can do through business records documenting its ownership, and (ii) the amount due at the time the card issuer charged off the debt. The court also determined that (i) an electronic copy of the last billing statement is sufficient to demonstrate the amount due at charge-off; (ii) the validity of a debt assignment is not undermined by a failure to provide notice of the assignment to the debtor, and (iii) that a debt can be assigned without specifically referencing the debtor’s name or account number. The court held in these companion cases that one of the debt buyers established ownership through proper authentication and certification of business records, while the other debt buyer failed to provide sufficient proof of the full chain of ownership of its claim to meet its burden. The court affirmed summary judgment for one buyer and reversed and remanded the other buyer’s case accordingly.

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Assignment Involves Transfer of Rights to Collect Outstanding Debts

Can a person who is owed money transfer the right to collect to another person, the law allows a creditor to whom a debtor owes money to transfer the right to collect the outstanding monies to another person who then becomes the assignee creditor., understanding what constitutes as a legally binding assignment of creditor rights to collect a debt.

Right to Collect on Debts

In Ontario, the Court of Appeal case of Clark v. Werden , 2011 ONCA 619 confirmed the right to assign debts per the Conveyancing and Law of Property Act , R.S.O. 1990, c. C.34 , whereas such statute prescribes the conditions and requirements for the transfer of rights involving monies, among other things, whereas it was said:

Clark v. Werden , 2011 ONCA 619 at paragraph 13

[13]   The ability to assign a debt or legal chose in action is codified in s. 53 of the  Conveyancing and Law of Property Act , which provides that a debt is assignable subject to the equities between the original debtor and creditor and reads as follows:

53 (1) Any absolute assignment made on or after the 31st day of December, 1897, by writing under the hand of the assignor, not purporting to be by way of charge only, of any debt or other legal chose in action of which express notice in writing has been given to the debtor, trustee or other person from whom the assignor would have been entitled to receive or claim such debt or chose in action is effectual in law, subject to all equities that would have been entitled to priority over the right of the assignee if this section had not been enacted, to pass and transfer the legal right to such debt or chose in action from the date of such notice, and all legal and other remedies for the same, and the power to give a good discharge for the same without the concurrence of the assignor.

Partially Assigned

It is notable that the statute makes mention of " absolute assignment " without clearly addressing the rights and method of treatment for a partial assignment of a debt.  In this circumstance, where more than one assignee may obtain or assume the rights of the creditor (or earlier assignee), a partial assignee is required to join all assignees when bringing legal action against the debtor.  This view was stated by the Court of Appeal in  DiGuilo v. Boland , 1958 CanLII 92 where it was said:

DiGuilo v. Boland , 1958 CanLII 92

The main reason why an assignee of a part of a debt is required to join all parties interested in the debt in an action to recover the part assigned to him is in my opinion because the Court cannot adjudicate completely and finally without having such parties before it.  The absence of such parties might result in the debtor being subjected to future actions in respect of the same debt, and moreover might result in conflicting decisions being arrived at concerning such debt.

Failed Notice

Of potentially grave concern to creditors, and potentially with great relief to debtors, for an assignee to retain the right to pursue the debtor, express written notice of the assignment is required.  This requirement was stated in 1124980 Ontario Inc. v. Liberty Mutual Insurance Company and Inco Ltd. , 2003 CanLII 45266  as part of the four part test to establish the right to pursue an assigned debt:

1124980 Ontario Inc.  v. Liberty Mutual , 2003 CanLII 45266 at paragraph 44

[44]   Accordingly, for there to be a valid legal assignment under  section 53(1) of the  CLPA , four requirements must be met:

a)  there must be debt or chose in action;

b)  the assignment must be absolute;

c)  the assignment must be written; and

d)  written notice of the assignment must be given to the debtor.

Where there is a failure of notice, and therefore failure to comply with the Conveyancing and Law of Property Act , it is said that the right to assign fails in law; however, relief in equity, via an equitable assignment may be available to an assignee affected by failure of notice.  Generally, in equity, when failure of notice occurs, the assignee is unable, in law, to bring an action in the name of the assignee and may do so only in the name of the creditor; however, even in the absence of proper notice as results in failure of assignment in law, and failure ot enjoin the creditor in an action pursued as an equitable assignment, the court may remain prepared to waive such a requirement whereas such occurred in the matter of  Landmark Vehicle Leasing Corporation v. Mister Twister Inc. , 2015 ONCA 545 wherein it was stated:

Landmark v. Mister Twister , 2015 ONCA 545 at paragraphs 10 to 16

[10]    Section 53(1) requires “ express notice in writing ” to the debtor.  Although there is some ambiguity in her reasons, it would appear that the trial judge found that Mr.  Blazys had express notice of the assignment, but not notice in writing.  Ross Wemp Leasing therefore did not assign the leases to Landmark in law: see  80 Mornelle Properties Inc.  v. Malla Properties Ltd. , 2010 ONCA 850 (CanLII) , 327 D.L.R.  (4th) 361, at para.  22 .  Ross Wemp Leasing did, however, assign the leases to Landmark in equity.  An equitable assignment does not require any notice, let alone written notice:  Bercovitz Estate v. Avigdor , [1961] O.J.  No.  20 (C.A.), at paras.  16, 25.

[11]   The appellants, relying on  DiGuilo v. Boland , 1958 CanLII 92 (ON CA), [1958] O.R.  384 (C.A.), aff’d, [1961] S.C.C.A.  vii, argue that as the appellants did not have written notice of the assignment, Landmark could not sue on its own.  Instead, Landmark had to join Ross Wemp Leasing in the action.  The appellants argue that the failure to join Ross Wemp Leasing requires that the judgment below be set aside.

[12]    DiGuilo does in fact require that the assignor of a chose in action be joined in the assignee’s claim against the debtor when the debtor has not received written notice of the assignment.  The holding in DiGuilo tracks rule 5.03(3) of the  Rules of Civil Procedure , R.R.O.  1990, Reg.  194 : In a proceeding by the assignee of a debt or other chose in action, the assignor shall be joined as a party unless,

(a) the assignment is absolute and not by way of charge only; and

(b) notice in writing has been given to the person liable in respect of the debt or chose in action that it has been assigned to the assignee.  [Emphasis added.]

[13]   Yet the assignee’s failure to join the assignor does not affect the validity of the assignment or necessarily vitiate a judgment obtained by the assignee against the debtor.  Rule 5.03(6) reads:

The court may by order relieve against the requirement of joinder under this rule.

[14]   The joinder requirement is intended to guard the debtor against a possible second action by the assignor and to permit the debtor to pursue any remedies it may have against the assignor without initiating another action:  DiGuilo , at p.  395.  Where the assignee’s failure to join the assignor does not prejudice the debtor, the court may grant the relief in rule 5.03(6) : see  Gentra Canada Investments Inc.  v. Lipson , 2011 ONCA 331 (CanLII), 106 O.R.  (3d) 261, at paras.  59 - 65 , leave to appeal refused, [2011] S.C.C.A.  No.  327.

[15]   In this case, the trial judge found that Mr.  Blazys, and effectively all of the appellants, gained actual notice of the lease assignments very shortly after the assignments were made and well before Landmark sued.  Armed with actual, albeit not written, notice of the assignment, the appellants could fully protect themselves against any prejudice from Landmark’s failure to join Ross Wemp Leasing.  Had the appellants seen any advantage in joining Ross Wemp Leasing, either to defend against Landmark’s claim or to advance a claim against Ross Wemp Leasing, the appellants could have moved for joinder under rule 5.03(4).  The appellants’ failure to bring a motion to add Ross Wemp Leasing speaks loudly to the absence of any prejudice caused by Landmark’s failure to join the assignor.

[16]   Ross Wemp Leasing perhaps should have been a party to the proceeding.  Landmark’s failure to join Ross Wemp Leasing, however, did not prejudice the appellants and should have had no impact on the trial judgment.  If requested, this court will make a  nunc pro tunc order relieving Landmark from the requirement of joining Ross Wemp Leasing in the action.

Summary Comment

The rights to collect on a debt can be sold and transferred from the original creditor to a substitute creditor or assignee who then takes on the rights of the original creditor.  Indeed, the selling and buying of individual debts, or debts within an entire portfolio debts is common within business.  The entire collection services industry is based on the concept of buying outstanding debt and then standing in the shoes of the original creditor and pursuing the payment of the debt.  Other forms of buying and selling debt includes mortgage swaps, among other things.

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Deeds of Assignment of a Debt – Your Top Questions Answered

Posted by david cammack on february 7, 2020.

Home / Blog / Deeds of Assignment of a Debt – Your Top Questions Answered

( Revised for 2023. )

Do you want to know more about what a deed of assignment of a debt is, if you need one, or what to include in it? If so, our blog article has all the answers. So today, we are answering the top questions from the Internet about deeds of assignment of a debt.

1. Can a debt be assigned? How do I assign a debt in the UK?

Yes. Banks regularly buy and sell debts. If you are a creditor, then you can do so too. But you need to do so in writing. A deed of assignment of a debt is the document to use for this. You would need to assign the whole of a debt, as you cannot assign only part of it. The debtor cannot assign the debt to someone else unless the creditor agrees and you would then do this via a deed of novation.

2. What is an assignment of a loan?

This means the same thing as an assignment of a debt. It is always the right to receive repayment of the debt or loan that you are assigning.

3. What is a deed of assignment of a debt?

This is a legal document that transfers the ownership of the debt to another person. By ‘ownership’ we mean the right to receive repayment of that debt from the same original debtor or borrower.

4. What does assignment of debt mean?

The assignment of a debt will mean that the original debtor or borrower now owes the debt to a different creditor. So the debtor will now need to repay that debt to a new person, because you have transferred the debt.

5. Is a deed of assignment of a debt a legal document?

If prepared correctly, yes, a deed of assignment is a legally-binding document. In order to make the assignment legally binding on the debtor, the creditor should give notice of the assignment to the debtor. Our template includes a notice of the assignment of the debt, so you can complete it and send it to the debtor.

6. What is a notice of assignment of a debt? What do I need to do to give notice of an assignment of a debt?

Once you have assigned a debt, then you need to give the debtor notice of the transfer of the debt. Otherwise, how will they know to repay the new owner of the debt? Ideally, the deed of assignment of debt will mention this and include a form for the notice. (Legalo’s template does.) Wikipedia explains why such notice is necessary here: https://en.wikipedia.org/wiki/Rule_in_Dearle_v_Hall#Criticisms .

7. How do you draft a deed of assignment of a debt?

If you require this deed, then the quickest way to get one is with a template from Legalo. Find our great template here: just click on this link .

8. What are the contents of a deed of assignment of a debt?

If you click on this link and scroll down to the section about the Guide to the template, then you will see the contents of our template for a deed of assignment of a debt.

9. Who can prepare a deed of assignment of a debt? Can a non-lawyer prepare a deed of assignment of a debt?

A non-lawyer can use any of the documents we sell as templates. So this includes a deed of assignment of a debt.

10. Does a deed of assignment of a debt need to be signed by both parties?

The parties who do need to sign it are (a) the original creditor and (b) the one buying (or otherwise taking) the debt from the original creditor. The debtor does not sign it.

11. Does a deed of assignment of a debt need to be witnessed?

All deeds need to be signed correctly with an adult witness, preferably one who none of the persons signing are related to.

12. Does an assignment of debt need to be a deed?

If there is no price being paid for the purchase of the debt, then the document does need to be a deed, in order to ensure it is legally binding. Otherwise, technically it does not need to be prepared and signed as a deed, but generally it is better to do it as a deed in case there is any doubt. Legalo’s template is set up to be signed as a deed.

13. Does a deed of assignment of a debt need to be registered?

Not unless you have secured the debt, for example on a property in the UK at the Land Registry. In such a case, then you would need to register the transfer of the security separately at the Land Registry. You do not register the assignment of the debt itself.

14. How long does a deed of assignment of a debt take to draft?

Legalo’s template makes it easy, so you should only need a few minutes to draft your deed of assignment.

15. How much does a deed of assignment of a debt cost? How much does a notice of assignment of a debt cost? How much do lawyers charge for deed of assignment of a debt?

Our template for a deed of assignment includes a notice of assignment and costs only £24.95. Solicitors would charge an estimated £500 plus VAT for one, so ours represents a significant cost saving.

In just a few minutes yours can be ready. What’s more, Legalo’s templates each come with a guide to make it clear how to complete it. We also provide a free helpline just in case you need any extra assistance to use it. So it could not be easier.

So if you need one, you know where to find it.

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Deed of Assignment of Debt – Everything You Need to Know

Scott Nelson

Debt Expert

Scott Nelson is a renowned debt expert who supports people in debt with debt management and debt solution resources.

Janine Marsh

Financial Expert

Janine is a financial expert who supports individuals with debt management, cost-saving resources, and navigating parking tickets.

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For free & impartial money advice you can visit MoneyHelper . We work with The Debt Advice Service who provide information about your options. This isn’t a full fact-find, some debt solutions may not be suitable in all circumstances, ongoing fees might apply & your credit rating may be affected.

For free & impartial money advice you can visit MoneyHelper . We work with The Debt Advice Service who provide information about your options. This isn’t a full fact-find, some debt solutions may not be suitable in all circumstances, ongoing fees might apply & your credit rating may be affected.

Are you facing a ‘deed of assignment of debt’? Are you worried about a debt collector knocking on your door?

You’re in the right place. Each month, over 170,000 people visit our site looking for guidance on debt issues, just like this one. 

In this article, we’ll explain:

•  What a ‘deed of assignment’ is
•  What it means for your debts
•  Different types of assignment
•  Why companies sell their debts
•  Ways to handle your debt situation

We know how scary it can be when debt collectors get involved; some of our team have faced similar situations. We’re here to help you understand your situation and make the best choices.

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Deed of Assignment of Debt – the basics

Being in debt is confusing enough as it is. And it can get even more complicated when you get a letter through the door from a company you may never have heard of demanding (often in quite a strongly-worded way) that you make your payments to them instead.

What’s going on, you might ask yourself?

At the end of the day, the creditor will want the money that you owe back.

However, sometimes when an account falls into arrears , they won’t have the capabilities or resources to claim it back . This is when the original company you owe money might ‘ assign’ your debt . 

What is a Deed of Assignment of Debt?

This is notice that tells you that you now owe a debt collection agency or another collection service the money you originally owed to the creditor .

Instead of paying the company you might have originally owed money to, you now owe a third party company. 

A deed of assignment of debt is a legal documen t alerting you of the transfer of ownership of your debt to another person. The right to receive payment from the debt you owe is transferred over to this new party as well.

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What does it mean?

A deed of assignment of debt is used to transfer or sell the right to recover a debt .

Without a deed of assignment of debt, the two companies are not able to do this – you need a written transfer document. 

Once the transfer document, or deed of assignment of debt, has been signed by the assignee (the party transferring the debt) and the party receiving the debt ( assignor ), they must give notice to the debtor (the person that owes the company the sum of money).

Notice must be given within 7 days of assigning the debt. Unless someone gives notice to the debtor, then the new owner of the debt can’t enforce the debt by suing in court.

Is there more than one type of assignment? 

Confusingly, there are actually two different sorts of assignment that a creditor can make. These are Legal and Equitable.

Both types of assignment fall under the Law of Property Act 1925 , and both require the creditor to inform you of the change in writing – this is known as a notice of assignment of debt .

1. Legal Assignment

Legal assignment of debt gives the company who are purchasing the debt the power to enforce it .

Basically it means that you make payments to this company instead of the original creditor, and they can send you letters and make calls to your home.

2. Equitable

If a debt is an equitable assignment, only the amount you owe is transferred , and the original creditor will still retain the original rights and responsibilities .

The purchasing company will not be able to enforce the debt either.

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Why do companies sell their debts?

A deed of assignment of debt can be a real headache, as you now have another layer of money owed. You will probably rightly ask yourself – why? And how can they sell it?

It may seem strange and confusing, but it’s actually completely legal for them to sell your debt . When you sign a credit agreement, there is almost always a clause in fine print that states that the original creditor has the power to assign their rights to a third party.

As you have signed this agreement, they don’t actually need to ask for your permission to assign your debt.

This also means that you cannot dispute it or make a complaint about it either. The only exception to this rule is if you have given evidence of mental health issues .

» TAKE ACTION NOW:  Fill out the short debt form

What are the next steps?

So that’s the basics about a Deed of Assignment of Debt. But what does this mean for you? 

If your creditor passes one of your debts onto a third party company or debt collection agency, it will be officially noted that this new company is now responsible for collection .

You will be able to see this change on your credit report , and any defaults will also be registered in their name too. 

While it certainly adds another layer of confusion to proceedings and you may be unsure of what’s going on when you find out about a deed of assignment of debt, it can occasionally be a bit of a blessing in disguise. 

You may find it much easier dealing with the new company, as they could be more flexible when it comes to discussing interest and additional charges.

There is also the likelihood that these companies actually specialise in collecting debts , and so know how to approach you as the customer with more tact and delicacy than the original creditor.

Is there something missing? We’re all ears and eager to improve. Send us a message and let us know how we can make our article more useful for you.

You can email us directly at [email protected] to share your feedback.

Assignment of debts - take care with cross-referencing

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In the recent High Court decision in Nicoll -v- Promontoria (Ram 2) Ltd [2019] EWHC 2410 (Ch), the validity of an assignment of debts and the notice requirements is considered.

The High Court in this case considered whether a notice of assignment in relation to a debt, which mentioned an unverifiable date of assignment, was still valid and enforceable against the debtor. 

The debt in question originally arose between the debtor and the Co-operative Bank (Bank) and was evidenced in various facility letters between September 2010 and May 2013. A sum of over £10 million was advanced by the Bank to the debtor, and security was taken by the Bank in the form of charges over certain property. The overall balance was repayable by May 2015, but the debtor defaulted on the payment terms.

On 29 July 2016, the Bank assigned (or purported to assign) its debt and security to Promontoria. Both the Bank and Promontoria provided joint notice of the assignment in a single document to the debtor on 2 August 2016, with wording that the debt had been assigned ‘on and with effect from 29 July 2016’. There was no express reference to the date of the assignment or the assignment effective date, but rather this was defined by reference to the completion date in a related but unreferenced loan sale deed, so a more complicated analysis of a series of documents was required to reach the actual date of the assignment.

Promontoria proceeded to pursue the debtor for the debt by serving a statutory demand, dated 27 January 2017, and referred to the deed of assignment within its contents for payment of the outstanding debt.

The debtor’s attempt to have the statutory demand set aside was dismissed at the initial hearing, but the debtor received leave to appeal to the High Court on one issue. The debtor sought to challenge the effectiveness of the assignment of the debt based on an inability to work out from the notice of assignment whether the completion date for assignment had actually occurred. The debtor argued that:

• the case of WF Harrison -v- Burke [1956] 1 W.L.R. 419 is authority that a notice of assignment that gets the date of assignment wrong is invalid and, as a result, the assignment is not good against any debtor; and
• the date of assignment stated in the notice given to him was unverifiable, and therefore potentially wrong, rendering the notice invalid

The High Court agreed that the documentation disclosed by Promontoria to the debtor after the notice of assignment was insufficient to verify the date on which assignment had occurred, due to cross-referencing to other documents and there being conditions for completion. However, the High Court distinguished this case from WF Harrison -v- Burke case as the joint notice of assignment did not specify the date of the deed of assignment. It specified the date on which the assignment took effect, which is different. In WF Harrison -v- Burke , the notice of the assignment (given by the assignee only) specified the date of the assignment document (as opposed to the assignment itself) and got it wrong. In the present case, the notice of assignment was from both Promontoria and the Bank, i.e. assignor and assignee and made clear that the parties considered the assignment to be complete. In the circumstances, the debtor was not entitled to challenge Promontoria’s title to the debt.

The High Court accepted that while Promontoria had not produced evidence which in terms showed what the effective date of the assignment was, the joint notice clearly showed that both the Bank and Promontoria agreed and accepted that the assignment had taken place, and was sufficient evidence for the present purposes to be valid. The judge said: ‘The question is not whether Promontoria have provided a chain of proof through the wording of the documents. If that were the question then Promontoria would fail. The question is whether Promontoria has demonstrated that there is a completed assignment. I consider that it has. The crucial matter is the notice of assignment, against the background of the assignment document. The assignment documentation demonstrates a clear intention to assign even if the documents do not match up as they ought to. The notice of assignment provides clear evidence that the assignment has taken place.’ Accordingly, the High Court concluded that there was no arguable case that the assignment’s effective date had not occurred and considered that the assignment had been sufficiently demonstrated to be effective as against the debtor.

The High Court clearly held that a notice of assignment of a debt given to a debtor was valid, even though the assignment effective date, referred to in the notice, could not be verified by the debtor. The judgment provides strong support for the proposition that it is not open to debtors to seek to find alleged defects in any assignment, as long as they have been properly notified of the assignment and most importantly that the assignor and assignee both agree that the assignment is valid. This is a welcome decision for all creditors.

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Assigning debts and other contractual claims - not as easy as first thought

Harking back to law school, we had a thirst for new black letter law. Section 136 of the Law of the Property Act 1925 kindly obliged. This lays down the conditions which need to be satisfied for an effective legal assignment of a chose in action (such as a debt). We won’t bore you with the detail, but suffice to say that what’s important is that a legal assignment must be in writing and signed by the assignor, must be absolute (i.e. no conditions attached) and crucially that written notice of the assignment must be given to the debtor.

When assigning debts, it’s worth remembering that you can’t legally assign part of a debt – any attempt to do so will take effect as an equitable assignment. The main practical difference between a legal and an equitable assignment is that the assignor will need to be joined in any legal proceedings in relation to the assigned debt (e.g. an attempt to recover that part of the debt).

Recent cases which tell another story

Why bother telling you the above?  Aside from our delight in remembering the joys of debating the merits of legal and equitable assignments (ehem), it’s worth revisiting our textbooks in the context of three recent cases. Although at first blush the statutory conditions for a legal assignment seem quite straightforward, attempts to assign contractual claims such as debts continue to throw up legal disputes:

• In  Sumitomo Mitsui Banking Corp Europe Ltd v Euler Hermes Europe SA (NV) [2019] EWHC 2250 (Comm),  the High Court held that a performance bond issued under a construction contract was not effectively assigned despite the surety acknowledging a notice of assignment of the bond. Sadly, the notice of assignment failed to meet the requirements under the bond instrument that the assignee confirm its acceptance of a provision in the bond that required the employer to repay the surety in the event of an overpayment. This case highlights the importance of ensuring any purported assignment meets any conditions stipulated in the underlying documents.
• In  Promontoria (Henrico) Ltd v Melton [2019] EWHC 2243 (Ch) (26 June 2019) , the High Court held that an assignment of a facility agreement and legal charges was valid, even though the debt assigned had to be identified by considering external evidence. The deed of assignment in question listed the assets subject to assignment, but was illegible to the extent that the debtor’s name could not be deciphered. The court got comfortable that there had been an effective assignment, given the following factors: (i) the lender had notified the borrower of its intention to assign the loan to the assignee; (ii) following the assignment, the lender had made no demand for repayment; (iii) a manager of the assignee had given a statement that the loan had been assigned and the borrower had accepted in evidence that he was aware of the assignment. Fortunately for the assignee, a second notice of assignment - which was invalid because it contained an incorrect date of assignment - did not invalidate the earlier assignment, which was found to be effective. The court took a practical and commercial view of the circumstances, although we recommend ensuring that your assignment documents clearly reflect what the parties intend!
• Finally, in Nicoll v Promontoria (Ram 2) Ltd [2019] EWHC 2410 (Ch),  the High Court held that a notice of assignment of a debt given to a debtor was valid, even though the effective date of assignment stated in the notice could not be verified by the debtor. The case concerned a debt assigned by the Co-op Bank to Promontoria and a joint notice given by assignor and assignee to the debtor that the debt had been assigned “on and with effect from 29 July 2016”. A subsequent statutory demand served by Promontoria on the debtor for the outstanding sums was disputed on the basis that the notice of assignment was invalid because it contained an incorrect date of assignment. Whilst accepting that the documentation was incapable of verifying with certainty the date of assignment, the Court held that the joint notice clearly showed that both parties had agreed that an assignment had taken place and was valid. This decision suggests that mistakes as to the date of assignment in a notice of assignment may not necessarily be fatal, if it is otherwise clear that the debt has been assigned.

The conclusion from the above? Maybe it’s not quite as easy as first thought to get an assignment right. Make sure you follow all of the conditions for a legal assignment according to the underlying contract and ensure your assignment documentation is clear.

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• Is There a Lawyer in the House

JDB Valid Assignment of Debt, Standard of Proof

By FightBackNow , August 7, 2010 in Is There a Lawyer in the House

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FightBackNow

It appears part of every answer to a JDB lawsuit complaint is challenging the ownership of and/or valid assignment of the debt. A common theme in defense theory is the JDB rarely has proof that will stand the test of scrutiny by an expert on such matters. Yet in reality , after reviewing many pro se defeats leading to judgments in favor of the plaintiff, it appears the standard of proof is not very strict when the issue comes before a judge.

In your opinions, why do plaintiffs frequently get away with flimsy evidence of assignment/ownership and what are some things a pro se can do to to strengthen their case?

I've been paying attention to these cases in which a pro se has been steamrolled regardless of the lack of evidence presented. A prime example was posted on the board yesterday entitled: 'Well that didn't go as planned' http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=303406 It appears to me that in many of these cases the plaintiff springs evidence on the defendant in front of a judge which allows no time to evaluate or challenge the evidence and the inexperienced pro se crashes and burns. Doesn't proper discovery by the pro se reveal all the physical evidence that will be presented against them?

With this in mind, after obtaining the plaintiff's evidence for assignment/ownership of the debt, what are some of the best ways to prepare to attack it that a judge will be compelled to take seriously?

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Hope some of the vets will answer this one.

legal_loansharking

The part that is never mentioned is when the JDB attorney calls the defendant to the stand. If the defendant incriminates his or herself, its over.

Be extremely careful how you answer the questions or you will be "steamrolled".

A lot of "No's and I dont recall" help, but stick to the questions and dont help them by elaborating or explaining anything.

When presenting your case to the judge, you can tell your side of the story, your ex did this or that, it was id theft etc.....

Just as long as you do not say that this is yours debt/acct or whatever. Tell the judge there is nothing here with my signature on it. No loan application, just computer generated statements.......

Each case is different, but after reading this hopefully you get what I am trying to say.

figures2000

I have talked with Lawyers in my area and they have told me without proof of Ownership, the JDB can not win at Trial and to demand proof of Ownership, most JDB buy debt in Bulk and dont have true proof of Ownership, I told them what Evidence they have supplied me with and they told me that is there standard Paperwork with these JDB and more then likely it will be dismiss before Trial or go to trial and they will not win at Trial without it

At my Pre-trial, I told the judge I had a dispute and he asked me what the Dispute was and I told him, I said do they Legally own this debt and have the right to collect on it, he said noted and he moved to TRIAL

one thing i've observed as a pro se is if i say something like "they have not shown proof of assignment of this debt" the judge rarely responds. but if i specifically say "plaintiff has no standing" the judge starts to ask the plaintiff questions as to standing. i know that without evidencing proof of assignment its essentially lack of standing. but i think that sometimes, and im only talking about my experience, the specific words you use will yield different responses from the judge.

for example when i filed my motion to dismiss couple months ago the judge really wasn't paying both sides much mind. but as soon as i said the court lacks personal jurisdiction it was like a whole new judge.

i think the words you use in court are important. im talking about my experience as a pro se. yes the judge should take a liberal approach in interpreting what you're saying but in reality that's not always so.

one more thing, i think its VERY IMPORTANT to anticipate what the other side is going to say and have a handful of potential replies and defenses. you have to be on the offense and argue to the judge confidently that the evidence presented is not sufficient.

again this is my experience and observation from arguing my position in court as pro se over the past few months

one more thing, i think its VERY IMPORTANT to anticipate what the other side is going to say and have a handful of potential replies and defenses. you have to be on the offense and argue to the judge confidently that the evidence presented is not sufficient. again this is my experience and observation from arguing my position in court as pro se over the past few months

So Basically, when they say they want to enter something into evidence or say Exhibit A, you quick say Objection your Honor, and the Judge will ask reason for Objection you say Hearsay??? do you have to explain the reason for saying Hearsay???

I think a lot of it depends on the court and the judge or magistrate. Some will be very fair, while others will not. Some will strictly follow the rules of evidence and strike hearsay, while others, if they see anything that suggests you might owe the debt, will rule against you.

It appears part of every answer to a JDB lawsuit complaint is challenging the ownership of and/or valid assignment of the debt. A common theme in defense theory is the JDB rarely has proof that will stand the test of scrutiny by an expert on such matters. Yet in reality , after reviewing many pro se defeats leading to judgments in favor of the plaintiff, it appears the standard of proof is not very strict when the issue comes before a judge. In your opinions, why do plaintiffs frequently get away with flimsy evidence of assignment/ownership and what are some things a pro se can do to to strengthen their case? I've been paying attention to these cases in which a pro se has been steamrolled regardless of the lack of evidence presented. A prime example was posted on the board yesterday entitled: 'Well that didn't go as planned' http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=303406 It appears to me that in many of these cases the plaintiff springs evidence on the defendant in front of a judge which allows no time to evaluate or challenge the evidence and the inexperienced pro se crashes and burns. Doesn't proper discovery by the pro se reveal all the physical evidence that will be presented against them? With this in mind, after obtaining the plaintiff's evidence for assignment/ownership of the debt, what are some of the best ways to prepare to attack it that a judge will be compelled to take seriously?

"MPL DEBT VERIFICATION LETTER" (Change the wording, especially in the first paragraph so as not to imply that you acknowledge the "alleged debt"

Also, the word "Ultra Vires"

Then Google " Ultra Vires...banks"

Good case law here !

Best wishes to you and all "pro ses'

GOOGLE: "MPL DEBT VERIFICATION LETTER" (Change the wording, especially in the first paragraph so as not to imply that you acknowledge the "alleged debt" Also, the word "Ultra Vires" Then Google " Ultra Vires...banks" Good case law here ! Best wishes to you and all "pro ses'

Once again... THANK YOU.

The thing I see the most is people not taking the offensive. They file their answer, maybe some discovery and then wait for things to happen, almost expecting the judge to just see it their way. In the thread cited by OP you will notice that the person involved said they told the judge they were waiting for proof!

Can you expect winning football teams to win by Defense only? They only win by executing effective offense tactics and it is not different than in court.

Starting with comprensive discovery request, motions to compel, motions to strike, etc are the only way you will win. The idea is to stay out of the courtroom by good motion practice before you ever get to see the judge. The other advantage of good motion practice is you make the debt collector lawyer work very hard and in the case of JDB accounts they quickly give up.

• 2 weeks later...

FL4answer58

This is a great thread ...and very helpful discussion. We need more like it with participation from the more experienced individuals on these posts. And many do - AND my appreciation to them.

While we have not necessarily ‘won’ our case, we have forced a stay while MTC arbitration. We almost lost the case completely until in mid course I found a way to ‘talk’ to the court/judge. The court or ‘lawyer speak’ was essential to the process. AND having read (educated and study) the threads here – get prepared – anticipate the oppositions tricks that are ALL listed here – have a file for each and a way to respond – if need be open the file and read word for word to the judge.

Your education is in the court – and/or trial …not just the motions and filings. We ARE more confident as we learn AND each case is deferent and there are few if any tailored fit answers – you must be prepared to answer and attack back to win. I look forward to that day and judiciously study many comments made here as a student of credit. I learn as much if not more from the ‘I lost my case’ posts then I do from the winners.

Pro Say can you explain how one could use the doctrine of ultra vires in a debt collection lawsuit? I've read that the doctrine is obsolete unless you are talking about powers of governmental agencies, charities and non profits. Since one can always apply legal theory in novel ways, and I'm no expert in this stuff, please elaborate:) Thanks.

The part that is never mentioned is when the JDB attorney calls the defendant to the stand. If the defendant incriminates his or herself, its over. Be extremely careful how you answer the questions or you will be "steamrolled". A lot of "No's and I dont recall" help, but stick to the questions and dont help them by elaborating or explaining anything. When presenting your case to the judge, you can tell your side of the story, your ex did this or that, it was id theft etc..... Just as long as you do not say that this is yours debt/acct or whatever. Tell the judge there is nothing here with my signature on it. No loan application, just computer generated statements....... Each case is different, but after reading this hopefully you get what I am trying to say.

Seems to me if you want to collect on a debt collection suit you must OWN the debt. If you list payment as one of your affirmative defenses in a debt collection suit, that makes it pretty clear to the judge that it is your account. Still, that does not prove who owns the debt, be it original creditor or junk debt buyer. I was stupid six years ago and was abused by these law firms in debt collection cases, or should I say I was ignorant. Now I abuse them by helping my friends and neighbors on their suits. Case in point, a Discover Lawsuit, where their "Attorney" ha ha, had to request an enlargement of time to answer discovery and provide the employment records of the Affiant in regards to the Affidavit of Debt and also to provide ownership due to securitization in the Discover Card Master Trust I. They have provided nothing because they have no evidence. They filed suit expecting a default judgment and now they will be hit with "abuse of the legal process" by filing this crap.

Guest usctrojanalum

Yet in reality , after reviewing many pro se defeats leading to judgments in favor of the plaintiff, it appears the standard of proof is not very strict when the issue comes before a judge. In your opinions, why do plaintiffs frequently get away with flimsy evidence of assignment/ownership

Marx and Engels do a great job in describing why this happens very well. Look up their theory on class conflict and their writings on exploitation.

• 2 months later...

one thing i've observed as a pro se is if i say something like "they have not shown proof of assignment of this debt" the judge rarely responds. but if i specifically say "plaintiff has no standing" the judge starts to ask the plaintiff questions as to standing. i know that without evidencing proof of assignment its essentially lack of standing. but i think that sometimes, and im only talking about my experience, the specific words you use will yield different responses from the judge. for example when i filed my motion to dismiss couple months ago the judge really wasn't paying both sides much mind. but as soon as i said the court lacks personal jurisdiction it was like a whole new judge. Ithink the words you use in court are important. im talking about my experience as a pro se. yes the judge should take a liberal approach in interpreting what you're saying but in reality that's not always so.

I am starting another post which I will copy and paste this into so not to hijack this one. It can be found at http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?p=1082426#post1082426

This is exactly what I believe we should be sharing with each other.

What actual experiences anyone has had in court and what should be said and how to say it.

One of the most helpful thing I could have done is read and research my State's rules and procedures for small claims court. In my case what i found out is that the Plaintiff can't iniciate discover on a pro se litigant without court approval or unless the pro se on its own iniciate discovery, so if the pro se doesn't iniciate the plaintiff may have little choice than to bring any evidence at the pre-trial hearing.

The pro se litigant must prepare themselves just to gain a little advantage and go on the offense. Find out what the rules are for admissible evidence. Don't just passively wait for the next thing to happen [you don't have that luxury]

Don't try to explain everything the less said the better, learn the rules and when an occasion permits quote them.

You must understand that the courts are heavy laden with cases on their dockets. The judge is trying to get through them as quickly as possible and there is a high negativety rate against pro se litigate you can't just go to a hearing equipt only with what you've read on the internet and the judges most likely see this all the time and you lose.

What I did was print out a copy of the small claims rule of procedures and studied the relavent parts. I then stated reading case-law to see what the Plaintiff need to prove. I inicated discovery so that no surprises would produced at a hearing or trial.

My best quess is that the pro se litigant is nervous about the process, wants all the answers spoon feed to them, wants to follow the road of least resistance and don't want to do their own research. I think that these ingredients dooms a pro se litigant. Just my thoughts. Be Bless! S.A.

Im a nervous wreck for sure! heck its liek being thrown into a boxing ring, without ever haven thrown a punch and expected to fight.

Well then its's either sink or swim! BE BLESS S. A,

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