Can A Debt Buyer Really Collect A Debt Against Me?

This is a question we are often asked when Alabama consumers get sued by a debt buyer that they have never heard of.

In this video we explain that it is ok for a debt buyer to buy your old debt but remember (and see our videos on this) the debt buyer must prove it owns the debt (hard for them to do) and that you owe the debt.

Call us if you live in Alabama and have any questions - 205-879-2447.

You can also look at this part of our website that deals with this subject - http://www.alabamaconsumer.com/PracticeAreas/Ive-Been-Sued-What-Should.asp
and
http://www.alabamaconsumer.com/CM/Custom/FAQs-About-being-Sued.asp

Best wishes!

John Watts

Category:

Education

Tags:

• debt buyer
• John Watts
• consumer
• attorney
• lawyer
• collection
• debt collector
• Birmingham
• Alabama

[j0hnb0wman]

Under the doctrine of privity of contract a contract can only be between the parties that made the contract. Obligations under a contract cannot be assigned to third parties. I explained that very politely to a debt collector that bought my debt and thanked them for paying my debt, they said something about some code of practice that says they can collect debts. A code of practice is not law. I never heard back from them. This is in Australia so the law may be different

[johngwatts]

@j0hnb0wman That is interesting that the law is that way in Australia. In Alabama obligations under a contract can be assigned so the person receiving the assignment steps into the shoes, and has all the same rights as the original party to the contract. Thanks for your comment. I think our debt collectors would not like Australia.... :)

[1killerbilly]

when they send me paper work asking for money i use it as free toilet paper lol

[212nycelle212]

yes, you're correct if you don't know the law and how to properly defend your rights! You don't have a contract with a debt collector/agency. Which means you don't have a contract! Ask for the contract people! Take your power back! I've made 1000's and you can to, by suing these attornies and collectors!

[johngwatts]

@joalmala2 I don't hate debt collectors. I think collectors serve a good and legitimate purpose in our economy. I simply think if collectors decide to break the law, there is a price to pay. If they stay within the law then that is great. Same with consumers -- if they break their agreement to repay money, they can be sued. That's fair. But it is not fair to sue and have no proof. We deal with so many scams out there -- that's why courts require evidence, not accusations.....

[johngwatts]

@joalmala2 I don't think I have countersued a collector in years. I will sue collectors that break the law against my clients. As far as there not being a difference in debtors/consumers and collectors -- I agree at some level. All people should obey the laws. But if collectors, who have been given a lot of power, don't obey the laws, then they should not complain when they get caught.

[joalmala2]

the fact is you hate debt collectors because they have to remind you that you have to pay and that you might be a really irresponsable person. so yeah.... try to put yourself in their spot .when they were the ones who got the debt..it's funny how people always try to outsmart them by making them violate the FDCPA LAW....so guess what.if they work collecting from people everyday.one of these days your gonna get a bite on the behind when they get you one of the unvolantary ways to pay.

[joalmala2]

@johngwatts you should be careful not to try to counter sue a debt collector... when they have a law firm... so dont get too confident because in the end your getting called because you got something and now you dont want to pay it... so i dont see much diference between Debters and Debt collectors..

[johngwatts]

The reason the debt can be transferred is because the right to collect the money is owned by the original creditor. So it can sell that right to a debt buyer. It doesn't need our permission. This can be frustrating and I certainly don't have any love for the debt collectors (I sue them every month!) but they don't need our permission to sell it.

Now proving they really sold it/bought it . . . is a different matter... :)

[BiggerThinking1]

How can debt be transfered without the contractual consent of the first party 9the debtor) who never signed a contract with a 3rd party (the debt buyer)