If a credit card company writes off a debt can you still be sued by a collection agency? |
Credit Card and Collection Ageny Debt
A collection agency cannot sue without the approval of the original creditor. Actually they can't sue at all. And if they tell you they can, they are violating FDCL. They refer the account back to the original debtor, who decides whether or not to sue and then forwards it to attorneys who specialize in this type of litigation.
Here are more opinions and answers from other FAQ Farmers:
- Yes, at least in my case where your identity has been stolen/used by your (ex) husband. And you will need to be able to prove credit card fraud (which takes years from your life "in more ways then one" to accomplish). The important laws/discoveries are being only discussed/implemented as we type. We are the guinea pigs. Be dilligent, you can't waste a minute in proving the flaws, in the laws that create a cause for us to have to fight them.
- Only the original creditor can sue you for a defaulted loan, unless the collection agency has a lawyer who is acting on behalf of the original creditor. The collection agency will harrass you and threaten that you may be sued (but not by them).
- Any company that writes off your credit card debt goes through the legal department and they can not come back on you and sue you and the other posters were correct in saying that a collection agency can't come after you for that debt.
- Once a company writes off your debt they turn it over to attorneys who will start the process of legal action or Garnishment of wages. They will get back what you owe minus the attorny fees. They have sued clients of mine for balances as small as $320.
First answer by anonymous. Last edit by ID1158654683. Question popularity: 163 [recommend question]
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