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OK. If in fact a collector is not legally able to collect un


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According to information I've read in the Poor Man's Class Action Lawsuit to Use Against Creditors":

I believe that unless the OC has "assigned" the debt to the CA; the CA is not able to sue for the debt. Right? Wrong?

Then if this is the case, why do so many collections wind up in court? Is it because the debt collector has snafued the debtor in believing they can sue? If in fact they sue and obtain a judgement and according to the original debt the wording "Assigns" is not part of the contract signed by the debtor, what allows them to get this judgement??

One last question...My understanding of a CA is they are normally able to collect a debt by tactits such as bluffing, threats and intimidation. If the debtor tells the collector to take a "flying leap"; then would it require the CA to notify the original creditor he needs to institue a law suit?

After all, if the CA can not verify they are the so-called "creditors" then they are not legally able to sue.

I need some help sorting these things out prior to suing the CA.

Thanks!

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I believe that unless the OC has "assigned" the debt to the CA; the CA is not able to sue for the debt. Right? Wrong?

Right.

Then if this is the case, why do so many collections wind up in court? Is it because the debt collector has snafued the debtor in believing they can sue?

Yes, this is exactly the case. Also, if a creditor sues you and you don't show up/fight the case, the creditor wins by default without having to provide a shred of evidence. Same thing would work for you: if you sue a creditor and they don't show up, you win by default.

If in fact they sue and obtain a judgement and according to the original debt the wording "Assigns" is not part of the contract signed by the debtor, what allows them to get this judgement??

If you are not there to educate the judge (they really can't know everything) on what your rights are, the judge is going to go with what looks right to him. Cases are misjudged all of the time, that's why we have an appeals system.

My understanding of a CA is they are normally able to collect a debt by tactits such as bluffing, threats and intimidation. If the debtor tells the collector to take a "flying leap"; then would it require the CA to notify the original creditor he needs to institue a law suit?

Maybe - it depends on the collection agency. However, this is not in my experience hearing court cases. Most of the time, the OC has already written off the debt and is not actively involved in its collection anymore.

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