Getting Dirty in Mississippi debt collection suit

[Anonymous]

I recent articles, I mentioned my friend who was being sued by a collection agency for nearly $12,500 additional plus attorney's fees in the amount of $3105.00...here's the background for those who haven't followed...

M, a Mississippi Attorney, represent L in a divorce case in Ms. At the get go, L gave M a $5200.00 retainer. The contract that she signed stated he could charge for every little incidental expense. Believe me, he did. After the divorce, she was presented a bill of an additional $12,500.00. Believing that M did not deserve even the $5200.00, L wrote M a letter outling her disbelief in the atrocious charges. She told him that a $17,000 divorce on the grounds of Irrecoviable differences was absurd and asked him to review his billing...M sent L a letter in an attempt to justify his billing. M indicated she was late in her payment and that if it wasn't paid in 30 days, he'd turn it over to a collection Agency. In exactly 30 days, L received a collection notice from F. L demanded a Validation of debt by Certified Mail. They never responded. Approximately 30 days later, she once again received a Collections Letter and once again she requested validation of debt. They never responded. In approximately 30 days, F sues L in a local Mississippi Court. F was claiming that this debt to M had been "assigned" them in the amount of the debt along with this $3,100 attorney charge. L responded to F's Suit by issuing a countersuit against F for several uh-ohs concerning the FDCPA - reporting her to the Credit Bureaus and not reflecting this debt as disputed, Checking her credit on two other occasions without obtaining her consent, sending her threating letters about "garnishments are costly", etc.

L's suit is for various violoations but $75K punititive. Since the initiation of this suit, various pleadings have been filed by L. ...Now, here's the question...

M signed an affidavit stating that for "value received", he hereby transferred this debt to F. It did not stipulate an amount.

Question: In order to assign an account to a CA, must the original contract signed between M and L stipulate that this account can be assigned??? If this is in fact a true statement, then what Statutes or Laws back this up?

This is important to this case and I sincerely hope someone will have this answer. I will be forever grateful.

Secondly, the contract between M and L did provide for legal fees in the event of suit. Is it legal for the CA (F) to convey this fee to L?

Third: F, the collection agency, sued L in their name only. M, the original creditor's name is not part of this suit. Is this valid or should the DC (F) have sued L in the form of :

F and M vs. L

As it is now it is simply F (DC) v. L

Seems to me that L had no contract directly w/F which allowed them to sue her only in their behalf as it appears they have done.

What would be the proper style of this suit?

What gives F the authority to sue L in their name only? The assumed "assignment"????

Thanks for taking the time to read this...Please let me hear from you'll with your inputs!!