Pale Rider Posted June 11, 2003 Report Share Posted June 11, 2003 xxx Link to comment Share on other sites More sharing options...
TexasLawyer Posted June 11, 2003 Report Share Posted June 11, 2003 It is really an issue of standing. The creditor must file suit in its name, although an agency may locate, direct, and compensate an attorney for filing suit. The extent to which the agency directs the lawyer is determined by the agreement between the agency and the creditor. ABC Collection Agency cannot sue as a plaintiff for a debt that is owed to DEF Creditor. The suit should be styled, "DEF Creditor v. Unsuspecting Consumer." Link to comment Share on other sites More sharing options...
Anonymous Posted June 11, 2003 Report Share Posted June 11, 2003 Thanks for the explanation. Does this mean if the CA purchased the debt, a suit cannot be filed? Or, could they still go back to original creditor and have them file against the debtor. Link to comment Share on other sites More sharing options...
TexasLawyer Posted June 12, 2003 Report Share Posted June 12, 2003 If a CA purchased the debt, then the CA becomes the creditor and can sue in its own name. However, if it purchased the debt while it was in default solely for purposes of collection, then its actions are still governed by the FDCPA. Link to comment Share on other sites More sharing options...
Recommended Posts