dukeaviator Posted January 4, 2005 Report Share Posted January 4, 2005 If I win my counterclaim against plaintiff, what procedure must I do to collect. Secondly, Can the OC sell their debt to a collection agency and they (OC)then try to sue me for this debt. I have a documents where the OC assigned their debt to a collection agency in '95, but it seems the OC is trying to sue me for this debt. Link to comment Share on other sites More sharing options...
willingtocope Posted January 5, 2005 Report Share Posted January 5, 2005 Not sure I can answer your questions, but let me try so at least they'll bump up the chain...1. Need more info as to what claim you've got and who's the plaintiff? Most CAs, CCs, and their lawyers will simply send you a check, but it may be more difficult than that.2. If the OC "assigned" the debt to a CA for collection, then the OC still "owns" it. If the CA doesn't hassle you into coughing up the money, then the OC may sue at a later date. Depending on who the OC is, and what state you live in, this may be well beyond the SOL, which means you have an absolute defense against any suit. Link to comment Share on other sites More sharing options...
anti-something Posted January 5, 2005 Report Share Posted January 5, 2005 as far as i am aware to collect a judgment you obtain an abstract of judgment from the court, then send them a copy demanding payment. If they refuse to pay you then enter the abstract into public record by filing it with the county clerk, this needs to be done where they have assets, then you can have fun with post-judgment discovery and make them tell you where their assets are so you can seize them. Link to comment Share on other sites More sharing options...
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