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Does anyone know how OC assignments work?


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Scenario:

 

OC still owns the debt.

They assign it to CA1 to collect the debt. How does it work? Is there/should there be some kind of written agreement when the case is assigned to CA1 to collect?

If they recall the assignment and give it to CA2 to collect? Is there/should there be some note as well?
Does anyone know how the chain of assignment discovery works if the OC owns the debt throughout the process?

I'm in JAMS

Thanks! :)

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Unfortuneatly, "assign" is one of those weasal words that tend to confuse.  An OC can "assign" (as in contract with) a CA to try to collect...probably no real paperwork required, and they probably could contract with multiople CAs at the same time.

 

On the other hand, an OC can "assign" (as in grant all rights  and responsibilities) to a CA.  Its not quite the same as selling the debt to the CA, but does grant the CA the ability to speak on behalf of the OC.  This, should have paperwork.

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Right,

I meant assign as in let the CA handle it but they still own the debt, not "assign" where they sold the debt to the CA. So it might be true that there's no paperwork if it's just assigned for collection (and not sale assignment)?

Of course, the CA can only collect on the alleged debt only when it is assigned to them. Once recalled, they cannot continue to attempt to collect since they no longer have the 'assignment' to collect. That is my common sense interpretation of how that works. If someone more sage knows otherwise, your input (not legal advice of course) is greatly appreciated!

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Awesome :yahoo:  I just wanted a 2nd opinion before I responded to the OC's lawyer/CA. They claim I 'misinterpreted' what they said in my arguments. WTC, do you know of any Statues that prohibits the OC from using 2 CAs at the same time to collect on the same alleged debt? It's not 100% relevant to my case but I just wanted to add any knowledge to my argument arsenal! :-D

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