Yes, it is legal for a creditor to sell your debt to a third party.
No, it is not illegal for a creditor to sell your debt.
= If your credit report reports that you have a bad debt write-off, then it means that the original creditor has written off the debt, but they can still sell the rights to the debt to a collection agency and they can contact you and take legal action.
Yes, if a creditor takes legal action to collect a debt, you may have to go to court.
In bankruptcy, a secured creditor has a legal right to specific collateral that secures the debt, giving them priority in getting paid from the sale of that collateral. An unsecured creditor does not have collateral securing the debt, so they are lower in priority and may not receive full payment.
Ask the creditor to send you written verification of the debt including all of their documents after incurring the debt. If the cancellation of the debt is not indicated in their documents, then dispute the debt by providing your written notification of cancellation of the debt to the creditor and if unsuccessful, then dispute the debt with the credit bureaus who will initiate an investigation with the creditor and the credit bureau will usually repond to you in 30 days. If no response from the creditor then it will usually be deleted from your credit report. If the collection harassment continues then ignore it realizing that probably no legal action will be taken against you or you can contact an attorney to contact the creditor. Either pay the debt or file bankruptcy.
No, it is not illegal for a creditor to sell your debt.
Absolutely, this occurs every day. Creditors often sell debt for pennies on the dollar. This is a very big business.
= If your credit report reports that you have a bad debt write-off, then it means that the original creditor has written off the debt, but they can still sell the rights to the debt to a collection agency and they can contact you and take legal action.
Yes. "Writing off" debts to bad debt is a bit of accounting legerdemain, and not a legal waiver. Typically, original creditors only sell debt or sell the right and power to collect on debt after they have written it off.
Yes, if a creditor takes legal action to collect a debt, you may have to go to court.
It is not legal for a debtor to assign debt to a willing third party unless the creditor is involved. The creditor must approve the transaction. For example, the sale of an automobile with the statement agreeing that the buyer takes over payments is valid if the creditor agrees.
In bankruptcy, a secured creditor has a legal right to specific collateral that secures the debt, giving them priority in getting paid from the sale of that collateral. An unsecured creditor does not have collateral securing the debt, so they are lower in priority and may not receive full payment.
Ask the creditor to send you written verification of the debt including all of their documents after incurring the debt. If the cancellation of the debt is not indicated in their documents, then dispute the debt by providing your written notification of cancellation of the debt to the creditor and if unsuccessful, then dispute the debt with the credit bureaus who will initiate an investigation with the creditor and the credit bureau will usually repond to you in 30 days. If no response from the creditor then it will usually be deleted from your credit report. If the collection harassment continues then ignore it realizing that probably no legal action will be taken against you or you can contact an attorney to contact the creditor. Either pay the debt or file bankruptcy.
Yes, a 'charge off' does not invalidate the debt nor the legal rights of the creditor to collect that debt.
If Your creditor get a judgment against you they can sell what property you have to pay the debt. So the answer is Yes.
It may sound ridiculous, but unfortunately loss of income is not a valid defense for not paying ones debts. The creditor will attempt to collect the debt for a certain amount of time and then may sell the debt to a collection agency which will continue the action. Both the original creditor or the collection agency have the right to pursue legal action in the form of civil suit if they believe it to be warranted.
Once a debt has been sold to a collection agency, that agency owns the debt. Now it would be between you and the collection agency to settle the debt; the creditor has washed his hands of the matter. If you think the debt collection agency isn't working within its legal limits and is harrassing you, check out the Fair Debt Collection Act, which outlines was a collection agency can and cannot do.