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How can i find out if a credit card company (capital one) sold my debt to a collection agency.

Los Angeles, CA |

received my letters from collection companies about debt. only to get one recently from capital one asking for the money. did they never sell this debt? now another company has contacted me. how can i tell if this debt was sold to them, or is this still capital one?

Attorney Answers 4

Posted

Ms. Bunce's posting hits the nail on the head with her suggestion that you obtain your credit reports. I have linked to my blog on how to get your free annual credit report information below and why you should do this each year. Now is the perfect time to check your credit for any and all errors and properly dispute any errors.
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Mr. Sullivan's idea to ask for the documentation is okay, but most of my clients tell me that they spoke with the debt collector and asked for documentation, but it either never arrived or the documents sent was simply a letter with general information about the debt, not specific proof of assignment. There is no legal way for a consumer to enforce a demand for this information, without a lawsuit being filed for the unpaid debt against you or by you (and your lawyer) for any debt collection harassment.

Getting back to Ms. Bunce's idea to order your credit reports: they will show the original creditor's trade line for this account and any other companies that now own the account or are collecting on behalf of the creditor. If the original creditor no longer owns the account, their trade line show indicate that fact by stating something such as: transferred to another entity. I hope you take a look at my blog posting on the "Don't Pay a Dime Strategy."

Robert Stempler (please see DISCLAIMER below)
www.StopCollectionLawsuits.com

NOTICE: The above statements are provided for general information purposes only and are not intended as legal advice or advice of any sort for a specific case or legal matter. If you do not have a signed attorney-client fee agreement with the Consumer Law Office of Robert Stempler, APLC ("the Firm"), then until such written fee agreement is provided and signed by both a prospective client and attorney for a particular case, neither Mr. Stempler nor the Firm will represent you nor will they be your attorney in any matter and you remain responsible for retaining your own attorney and for compliance with any and all deadlines and for any statutes of limitations that may pertain to potential claims. Comments made on a public forum, such as Avvo.com, to not have any confidentiality because others may read them. If you desire a private consultation with Mr. Stempler that is confidential, please go to www.StopCollectionLawsuits.com and submit a free eCase Review.

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Asker

Posted

I have been sued by a collection agency. But I have yet to be served. It states declaration of non service in court records. Do I wait till they actually serve me

Susan Kathryn Ashabraner

Susan Kathryn Ashabraner

Posted

Since plaintiff was unable to serve you, plaintiff will either voluntarily dismiss the case, or it will try to re-serve you. You need not, and should not, respond to the case until and unless you are served the summons and complaint. If you are served, it is imperative you file an Answer or General Denial -- including Affirmative Defenses -- within 30 days of service. If you are served, feel free to post more questions here. Good luck.

Posted

you can call and ask for proof of ownership currently of debt.

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Frederick William Schwinn

Frederick William Schwinn

Posted

This never works. In fact, it just gives the debt collector a new number to call (from the caller ID) and a free opportunity to harass you. NEVER call a debt collector. NEVER.

Posted

Sometimes debts are sold to collectors, and sometimes debts are only assigned to a collector, while the original creditor still owns the debt.

From your perspective, why does it matter?

Another way to find out would be to check your credit report, although the information may take time to appear on the credit report. I am posting a link to the free annual credit report site so you can investigate this further.

Hope this perspective helps!

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Robert Harlan Stempler

Robert Harlan Stempler

Posted

Most people don't know they have been sued until they are served. In California Superior Court, the defendant then has 30 days (sometimes longer) from date of being served in which to take the measures they deem appropriate. You have the gift of knowledge that the lawsuit will be served and can start laying the groundwork for what you plan to do with this, rather than wait, if you like. There is no requirement that you don't take measures until you have been served.

Posted

Capital One is not known to sell debts. The third party collectors are very likely doing so as agents of Capital One rather than on their own or for anyone else.

American Express doesn't sell either.

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Mark Hankins

Mark Hankins

Posted

It's always important to know who owns the debt because it may mean they don't hold adequate proof to go to court, and it can also affect whether they have authority to settle with you and on what terms they will be willing to do so (A JDB is typically making a nice profit if you pay them 20%, whereas an OC would be agreeing to an 80% haircut).

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