Skip to main content

Since a creditor can ask someone to collect $ for them and even sell the debt. Can a debtor sell the same debt to someone else?

Seattle, WA |

Cannot go pro SE myself , would like a friend who has been through the same situation speak for me , since he is not a lawyer he cannot do that for me , so could I sell the debt to him so , that he could go into court and argue the case ? Summons and complaint , Washington .

Attorney Answers 4


  1. Best answer

    Even if your fried for some reason were to accept responsibility for the debt on your behalf, that wouldn't eliminate the creditor's right to go after you (which they have already done), and your friend cannot represent you if he/she is not an attorney.

    I am not your attorney. My response is provided for informational purposes only and does not constitute legal advice.


  2. No, you cannot.

    Your friend can coach you beforehand, but you will need to speak for yourself, or hire an attorney to represent you.

    Best of luck,
    Tim L. Eblen
    www.eblenfreed.com


  3. I would STRONGLY urge you, like all individuals, to hire counsel who could seek a discounted settlement and defend you for the whole kit and kabootle if that was determined the best course of action . My experience is that folks who do not hire representation, while they end up saving some $ in the short run in terms of not having legal fees, on end up in the intermediate run costing themselves $-wise much much more.

    Some attorneys, such as myself, offer reduced hourly rates for initial consultations on such cases and/or flat fees for initial court actions so that you, the debtor, aren't left with a large unexpected legal defense/negotiation fee. It's better to be "pound wise".


  4. While I agree with the other attorneys that your suggestion is probably not a good idea, I do want to say that: (1) you deserve at least 10 points for creative thinking; and (2) you probably can sell / assign the contract to your friend such that s/he can go to court and defend the lawsuit. This does not, as other attorneys point out, work any "novation" of the obligation, such that your friend becomes responsible. If your friend loses in court, you have the obligations under the contract but not the benefits (if there are any). Also, to sell/assign the contract, there would have to be some actual benefits remaining under the contract OR you would have to each provide some benefit to the other for the contract to be valid. If you research that issue, the word for a mutual exchange of benefits or promises is called "consideration."

    Without knowing all of the details, reviewing documents, and interviewing witnesses, no person should assume that this Answer constitutes specific legal advice for any specific legal situation. No attorney-client relationship is created by posting general legal responses on this site.

Bankruptcy and debt topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics