Legal Question in Civil Litigation in California

Can I Assign a Private Debt to Collection Agency?

Hello,

I am owed $5000 by a former friend under the terms of a loan contract. I would like to avoid small claims as I have just discovered that the defendant filed annoying phone call charges against me and a bench warrant was issued. I may not have secured counsel and dealt with the warrant issue by the small claims court date which I believe would put me in jeopardy of being arrested in court (the defendant could set up such a scenario).

Is it possible to assign my debt to a debt collection agency or attorney?


Asked on 8/29/02, 3:47 pm

4 Answers from Attorneys
Steven Kuhn Steven Kuhn

Re: Can I Assign a Private Debt to Collection Agency?

Yes

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Answered on 8/29/02, 3:54 pm
Mona Montgomery Mona Montgomery, Attorney at law

Re: Can I Assign a Private Debt to Collection Agency?

I would like to know more about the harrassment you were accused of. How much did you harrass this guy, if at all? Is he just cooking up the charge to intimidate you out of collecting? It may be that you want to go into court and face that warrant and explain to the judge what you did and let the judge decide if you were or were not guilty of harrassment. You might like to call me or any of the attorneys on this website for an analysis of your position in that matter that went to warrant. I don't see any value in not taking the debt to small claims court since you are going to have to face that warrant eventually. Please feel free to call my office or just about any of the lawyers on this website for a free telephone consultation.

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Answered on 8/31/02, 12:04 am
Hollie Lemkin Law Offices of Hollie A. Lemkin

Re: Can I Assign a Private Debt to Collection Agency?

The simple answer is yes you can assign it to an attorney or collection agency for collection, however most of these types of arrangements will requir that you give up a percentage ofthe amount collected.

Depending on the length of time that the debt has been owed, you may want to clear the harrasment issue up and then file a small claims action.

I would be happy to disucss this with you further. Good Luck. Hollie A. Lemkin

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Answered on 8/29/02, 8:30 pm
Larry Rothman Larry Rothman & Associates

Re: Can I Assign a Private Debt to Collection Agency?

It is possible to assign a contract debt to someone else. That could be an indiviudal who is not a lawyer or collection agency. However, a collection agency is not allowed to file in small claims court. Please contact us for free consultation if you have any other questions.

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Answered on 8/29/02, 11:12 pm


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