Legal Question in Credit and Debt Law in South Dakota

debt collectors

if a debt has been wrote off,can a debt collector buy it and collect it by law?


Asked on 7/06/09, 12:19 am

2 Answers from Attorneys

Frank Loscalzo Law Office of Frank Loscalzo

Re: debt collectors

Charge off is just an accounting term. It means that the claim is no longer viewed as an asset, but as a loss.

If the claim was valid, they can sell it to a debt buyer and that debt buyer bring a collection lawsuit.

There are reason why that might not happen such as the statute of limitations, and others. But the "charge off" itself changes nothing.

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Answered on 7/07/09, 10:53 am
David Anderson Anderson Business Law LLC

Re: debt collectors

Yes, unless it is beyond the relevant Statute of Limitations. There are certain requirements that must be met before debt can be collected by a Third Party to which the debt is assigned.

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Answered on 7/06/09, 7:21 am


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