QUESTION
Can a third party debt collector sue me?
Asked on Jul 05th, 2012 on Personal Injury - California
More details to this question:
Can a third party debt collector sue me? The amount is about 2800.00 and that was on 2009 and i received court papers on July 2012( superior court, not small claims). Can they do that? and can i do in this case? Thank You.
2 ANSWERS
Personal Injury Attorney serving Irvine, CA
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Law Offices of C. Mark Hopkins
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1. This does not sound like a personal injury case. It sounds like breach of either a written or oral contract (such as a retail purchase of some type). 2. It is very common for merchant who believes they are owed money, to assign the debt to the debt collector, who then steps into the shoes of the merchant and has standing to sue you. 3. If it's an oral contract, then you can be sued up to 2 years after the breach. If it was a debt based upon a written document, such as a sales receipt, then the merchant has 4 years from the breach of that contract to sue you. 4. There are many defenses to a lawsuit for breach of contract, such as the product was defective.
Answered on Jul 17th, 2012 at 12:40 AM
Insurance Defense Attorney serving San Bernardino, CA
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Ricks & Wear, PLC
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The debt collector has probably been assigned the rights of the original creditor (or any other prior assignees) and if the original creditor had the right to sue you then the debt collector likely does as well.
Answered on Jul 16th, 2012 at 8:20 PM