Can I see the contract between the collection lawyer and agency?
“Can I see the contract between the collection lawyer and agency?”
When you’re dealing with a debt collection lawsuit and a collection lawyer, one question that often comes up is, “Does the collection lawyer have to show me, the consumer, the contract between their firm and the debt collection agency?”
The answer is no.
Here’s where the confusion comes in.
We have the original creditor, who supposedly sells the debt to another company.
Then that company sells the debt to another company, and the sales continue until LVNV, Midland Funding, or whoever it is sues you.
We, rightfully so, say that they have to prove that they own the debt.
That doesn’t mean that they only have to prove that you owe the debt, it means they have to prove that they own the debt.
“How do they do that?”
Well, they have to trace the debt back to the original creditor.
When the debt is sold to a company, there’s a contract involved.
The debt collection agency has to show the contract, and prove that they own the debt.
The problem with the contract is that, generally speaking, there’s something in there that says, “By the way, there’s no promise that this is accurate, but you’re welcome to buy the debt.”
That’s inconsistent with the collection agency coming into court and saying, “The consumer owes us this money because we own the debt, and that’s the gospel truth!”
Sometimes consumers say that they want to see the proof that the collection lawyer represents the collection company.
Which they’re not entitled to see.
Just like the collection agency isn’t entitled to see the contract between you, the consumer, and the lawyer you hire.
If the lawyer files a Notice of Appearance or a Complaint or an Answer, then you trust that.
When they file this, they’re saying that, “I’m the lawyer that represents the plaintiff.”
You’re not entitled to see the contract between they lawyer and the collection agency.
The collection lawyer represents the debt buyer firm such as Asset, Midland, Portfolio, etc.
The lawyer isn’t the one who is claiming to own the debt.
The real battle is whether or not the collection agency (debt buyer) can prove that they own the debt.
In the cases we’ve handled, they’ve not been able to show evidence that proves they own it.
Maybe they can in your case, however I’ve never seen that happen. This is the battleground — not whether the collection lawyer has been hired to sue you. I’ll be happy to help you think through your options on what to do now that you have been sued.
Feel free to ask us any questions you may have.
If you live in the state of Alabama and you have any questions about what we’ve covered in this article, you are more than welcome to contact us.
You can reach us by phone at 1-205-879-2447 and ask for Carolyn, or you can fill out a contact form and we will gladly set up a meeting.
I look forward to talking with you!
Have a great day.