assignment of debtor rights

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Debt Assignment: How They Work, Considerations and Benefits

Daniel Liberto is a journalist with over 10 years of experience working with publications such as the Financial Times, The Independent, and Investors Chronicle.

Charlene Rhinehart is a CPA , CFE, chair of an Illinois CPA Society committee, and has a degree in accounting and finance from DePaul University.

Katrina Ávila Munichiello is an experienced editor, writer, fact-checker, and proofreader with more than fourteen years of experience working with print and online publications.

Investopedia / Ryan Oakley

What Is Debt Assignment?

The term debt assignment refers to a transfer of debt , and all the associated rights and obligations, from a creditor to a third party. The assignment is a legal transfer to the other party, who then becomes the owner of the debt. In most cases, a debt assignment is issued to a debt collector who then assumes responsibility to collect the debt.

Key Takeaways

• Debt assignment is a transfer of debt, and all the associated rights and obligations, from a creditor to a third party (often a debt collector).
• The company assigning the debt may do so to improve its liquidity and/or to reduce its risk exposure.
• The debtor must be notified when a debt is assigned so they know who to make payments to and where to send them.
• Third-party debt collectors are subject to the Fair Debt Collection Practices Act (FDCPA), a federal law overseen by the Federal Trade Commission (FTC).

How Debt Assignments Work

When a creditor lends an individual or business money, it does so with the confidence that the capital it lends out—as well as the interest payments charged for the privilege—is repaid in a timely fashion. The lender , or the extender of credit , will wait to recoup all the money owed according to the conditions and timeframe laid out in the contract.

In certain circumstances, the lender may decide it no longer wants to be responsible for servicing the loan and opt to sell the debt to a third party instead. Should that happen, a Notice of Assignment (NOA) is sent out to the debtor , the recipient of the loan, informing them that somebody else is now responsible for collecting any outstanding amount. This is referred to as a debt assignment.

The debtor must be notified when a debt is assigned to a third party so that they know who to make payments to and where to send them. If the debtor sends payments to the old creditor after the debt has been assigned, it is likely that the payments will not be accepted. This could cause the debtor to unintentionally default.

When a debtor receives such a notice, it's also generally a good idea for them to verify that the new creditor has recorded the correct total balance and monthly payment for the debt owed. In some cases, the new owner of the debt might even want to propose changes to the original terms of the loan. Should this path be pursued, the creditor is obligated to immediately notify the debtor and give them adequate time to respond.

The debtor still maintains the same legal rights and protections held with the original creditor after a debt assignment.

Special Considerations

Third-party debt collectors are subject to the Fair Debt Collection Practices Act (FDCPA). The FDCPA, a federal law overseen by the Federal Trade Commission (FTC), restricts the means and methods by which third-party debt collectors can contact debtors, the time of day they can make contact, and the number of times they are allowed to call debtors.

If the FDCPA is violated, a debtor may be able to file suit against the debt collection company and the individual debt collector for damages and attorney fees within one year. The terms of the FDCPA are available for review on the FTC's website .

Benefits of Debt Assignment

There are several reasons why a creditor may decide to assign its debt to someone else. This option is often exercised to improve liquidity  and/or to reduce risk exposure. A lender may be urgently in need of a quick injection of capital. Alternatively, it might have accumulated lots of high-risk loans and be wary that many of them could default . In cases like these, creditors may be willing to get rid of them swiftly for pennies on the dollar if it means improving their financial outlook and appeasing worried investors. At other times, the creditor may decide the debt is too old to waste its resources on collections, or selling or assigning it to a third party to pick up the collection activity. In these instances, a company would not assign their debt to a third party.

Criticism of Debt Assignment

The process of assigning debt has drawn a fair bit of criticism, especially over the past few decades. Debt buyers have been accused of engaging in all kinds of unethical practices to get paid, including issuing threats and regularly harassing debtors. In some cases, they have also been charged with chasing up debts that have already been settled.

Federal Trade Commission. " Fair Debt Collection Practices Act ." Accessed June 29, 2021.

Federal Trade Commission. " Debt Collection FAQs ." Accessed June 29, 2021.

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14.2: Assignment of Contract Rights

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Learning Objectives

• Understand what an assignment is and how it is made.
• Recognize the effect of the assignment.
• Know when assignments are not allowed.
• Understand the concept of assignor’s warranties

The Concept of a Contract Assignment

Contracts create rights and duties. By an assignment , an obligee (one who has the right to receive a contract benefit) transfers a right to receive a contract benefit owed by the obligor (the one who has a duty to perform) to a third person ( assignee ); the obligee then becomes an assignor (one who makes an assignment).

The Restatement (Second) of Contracts defines an assignment of a right as “a manifestation of the assignor’s intention to transfer it by virtue of which the assignor’s right to performance by the obligor is extinguished in whole or in part and the assignee acquires the right to such performance.”Restatement (Second) of Contracts, Section 317(1). The one who makes the assignment is both an obligee and a transferor. The assignee acquires the right to receive the contractual obligations of the promisor, who is referred to as the obligor (see Figure 14.1 "Assignment of Rights" ). The assignor may assign any right unless (1) doing so would materially change the obligation of the obligor, materially burden him, increase his risk, or otherwise diminish the value to him of the original contract; (2) statute or public policy forbids the assignment; or (3) the contract itself precludes assignment. The common law of contracts and Articles 2 and 9 of the Uniform Commercial Code (UCC) govern assignments. Assignments are an important part of business financing, such as factoring. A factor is one who purchases the right to receive income from another.

Figure 14.1 Assignment of Rights

Method of Assignment

Manifesting assent.

To effect an assignment, the assignor must make known his intention to transfer the rights to the third person. The assignor’s intention must be that the assignment is effective without need of any further action or any further manifestation of intention to make the assignment. In other words, the assignor must intend and understand himself to be making the assignment then and there; he is not promising to make the assignment sometime in the future.

Under the UCC, any assignments of rights in excess of $5,000 must be in writing, but otherwise, assignments can be oral and consideration is not required: the assignor could assign the right to the assignee for nothing (not likely in commercial transactions, of course). Mrs. Franklin has the right to receive $750 a month from the sale of a house she formerly owned; she assigns the right to receive the money to her son Jason, as a gift. The assignment is good, though such a gratuitous assignment is usually revocable, which is not the case where consideration has been paid for an assignment.

Acceptance and Revocation

For the assignment to become effective, the assignee must manifest his acceptance under most circumstances. This is done automatically when, as is usually the case, the assignee has given consideration for the assignment (i.e., there is a contract between the assignor and the assignee in which the assignment is the assignor’s consideration), and then the assignment is not revocable without the assignee’s consent. Problems of acceptance normally arise only when the assignor intends the assignment as a gift. Then, for the assignment to be irrevocable, either the assignee must manifest his acceptance or the assignor must notify the assignee in writing of the assignment.

Notice to the obligor is not required, but an obligor who renders performance to the assignor without notice of the assignment (that performance of the contract is to be rendered now to the assignee) is discharged. Obviously, the assignor cannot then keep the consideration he has received; he owes it to the assignee. But if notice is given to the obligor and she performs to the assignor anyway, the assignee can recover from either the obligor or the assignee, so the obligor could have to perform twice, as in Exercise 2 at the chapter’s end, Aldana v. Colonial Palms Plaza . Of course, an obligor who receives notice of the assignment from the assignee will want to be sure the assignment has really occurred. After all, anybody could waltz up to the obligor and say, “I’m the assignee of your contract with the bank. From now on, pay me the $500 a month, not the bank.” The obligor is entitled to verification of the assignment.

Effect of Assignment

General rule.

An assignment of rights effectively makes the assignee stand in the shoes of the assignor. He gains all the rights against the obligor that the assignor had, but no more. An obligor who could avoid the assignor’s attempt to enforce the rights could avoid a similar attempt by the assignee. Likewise, under UCC Section 9-318(1), the assignee of an account is subject to all terms of the contract between the debtor and the creditor-assignor. Suppose Dealer sells a car to Buyer on a contract where Buyer is to pay $300 per month and the car is warranted for 50,000 miles. If the car goes on the fritz before then and Dealer won’t fix it, Buyer could fix it for, say, $250 and deduct that $250 from the amount owed Dealer on the next installment (called a setoff). Now, if Dealer assigns the contract to Assignee, Assignee stands in Dealer’s shoes, and Buyer could likewise deduct the $250 from payment to Assignee.

The “shoe rule” does not apply to two types of assignments. First, it is inapplicable to the sale of a negotiable instrument to a holder in due course. Second, the rule may be waived: under the UCC and at common law, the obligor may agree in the original contract not to raise defenses against the assignee that could have been raised against the assignor.Uniform Commercial Code, Section 9-206. While a waiver of defenses makes the assignment more marketable from the assignee’s point of view, it is a situation fraught with peril to an obligor, who may sign a contract without understanding the full import of the waiver. Under the waiver rule, for example, a farmer who buys a tractor on credit and discovers later that it does not work would still be required to pay a credit company that purchased the contract; his defense that the merchandise was shoddy would be unavailing (he would, as used to be said, be “having to pay on a dead horse”).

For that reason, there are various rules that limit both the holder in due course and the waiver rule. Certain defenses, the so-called real defenses (infancy, duress, and fraud in the execution, among others), may always be asserted. Also, the waiver clause in the contract must have been presented in good faith, and if the assignee has actual notice of a defense that the buyer or lessee could raise, then the waiver is ineffective. Moreover, in consumer transactions, the UCC’s rule is subject to state laws that protect consumers (people buying things used primarily for personal, family, or household purposes), and many states, by statute or court decision, have made waivers of defenses ineffective in such consumer transactions . Federal Trade Commission regulations also affect the ability of many sellers to pass on rights to assignees free of defenses that buyers could raise against them. Because of these various limitations on the holder in due course and on waivers, the “shoe rule” will not govern in consumer transactions and, if there are real defenses or the assignee does not act in good faith, in business transactions as well.

When Assignments Are Not Allowed

The general rule—as previously noted—is that most contract rights are assignable. But there are exceptions. Five of them are noted here.

Material Change in Duties of the Obligor

When an assignment has the effect of materially changing the duties that the obligor must perform, it is ineffective. Changing the party to whom the obligor must make a payment is not a material change of duty that will defeat an assignment, since that, of course, is the purpose behind most assignments. Nor will a minor change in the duties the obligor must perform defeat the assignment.

Several residents in the town of Centerville sign up on an annual basis with the Centerville Times to receive their morning paper. A customer who is moving out of town may assign his right to receive the paper to someone else within the delivery route. As long as the assignee pays for the paper, the assignment is effective; the only relationship the obligor has to the assignee is a routine delivery in exchange for payment. Obligors can consent in the original contract, however, to a subsequent assignment of duties. Here is a clause from the World Team Tennis League contract: “It is mutually agreed that the Club shall have the right to sell, assign, trade and transfer this contract to another Club in the League, and the Player agrees to accept and be bound by such sale, exchange, assignment or transfer and to faithfully perform and carry out his or her obligations under this contract as if it had been entered into by the Player and such other Club.” Consent is not necessary when the contract does not involve a personal relationship.

Assignment of Personal Rights

When it matters to the obligor who receives the benefit of his duty to perform under the contract, then the receipt of the benefit is a personal right that cannot be assigned. For example, a student seeking to earn pocket money during the school year signs up to do research work for a professor she admires and with whom she is friendly. The professor assigns the contract to one of his colleagues with whom the student does not get along. The assignment is ineffective because it matters to the student (the obligor) who the person of the assignee is. An insurance company provides auto insurance covering Mohammed Kareem, a sixty-five-year-old man who drives very carefully. Kareem cannot assign the contract to his seventeen-year-old grandson because it matters to the insurance company who the person of its insured is. Tenants usually cannot assign (sublet) their tenancies without the landlord’s permission because it matters to the landlord who the person of their tenant is. Section 14.4.1 "Nonassignable Rights" , Nassau Hotel Co. v. Barnett & Barse Corp. , is an example of the nonassignability of a personal right.

Assignment Forbidden by Statute or Public Policy

Various federal and state laws prohibit or regulate some contract assignment. The assignment of future wages is regulated by state and federal law to protect people from improvidently denying themselves future income because of immediate present financial difficulties. And even in the absence of statute, public policy might prohibit some assignments.

Contracts That Prohibit Assignment

Assignability of contract rights is useful, and prohibitions against it are not generally favored. Many contracts contain general language that prohibits assignment of rights or of “the contract.” Both the Restatement and UCC Section 2-210(3) declare that in the absence of any contrary circumstances, a provision in the agreement that prohibits assigning “the contract” bars “only the delegation to the assignee of the assignor’s performance.”Restatement (Second) of Contracts, Section 322. In other words, unless the contract specifically prohibits assignment of any of its terms, a party is free to assign anything except his or her own duties.

Even if a contractual provision explicitly prohibits it, a right to damages for breach of the whole contract is assignable under UCC Section 2-210(2) in contracts for goods. Likewise, UCC Section 9-318(4) invalidates any contract provision that prohibits assigning sums already due or to become due. Indeed, in some states, at common law, a clause specifically prohibiting assignment will fail. For example, the buyer and the seller agree to the sale of land and to a provision barring assignment of the rights under the contract. The buyer pays the full price, but the seller refuses to convey. The buyer then assigns to her friend the right to obtain title to the land from the seller. The latter’s objection that the contract precludes such an assignment will fall on deaf ears in some states; the assignment is effective, and the friend may sue for the title.

Future Contracts

The law distinguishes between assigning future rights under an existing contract and assigning rights that will arise from a future contract. Rights contingent on a future event can be assigned in exactly the same manner as existing rights, as long as the contingent rights are already incorporated in a contract. Ben has a long-standing deal with his neighbor, Mrs. Robinson, to keep the latter’s walk clear of snow at twenty dollars a snowfall. Ben is saving his money for a new printer, but when he is eighty dollars shy of the purchase price, he becomes impatient and cajoles a friend into loaning him the balance. In return, Ben assigns his friend the earnings from the next four snowfalls. The assignment is effective. However, a right that will arise from a future contract cannot be the subject of a present assignment.

Partial Assignments

An assignor may assign part of a contractual right, but only if the obligor can perform that part of his contractual obligation separately from the remainder of his obligation. Assignment of part of a payment due is always enforceable. However, if the obligor objects, neither the assignor nor the assignee may sue him unless both are party to the suit. Mrs. Robinson owes Ben one hundred dollars. Ben assigns fifty dollars of that sum to his friend. Mrs. Robinson is perplexed by this assignment and refuses to pay until the situation is explained to her satisfaction. The friend brings suit against Mrs. Robinson. The court cannot hear the case unless Ben is also a party to the suit. This ensures all parties to the dispute are present at once and avoids multiple lawsuits.

Successive Assignments

It may happen that an assignor assigns the same interest twice (see Figure 14.2 "Successive Assignments" ). With certain exceptions, the first assignee takes precedence over any subsequent assignee. One obvious exception is when the first assignment is ineffective or revocable. A subsequent assignment has the effect of revoking a prior assignment that is ineffective or revocable. Another exception: if in good faith the subsequent assignee gives consideration for the assignment and has no knowledge of the prior assignment, he takes precedence whenever he obtains payment from, performance from, or a judgment against the obligor, or whenever he receives some tangible evidence from the assignor that the right has been assigned (e.g., a bank deposit book or an insurance policy).

Some states follow the different English rule: the first assignee to give notice to the obligor has priority, regardless of the order in which the assignments were made. Furthermore, if the assignment falls within the filing requirements of UCC Article 9 (see Chapter 33 "Secured Transactions and Suretyship" ), the first assignee to file will prevail.

Figure 14.2 Successive Assignments

Assignor’s Warranties

An assignor has legal responsibilities in making assignments. He cannot blithely assign the same interests pell-mell and escape liability. Unless the contract explicitly states to the contrary, a person who assigns a right for value makes certain assignor’s warranties to the assignee: that he will not upset the assignment, that he has the right to make it, and that there are no defenses that will defeat it. However, the assignor does not guarantee payment; assignment does not by itself amount to a warranty that the obligor is solvent or will perform as agreed in the original contract. Mrs. Robinson owes Ben fifty dollars. Ben assigns this sum to his friend. Before the friend collects, Ben releases Mrs. Robinson from her obligation. The friend may sue Ben for the fifty dollars. Or again, if Ben represents to his friend that Mrs. Robinson owes him (Ben) fifty dollars and assigns his friend that amount, but in fact Mrs. Robinson does not owe Ben that much, then Ben has breached his assignor’s warranty. The assignor’s warranties may be express or implied.

Key Takeaway

Generally, it is OK for an obligee to assign the right to receive contractual performance from the obligor to a third party. The effect of the assignment is to make the assignee stand in the shoes of the assignor, taking all the latter’s rights and all the defenses against nonperformance that the obligor might raise against the assignor. But the obligor may agree in advance to waive defenses against the assignee, unless such waiver is prohibited by law.

There are some exceptions to the rule that contract rights are assignable. Some, such as personal rights, are not circumstances where the obligor’s duties would materially change, cases where assignability is forbidden by statute or public policy, or, with some limits, cases where the contract itself prohibits assignment. Partial assignments and successive assignments can happen, and rules govern the resolution of problems arising from them.

When the assignor makes the assignment, that person makes certain warranties, express or implied, to the assignee, basically to the effect that the assignment is good and the assignor knows of no reason why the assignee will not get performance from the obligor.

• If Able makes a valid assignment to Baker of his contract to receive monthly rental payments from Tenant, how is Baker’s right different from what Able’s was?
• Able made a valid assignment to Baker of his contract to receive monthly purchase payments from Carr, who bought an automobile from Able. The car had a 180-day warranty, but the car malfunctioned within that time. Able had quit the auto business entirely. May Carr withhold payments from Baker to offset the cost of needed repairs?
• Assume in the case in Exercise 2 that Baker knew Able was selling defective cars just before his (Able’s) withdrawal from the auto business. How, if at all, does that change Baker’s rights?
• Why are leases generally not assignable? Why are insurance contracts not assignable?

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What Is an Assignment of Debt?

• 1 What Is an Assignment of Debt? The Legal Ins and Outs Explained
• 2 A Crash Course on Debt Assignments
• 3 Why Do Creditors Assign Debts?
• 4 The Debt Assignment Process 101
• 5 Your Rights When Debts Get Assigned
• 6 Potential Downsides of Debt Assignments
• 7 Tips for Dealing With Assigned Debts
• 8 Creditor Responsibilities With Assignments
• 9 The Secondary Debt Market Explained
• 10 Debt Bundling and Securitization Trends
• 11 Creditor Rights vs. Consumer Protections
• 12 When to Consult a Lawyer About Assignments
• 13 Avoiding Shady Debt Collectors
• 14 Pros and Cons of Debt Assignments

What Is an Assignment of Debt? The Legal Ins and Outs Explained

A crash course on debt assignments.

Ever heard of an “assignment of debt”? Yeah, it’s one of those legal terms that sounds pretty darn confusing. But don’t worry, I’m gonna break it down for you in a way that’s easy to understand. An assignment of debt is basically when a creditor (the person or company you owe money to) transfers or “assigns” your debt to someone else. So let’s say you owe cash to Bank A, but Bank A decides to sell your debt to Debt Collector B. Boom – that’s an assignment of debt right there. Now, you might be thinking “Wait, they can just sell my debt without asking me??” And the answer is…yup, they sure can! As long as they follow the rules, creditors have the right to assign debts to third parties. It’s all part of the fun world of debt collection. But don’t freak out just yet. There are some protections in place for debtors (that’s you!) when this happens. We’ll dive into those a bit later. For now, just know that debt assignments happen allll the time in the credit and lending world.

Why Do Creditors Assign Debts?

Good question! There are a few main reasons why creditors might want to offload your debt to someone else:

• Cash Flow  – Creditors like getting paid back ASAP. If you’re behind on payments, they may sell the debt to a collector who can hopefully get the money from you faster.
• Reduce Risk  – Holding onto unpaid debts is risky business. Assigning the debt transfers that risk to another party.
• Operational Efficiency  – Debt collection is a whole job in itself. Some creditors would rather outsource that headache.
• Raise Capital  – Selling debts raises cash that creditors can then reinvest in their businesses.

So in a nutshell, it basically comes down to improving cash flow, reducing risk exposure, focusing on their core business, and raising capital. For creditors, assigning debts just makes good financial sense in many cases.

The Debt Assignment Process 101

Okay, so when a creditor wants to assign your debt to someone else, there’s a little process they have to follow:

• The Assignment Agreement  – This is a contract between the original creditor and the debt buyer that lays out all the terms of the debt sale. It’ll specify things like the amount of debt being assigned, the purchase price, etc.
• Notification  – By law, the creditor has to notify you in writing that your debt has been assigned. This notice should include key details like the name of the new debt owner and instructions for making payments moving forward.
• Debt Validation  – If you request it, the new debt owner has to provide verification of the debt details, including the original creditor’s name and the amount you owe.
• Account Transfer  – Once all the paperwork is sorted, your account info and payment history gets transferred over to the new debt owner.

So in essence, an assignment agreement is signed, you get notified, the debt gets validated if needed, and then your account moves to the new creditor. Pretty straightforward process overall. Now, it’s important to note that the new debt owner (let’s call them the “assignee”) essentially steps into the shoes of the original creditor. They inherit all the rights and obligations related to collecting that debt from you. We’ll talk more about what that means for you as the debtor in a bit.

Your Rights When Debts Get Assigned

As a consumer, you’ve got some rights when your debt gets assigned to a new owner. Here are the key ones to know:

• Fair Debt Collection Practices Act  – This federal law prohibits debt collectors (including debt assignees) from using abusive, deceptive or unfair practices when trying to collect from you. So no threats, harassment or shenanigans allowed!
• Debt Validation  – As mentioned, you can request validation of the debt details from the new owner. They have to provide evidence that the debt is legit and you really owe it.
• Statute of Limitations  – There’s a time limit (set by state law) for how long a creditor can try to sue you over an unpaid debt. Assignments don’t reset or “re-age” this statute of limitations.
• Payment History  – Any payments you’ve already made should get credited to your account by the new debt owner. They can’t try to collect the full amount twice.
• Interest Rate  – The new creditor generally can’t jack up the interest rate above what you originally agreed to with the original lender.

So in a nutshell, debt buyers have to play by the rules just like original creditors. They can’t harass you, have to validate debts on request, can’t re-age old debts, and have to properly account for your payment history and interest rates. Of course, make sure you understand the specific debt collection laws in your state too. Those can provide extra protections beyond the federal stuff.

Potential Downsides of Debt Assignments

While debt assignments are totally legal, they’re not always a walk in the park for debtors. Here are some potential downsides to watch out for:

• Aggressive Collectors  – Let’s be real, some debt buyers play a little rougher than original creditors when it comes to collections. They may be more persistent in their efforts to get paid.
• Debt Parking  – Some shady debt buyers will intentionally “park” or withhold debts from the credit bureaus to try and catch you off guard later with a surprise collections effort.
• Questionable Practices  – There have been cases of debt buyers trying to collect inflated amounts, re-age old debts, or even collect debts twice. Gotta stay vigilant!
• Restarting the Clock  – In some states, simply getting assigned to a new debt owner can restart the statute of limitations clock, giving them more time to potentially sue you.
• Debt Stacking  – If multiple debts get bundled together and assigned, it can create one huge debt stack that’s harder to pay off.

The moral of the story? While there are laws in place, you gotta be a smart, informed consumer and not take any debt collector’s word as gospel – whether they’re the original creditor or not.

Tips for Dealing With Assigned Debts

So what should you do if one of your debts gets assigned to a new owner? Here are some tips:

• Get it in Writing  – Insist on receiving written validation of the debt details before acknowledging or paying anything.
• Check the Records  – Review your own payment records against what the new creditor is claiming you owe. Dispute any discrepancies.
• Negotiate  – Debt buyers often purchase debts for pennies on the dollar. Use this to your advantage and try negotiating a lump-sum settlement for less than face value.
• Consult a Lawyer  – If you suspect any illegal collection practices or have concerns about your rights, talk to a consumer lawyer who specializes in debt issues.
• Understand Your State’s Laws  – Again, debt collection laws can vary by state, so learn the specifics where you live.
• Explore Your Options  – Debt assignment may reset the clock for things like bankruptcy filings or debt management plans in some cases. Consider all potential solutions.

The key is to stay on top of the situation, assert your rights as a consumer, and explore all possible ways to resolve the debt in a fair manner. Don’t just roll over for an aggressive debt collector.

Creditor Responsibilities With Assignments

Of course, creditors who assign debts have some responsibilities too when it comes to protecting consumer rights:

• Proper Documentation  – They need to maintain complete and accurate records about the debt, payments made, and chain of assignment.
• Vetting Debt Buyers  – Creditors should do their due diligence in vetting any debt buyers they sell to and make sure they’re reputable operators.
• Compliance Training  – Smart creditors will ensure debt buyers are properly trained on all relevant debt collection laws and regulations.
• Recall Rights  – Many creditors will include contractual “recall” rights that allow them to pull back assigned debts if the debt buyer acts unethically.

At the end of the day, creditors don’t want their reputations getting dragged through the mud by some rogue debt collector’s bad practices. So it’s in their best interest to assign debts responsibly.

The Secondary Debt Market Explained

You know how I mentioned that creditors can raise capital by selling debts? Well, there’s actually a whole secondary market for trading consumer debts. It’s a multi-billion dollar industry! Here’s a quick overview of how it works: Original creditors will package up batches of unpaid debts and sell them off to different debt buyers. These buyers will then try to collect on those debts or re-sell them to other buyers. The debts get continuously traded and re-traded, often for much less than their face value. A debt buyer might pay just a few cents on the dollar for a delinquent debt portfolio. There are different types of debt buyers too:

• Primary Debt Buyers  – These are the ones purchasing debts directly from the original creditors.
• Secondary Debt Buyers  – They purchase debt portfolios from the primary buyers or other secondary buyers.
• Debt Collection Agencies  – Rather than re-selling, these are the companies actually trying to collect on the debts they purchase.

It’s kind of like a debt trading circle of life! Debts get passed around until they’re either collected on or ultimately deemed uncollectible. Now, you can probably guess that the more times a debt gets re-sold and re-traded, the higher the risk of documentation issues, inflated amounts being claimed, or other collection shenanigans. That’s why it’s so important for consumers to get debts validated and make sure their rights aren’t being violated, especially if their debt has been assigned multiple times.

Debt Bundling and Securitization Trends

Two other big trends to be aware of in the debt assignment world are debt bundling and securitization: Debt Bundling  is when creditors package up lots of individual unpaid debts and sell them off as one big bundle or portfolio. This allows debt buyers to purchase debts in bulk rather than one-by-one. The bundling part makes record-keeping more complicated. There’s a higher risk of documentation getting jumbled or lost as the bundled debts get re-sold from buyer to buyer. Securitization  takes bundling one step further. In this process, debt buyers will take bundles of debts and actually turn them into debt securities that can be traded on a secondary market. It works kind of like a mortgage-backed security, except instead of home loans, investors are buying securities made up of bundled consumer debts like credit cards, auto loans, etc. The securitization trend has grown in recent years as debt buyers look for new ways to raise capital and cash in on consumer debt portfolios. But critics argue it creates misaligned incentives, prioritizing debt volume over quality underwriting. For consumers, these trends make it even more critical to get documentation validated if your debt has been bundled or securitized. There’s a higher potential for errors and accountability issues the more times a debt has been re-packaged and re-sold.

Creditor Rights vs. Consumer Protections

At the end of the day, debt assignments exist because creditors have a legal right to sell unpaid debts to third parties. It’s just part of the whole credit and lending system. But at the same time, there are federal laws like the Fair Debt Collection Practices Act (FDCPA) that aim to protect consumers from abusive or deceptive debt collection tactics – whether it’s the original creditor or a debt buyer collecting. So it’s a bit of a balancing act between creditor rights to pursue legitimate debts and ensuring debt collectors (including assignees) are following the rules and not trampling on consumer protections. From a consumer perspective, the key things to watch out for with assigned debts are:

• Shady Collectors – Make sure you’re dealing with a reputable agency, not a fly-by-night operation.
• Improper Documentation – Get debts validated, check your records, and dispute any discrepancies.
• Re-Aged Debts – Statute of limitation time limits should carry over, not get reset by assignments.
• Inflated Amounts – You shouldn’t be charged extra fees or interest beyond what was originally agreed.
• Harassment Tactics – No threats, abusive language, or unfair practices are permitted under the FDCPA.

Basically, you have to stay vigilant as a consumer and not just take a debt collector’s word at face value, even if they claim to have been assigned your debt fair and square.

When to Consult a Lawyer About Assignments

In some situations, it may be wise to consult with a consumer lawyer who specializes in debt issues and creditor harassment cases. A lawyer can review your specific situation and debts to:

• Ensure all documentation is proper and no laws were violated in the assignment process
• Analyze whether the new debt owner followed all notification and validation requirements
• Determine if the new creditor is overstepping their rights in their collection efforts
• Advise you of your rights and options for dealing with the assigned debt moving forward
• Potentially negotiate a settlement or take legal action if any improprieties occurred

The reality is, the debt-buying industry has had its fair share of bad actors over the years. Some debt collectors play pretty fast and loose with the rules. So if you have any doubts or feel your rights are being violated, it never hurts to at least have a consultation with a qualified debt lawyer. They can review everything with an expert eye. Many consumer law firms in this space work on a contingency basis too. So you may not need any upfront money to have them evaluate your debt assignment situation.

Avoiding Shady Debt Collectors

Unfortunately, the debt-buying world does attract some shadier operators looking to make a quick buck through questionable practices. So it’s wise to watch out for any red flags that might signal you’re dealing with a disreputable debt collector, such as:

• Lack of Documentation  – If they can’t validate the debt with proper records, be very skeptical.
• Harassment Tactics  – Threats, profanity, repeated calls at improper hours…that’s all illegal.
• Inflated Amounts  – They shouldn’t be tacking on extra fees or charging higher interest rates.
• Re-Aged Debts  – Statute of limitation time limits need to carry over from the original creditor.
• Questionable Addresses  – Watch out for debt collectors operating out of PO boxes or virtual offices.
• Lack of Licensing  – Many states require debt collectors to have proper licensing and bonding.
• Bad Reviews  – Do some online research and see if others have reported issues with the agency.

The bottom line is, you shouldn’t feel intimidated or bullied into paying up if something seems fishy about the debt collector’s practices or documentation. Reputable agencies will operate by the book. If you encounter any red flags, request full debt validation, consult a lawyer if needed, and explore all your options for resolving the debt properly and fairly.

Pros and Cons of Debt Assignments

Like most financial and legal processes, debt assignments come with some potential pros and cons to consider: Pros of Debt Assignments

• Allow creditors to raise capital and improve cash flow
• Transfer risk of non-payment away from original creditors
• Debt buyers may be more motivated to recover delinquent debts
• Negotiating settlements with debt buyers is often easier
• Assignments are legally permitted under current lending laws

Cons of Debt Assignments

• Documentation issues and errors are more likely, especially with re-sold debts
• Some debt buyers use unethical, overly aggressive collection tactics
• Debts can get “re-aged” or have statutes of limitation reset in some cases
• Bundling and securitization trends create more complexity and risks
• Lack of incentives for debt buyers to verify underlying debt quality

At the end of the day, debt assignments are a legal and legitimate part of the lending ecosystem. But there are also plenty of historical examples of debt buyers overstepping their bounds and violating consumer protections. So it’s really a matter of ensuring there are proper safeguards, compliance, and accountability measures in place – both from creditors assigning debts responsibly and debt buyers collecting on those debts ethically.

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Assignment of Rights Agreement: Everything You Need to Know

An assignment of rights agreement refers to a situation in which one party, known as the assignor, shifts contract rights to another party, known as assignee. 3 min read updated on February 01, 2023

An assignment of rights agreement refers to a situation in which one party, known as the assignor, shifts contract rights to another party. The party taking on the rights is known as the assignee.

An Assignment of Rights Agreement

The following is an example of an assignment of rights agreement. Dave decides to buy a bicycle from John for $100 and after agreeing on the price, Dave and John draw up a written agreement. Let's suppose that there will be a one week wait before the bicycle is ready for delivery to Dave and before anything is passed between them.

Meanwhile, John accepts that he will transfer his right to be paid $100 from Dave to Rob, in exchange for Rob paying John $90 immediately. Let's assume that John's motivation is an immediate need for cash. In this context, John is regarded as the assignor and Rob is the assignee.

John is the assignor as he is giving the assignment to Rob and Rob is the assignee because he is acquiring the assignment from John. To put it simply, the assignee is the party who gets something. In this case, Rob will receive $100.

Rules of Assignments

Assignments frequently occur in contracts. It's important to note the following points:

• The assignor (e.g. John) is accountable according to the contract unless the parties make an agreement that states otherwise.
• This means that if Dave does not receive the bicycle, he can sue John for it.
• Assignments are allowed in almost every type of agreement unless the contract includes an explicit ban on assignments or unless a specific exception is applicable.
• The assignor does not need to speak to the other contract party in order to create the assignment. For example, John would not need to ask Dave if John can transfer his right to be paid to Rob.

Exceptions Where a Contract Cannot be Assigned

• Some exceptions dictate that a contract cannot be assigned .
• Unenforceable assignments include the following: a personal services agreement, changing the contract duties, changing the material provisions of the agreement (e.g. time, amount, location, etc.).
• An example of a personal services agreement, which cannot be assigned, would be if you decided to employ a particular professional writer to write a book for you.
• That writer would not be allowed to take your payment and then give the work to another writer because you employed that particular writer to write the book, rather than someone else.
• Some kinds of assignments have to be in writing in order to be enforceable such as assignments of actual property (e.g. selling your house), loans, or debts.
• It's best to look at the statute of frauds for more information on the kinds of agreements that must be in writing.

Delegations and Novations

A delegation is very similar to an assignment in terms of what it involves. A delegation takes place when a party moves his or her obligations (or liabilities) under an agreement to a different party. Assignments, on the other hand, involve the transfer of rights.

If the parties in our previous example had created a novation , Rob would be entirely accountable to Dave and John would be clear of responsibility. A novation replaces the earliest party with a new party.

Contract Assignment

An Assignment Agreement can also be called a Contract Assignment. Another example of this would be if you're a contractor who needs assistance finishing a job. You could give those tasks and rights to a subcontractor, but only if the original agreement does not prohibit the assignment of these rights and responsibilities.

Creating an Assignment Agreement

In an Assignment Agreement, it is important to include details such as:

• The name of the person assigning the responsibilities (known as the assignor)
• The name of the of the party who is taking the rights and responsibilities (the assignee)
• The other party to the first agreement (known as the obligor)
• The name of the agreement and its expiration date
• Whether the first contract necessitates the obligor's approval before assigning rights
• The date of the obligor's consent
• When the contract will be put into effect
• Which state's laws will regulate the contract

If you need help with an assignment of rights agreement, you can post your legal need on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.

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Content Approved by UpCounsel

• Assignment of Rights Example
• Assignment of Contract Rights
• Assignment of Rights and Obligations Under a Contract
• Partial Assignment of Contract
• Assignment Contract Law
• What Is the Definition of Assigns
• Assignment Law
• Assignment Of Contracts
• Legal Assignment
• Delegation vs Assignment

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Debt Assignment and Assumption Agreement

Rating: 4.7 - 23 votes

A Debt Assignment and Assumption Agreement is a very simple document whereby one party assigns their debt to another party, and the other party agrees to take that debt on. The party that is assigning the debt is the original debtor; they are called the assignor. The party that is assuming the debt is the new debtor; they are called the assignee.

The debt is owed to a creditor.

This document is different than a Debt Settlement Agreement , because there, the original debtor has paid back all of the debt and is now free and clear. Here, the debt still stands, but it will just be owed to the creditor by another party.

This is also different than a Debt Acknowledgment Form , because there, the original debtor is simply signing a document acknowledging their debt.

How to use this document

This document is extremely short and to-the-point. It contains just the identities of the parties, the terms of the debt, the debt amount, and the signatures. It is auto-populated with some important contract terms to make this a complete agreement.

When this document is filled out, it should be printed, signed by the assignor and the creditor, and then signed by the assignee in front of a notary. It is important to have the assignee's signature notarized, because that is the party that is taking on the debt.

Applicable law

Debt Assignment and Assumption Agreements are generally covered by the state law where the debt was originally incurred.

How to modify the template

You fill out a form. The document is created before your eyes as you respond to the questions.

At the end, you receive it in Word and PDF formats. You can modify it and reuse it.

Other names for the document:

Agreement to Assign Debt, Agreement to Assume Debt, Assignment and Assumption of Debt, Assumption and Assignment of Debt Agreement, Debt Assignment Agreement

Country: United States

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• How Does Debt Assignment Work?

Chloe Meltzer | December 07, 2023

Legal Expert Chloe Meltzer, MA

Chloe Meltzer is an experienced content writer specializing in legal content creation. She holds a degree in English Literature from Arizona State University, complemented by a Master’s in Marketing from California Polytechnic State University-San Luis Obispo.

Edited by Hannah Locklear

Editor at SoloSuit Hannah Locklear, BA

Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.

Summary: What are your options when your debt has been assigned to a debt collector? Find out why a creditor might have assigned your debt and how to deal with it.

Debt assignment refers to a transfer of debt. This includes all of the associated rights and obligations, as it goes from a creditor to a third party. Debt assignment is essentially the legal transfer of debt to a debt collector (or debt collection agency). After this agency purchases the debt, they will have the responsibility to collect the debt, meaning you will pay your debt to them.

File a response with SoloSuit to win against debt collectors.

Find Out How Debt Assignment Works

When a creditor or lender no longer wants to be responsible for attempting to collect your debt, they will sell your debt to a third party. When this occurs, a Notice of Assignment (NOA) is sent out to you. This should inform you of who is responsible for collecting the rest of your loan or debt.

Legally you must be notified if your debt is assigned to someone new. This is to ensure that you know where to make payments to. If you are not aware of the new assignment, you may send payments to the wrong location which could force you into unintentional default.

Know How the FDCPA Protects You

Third-party debt collectors must act according to the Fair Debt Collection Practices Act (FDCPA). This federal law restricts the methods by which a debt collector can contact you, and attempt to collect debts. The FDCPA regulates the time of day or night a collector can make contact, how often they can call, as well as what they say and how they say it.

If you believe that a debt collector has violated the FDCPA, then you may be able to file a suit against that company. You may also be able to sue for damages or attorney fees.

Stand up to debt collection agencies with SoloSuit.

Learn Why a Creditor Assigns Debt

There are a few reasons why a creditor may assign your debt. Typically, the most common reason is to reduce their risk. By assigning and selling the debt it is no longer their liability. They can ensure they recoup some of their money, and appease investors as well.

Discover How Purchasing a Debt Differs from Debt Assignment

The purchase of debt occurs before assignment. Before the assignment of delinquent debt, a collection agency will be required to purchase it. This is often done at a far lower price, while they still attempt to recoup the entire debt. Because of this, it allows you to attempt to settle your debt for less.

Understand Why Debt Assignment Is Often Criticized

The process of assigning debt is often seen as unethical. With threats, harassment, and lies of all kinds, many debt buyers have been accused of violating the FDCPA. Because of this, debt assignment has seen a good amount of criticism. Some cases have even seen consumers charged with debts that have already been settled or paid .

Nevertheless, this shows how important it is to be on top of your debts. The number one choice you should make with any debt or debt assignment is to respond to all correspondence. This will ensure that you stay in compliance, and act when you need to.

What is SoloSuit?

SoloSuit makes it easy to respond to a debt collection lawsuit.

How it works: SoloSuit is a step-by-step web-app that asks you all the necessary questions to complete your answer. Upon completion, you can either print the completed forms and mail in the hard copies to the courts or you can pay SoloSuit to file it for you and to have an attorney review the document.

Respond with SoloSuit

"First time getting sued by a debt collector and I was searching all over YouTube and ran across SoloSuit, so I decided to buy their services with their attorney reviewed documentation which cost extra but it was well worth it! SoloSuit sent the documentation to the parties and to the court which saved me time from having to go to court and in a few weeks the case got dismissed!" – James

>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate

>>Read the NPR story on SoloSuit: A Student Solution To Give Utah Debtors A Fighting Chance

How to Answer a Summons for debt collection in all 50 states

Here's a list of guides on how to respond to a debt collection lawsuit in each state:

The Ultimate 50 State Guide

• Connecticut
• Massachusetts
• Mississippi
• New Hampshire
• North Carolina
• North Dakota
• Pennsylvania
• Rhode Island
• South Carolina
• South Dakota
• Vermont ; Vermont (Small Claims court)
• West Virginia

Guides on how to resolve debt with every debt collector

Are you being sued by a debt collector? We’re making guides on how to resolve debt with each one.

• 11 Charter Communications
• AAA Collections
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• Account Services
• Accredited Collection Services
• Advanced Recovery Systems
• AFNI Collections
• Alco Capital Group LLC
• Aldous and Associates
• Alliance Collections
• Alliance One
• Alliant Capital Management
• Alpha Recovery Corp
• Alltran Financial
• Alltran Health
• Alorica Inc.
• Amcol Clmbia in Court
• American Coradius International
• American Profit Recovery
• American Recovery Service
• Americollect
• AmSher Collection Services
• Apelles LLC
• AR Resources
• ARC Collections
• ARM Solutions
• Arrow Financial Services
• ARS National Services
• ARSC Debt Collectors
• AscensionPoint Recovery Services
• Asset Acceptance LLC
• Asset Recovery Solutions
• Associated Credit Services
• Atlantic Credit and Finance
• Atradius Collections
• Automated Collection Services, Inc.
• Autovest LLC
• AWA Collections
• Balekian Hayes
• Bay Area Receivables
• BCA Financial Services
• BC Services
• Benuck and Rainey
• Berlin-Wheeler
• Bluebonnet Financial LLC
• Bonneville Collections
• Bull City Financial
• Bureaus Investment Group
• Caine and Weiner
• Capio Partners
• Capital Accounts
• Capital Collections
• Capital Management Services
• Carmel Financial/New Coast Direct
• Cavalry SPV I LLC
• CBCS Collections
• CBV Collections
• CCB Credit Services
• CCS Collections
• CCS Offices
• Central Mediation Services
• Central Portfolio Control
• Cerastes LLC
• Choice Recovery
• Choice Recovery Inc
• CKS Financial
• CKMS Financial
• Client Services
• CMRE Financial Services
• Coast Professional
• Comenity Bank Debt Collection
• Commonwealth Financial
• ConServe Debt Collection
• Consumer Collection Management
• Contract Callers Inc
• Convergent Healthcare Recoveries
• Convergent Outsourcing
• Couch Conville & Blitt
• Covington Credit
• Credco in Court
• Credence Resource Management
• Credit Bureau Systems
• Credit Control Corporation
• Credit Management Company
• Credit Management LP
• Credit Systems
• CTC Debt Collector
• CVCS Debt Collection
• Cypress Financial Recoveries
• D&A Services
• Daniels, Norelli, Cecere & Tavel P.C.
• DCM Services
• Debt Recovery Solutions
• Delanor Kemper & Associates
• Department Stores National Bank
• Direct Recovery Associates
• Discover Collections
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• Diversified Consultants
• Diversified Recovery Bureau
• DNF Associates, LLC
• Dynamic Collectors
• Eagle Accounts Group, Inc.
• Eastern Account System
• Ellington and Associates Collections
• Encore Capital Group
• Enerson Law
• Enerson Law LLC
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• ERC Collections
• ERSolutions
• Estate Information Services
• Equable Ascent Financial
• Everest Business Funding
• Executive Credit Management
• Faber and Brand
• Factual Data
• Falls Collection Service
• FCO Collections and Outsourcing
• FIA Card Services
• fin rec svc (Financial Recovery Services)
• First Federal Credit Credit Control
• First Financial Bank
• First Portfolio Ventures LLC
• First Progress
• FirstPoint Collection Resources
• Firstsource Advantage
• FMA Alliance
• Forster & Garbus
• Franklin Collection Services
• Freedom Plus
• Freshview Solutions
• Frontline Asset
• Frost Arnett
• Fulton Friedman & Gullace LLP
• Galaxy International Purchasing, LLC
• GC Debt Collection
• GC Services
• General Revenue Corporation
• GLA Collections
• Glass Mountain Capital
• Glasser and Glasser
• Global Credit Collection Corp
• Global Trust Management
• GMAC Financing
• Golden 1 Credit Union
• Grant and Weber
• Grant Mercantile Agency
• Gulf Coast Collection Bureau
• Halsted Financial Services
• Harris and Harris
• Harvard Collection
• Harvest Credit Management
• Helvey and Associates
• Hollis Cobb
• Holloway Moxley
• Hosto Buchan
• Howard Lee Schiff
• H&R Accounts
• Hudson & Keyse LLC?
• Hunter Warfield
• Impact Receivables Management
• Innovative Recovery
• Integras Capital Recovery LLC
• Javitch Block
• JHPDE Finance 1 LLC
• JP Receivables Management Partners
• Kenneth Eisen and Associates
• KeyBank student loans
• Kirschenbaum, Phillips & Levy P.C.
• KLS Financial Services
• Kramer & Frank
• Lakeside Collection
• Lending Club
• Lincoln and Morgan Kabbage
• Linebarger Goggan Blair & Sampson LLP
• Lockhart Collection Agency
• LJ Ross Associates
• LTD Collections
• Malcolm S. Gerald and Associates
• Malen & Associates
• Mandarich Law Group
• Mannbracken
• Marcam Associates
• MARS Inc. Collections
• MCA Management Company
• McCarthy, Burgess & Wolff
• Meade & Associates
• Mercantile Adjustment Bureau
• Merchants Credit Association
• MGM Collections
• Michael J Adams PC
• Midland Funding LLC
• Mid-South Adjustment
• Monarch Recovery
• Monterey Financial
• Moss Law Firm
• Mountain Land Collections
• MRS Associates
• MSW Capital LLC
• Mullooly, Jeffrey, Rooney & Flynn
• Nathan and Nathan PC
• National Collegiate Trust
• National Credit Adjusters
• National Credit Care
• National Credit Systems
• National Enterprise Systems
• National Recovery Agency
• National Recovery Solutions
• Nationwide Credit
• Nationwide Recovery Services
• Nationwide Recovery Systems
• NCO Financial Systems Incorporated
• North American Recovery
• Northland Group
• Northstar Capital Acquisition
• Northstar Location Services
• NRC Collection Agency
• Oliver Adjustment Company
• Oliphant Financial, LLC
• P&B Capital Group
• PCB Collections Agency
• Palisades Collection LLC
• Pallida LLC
• Paragon Contracting Services
• Paragon Revenue Group
• Payday Loan Debt Collectors
• Pendrick Capital Partners
• Penn Credit
• Perdue Brandon
• Persolve LLC
• Phillips & Cohen Associates
• Phoenix Financial Services
• Pioneer Credit Recovery
• PRA Group, Inc.
• Pressler, Felt & Warshaw LLP
• Prestige Services, Inc.
• Prince Parker and Associates
• Professional Finance Company
• Progressive Management Systems
• Provest Law
• Quaternary Collection Agency
• RAB Collection Agency
• Rash Curtis and Associates
• Radius Global SOL
• Radius Global Solutions
• Rawlings Company
• Razor Capital
• Real Time Resolutions
• Receivables Performance Management
• Regents and Associates
• Reliant Capital Solutions
• Resurgent Capital Services and LVNV Funding
• Revco Solutions
• Revenue Enterprises LLC
• Revenue Group
• RGS Financial, Inc.
• RMP LLC in Court
• RMP Services
• RS Clark and Associates
• RTR Financial Services
• Rubin & Rothman
• Salander Enterprises LLC
• Samara Portfolio Management
• SCA Collections
• Scott Parnell and Associates
• Second Round Collections
• Second Round Sub LLC
• Selip & Stylianou LLP
• Sequium Asset Solutions
• Sessoms and Rogers
• Sherman Acquisition
• Sherman Financial Group
• SIMM Associates
• Source Receivables Management
• Southern Management Systems
• Southwest Credit Group
• Spire Recovery Solutions
• SRS Company
• Stark Collection Agency
• State Collection Service
• Stenger and Stenger
• Stillman Law Office
• Summit Account Resolution
• Sunrise Credit Services
• Superlative RM Debt Collector
• Suttell and Hammer
• Synergetic Communication
• Synerprise Consulting
• The Law Office of Michael J Scott
• Trellis Company
• Troy Capital
• TRS Recovery Services
• Tulsa Teachers Credit Union
• UCB Collection
• Unifin Debt Collector
• Universal Credit Services
• US Bank Collections
• USAA collections
• USCB America
• Valentine and Kebartas
• Valley Servicing
• Vance & Huffman LLC
• Van Ru Credit Corporation
• Velo Law Office
• Velocity Investments
• Viking Client Services
• Wakefield and Associates
• Waypoint Resource Group
• Weinberg and Associates
• Weltman, Weinberg & Reis
• Westwood Funding
• Williams and Fudge
• Wilshire Consumer Credit
• Wolpoff & Abramson
• Worldwide Asset Purchasing
• www.AutomotiveCredit.com
• Zarzaur & Schwartz
• Zwicker & Associates

Resolve your debt with your creditor

Some creditors, banks, and lenders have an internal collections department. If they come after you for a debt, Solosuit can still help you respond and resolve the debt. Here’s a list of guides on how to resolve debt with different creditors.

• American Express ; American Express – Debt Collection
• Bank of America
• Best Buy Credit Card
• Capital One
• Credit One Bank
• Old Navy Credit Card
• PayPal Synchrony Card
• Regional Finance
• Retailers National Bank
• Reunion Student Loan Finance Corporation
• SYNCB/PPEXTR
• Synchrony Bank
• Synchrony Walmart Card
• Target National Bank
• Wells Fargo
• Can I Pay My Original Creditor Instead of a Debt Collection Agency?
• Can I Settle a Debt with the Original Creditor?

Settle your medical debt

Having a health challenge is stressful, but dealing medical debt on top of it is overwhelming. Here are some resources on how to manage medical debt.

• Am I Responsible for My Spouse's Medical Debt?
• Do I Need a Lawyer for Medical Bills?
• Do I Need a Lawyer to Fight Medical Bill Debt?
• Does Bankruptcy Clear Medical Debt?
• How Much Do Collection Agencies Pay for Medical Debt?
• How to Find Medical Debt Forgiveness Programs
• Is There a Statute of Limitations on Medical Bills?
• Medical Debt Statute of Limitations by State
• Summoned to Court for Medical Bills — What Do I Do?
• Summoned to Court for Medical Bills? What to Do Next

Guides on arbitration

If the thought of going to court stresses you out, you’re not alone. Many Americans who are sued for credit card debt utilize a Motion to Compel Arbitration to push their case out of court and into arbitration.

Below are some resources on how to use an arbitration clause to your advantage and win a debt lawsuit.

• How Arbitration Works
• How to Find an Arbitration Clause in Your Credit Agreement
• How to Make a Motion to Compel Arbitration
• How to Make a Motion to Compel Arbitration in Florida
• How to Make a Motion to Compel Arbitration Without an Attorney
• How Credit Card Arbitration Works
• Sample Motion to Compel Arbitration

Stop calls from debt collectors

Do you keep getting calls from an unknown number, only to realize that it’s a debt collector on the other line? If you’ve been called by any of the following numbers, chances are you have collectors coming after you, and we’ll tell you how to stop them.

• 1-800-390-7584
• 800-289-8004
• 800-955-6600
• 877-366-0169
• 877-591-0747
• 800-278-2420
• 800-604-0064
• 800-846-6406
• 877-317-0948
• 888-899-4332
• 888-912-7925
• 202-367-9070
• 502-267-7522

Federal debt collection laws can protect you

Knowing your rights makes it easier to stand up for your rights. Below, we’ve compiled all our articles on federal debt collection laws that protect you from unfair practices.

• 15 USC 1692 Explained
• Does the Fair Credit Reporting Act Work in Florida?
• FDCPA Violations List
• How to File an FDCPA Complaint Against Your Debt Collector (Ultimate Guide)
• How to Make a Fair Debt Collection Practices Act Demand Letter
• How to Submit a Transunion Dispute
• How to Submit an Equifax Dispute
• How to Submit an Experian Dispute
• What Debt Collectors Cannot Do — FDCPA Explained
• What Does Account Information Disputed by Consumer Meets FCRA Requirements Mean?
• What does “meets FCRA requirements” mean?
• What does FCRA stand for?
• What is the Consumer Credit Protection Act

Get debt relief in your state

We’ve created a specialized guide on how to find debt relief in all 50 states, complete with steps to take to find relief, state-specific resources, and more.

Debt collection laws in all 50 states

Debt collection laws vary by state, so we have compiled a guide to each state’s debt collection laws to make it easier for you to stand up for your rights—no matter where you live.

• Debt Collection Laws in Alabama
• Debt Collection Laws in Alaska
• Debt Collection Laws in Arizona
• Debt Collection Laws in Arkansas
• Debt Collection Laws in California
• Debt Collection Laws in Colorado
• Debt Collection Laws in Connecticut
• Debt Collection Laws in Delaware
• Debt Collection Laws in Florida
• Debt Collection Laws in Georgia
• Debt Collection Laws in Hawaii
• Debt Collection Laws in Kansas
• Debt Collection Laws in Idaho
• Debt Collection Laws in Illinois
• Debt Collection Laws in Indiana
• Debt Collection Laws in Iowa
• Debt Collection Laws in Kentucky
• Debt Collection Laws in Louisiana
• Debt Collection Laws in Massachusetts
• Debt Collection Laws in Michigan
• Debt Collection Laws in Minnesota
• Debt Collection Laws in Mississippi
• Debt Collection Laws in Missouri
• Debt Collection Laws in Montana
• Debt Collection Laws in Nebraska
• Debt Collection Laws in Nevada
• Debt Collection Laws in New Hampshire
• Debt Collection Laws in New Jersey
• Debt Collection Laws in New Mexico
• Debt Collection Laws in New York
• Debt Collection Laws in North Carolina
• Debt Collection Laws in North Dakota
• Debt Collection Laws in Ohio
• Debt Collection Laws in Oklahoma
• Debt Collection Laws in Oregon
• Debt Collection Laws in Pennsylvania
• Debt Collection Laws in Rhode Island
• Debt Collection Laws in South Carolina
• Debt Collection Laws in South Dakota
• Debt Collection Laws in Tennessee
• Debt Collection Laws in Texas
• Debt Collection Laws in Vermont
• Debt Collection Laws in Virginia
• Debt Collection Laws in Washington
• Debt Collection Laws in West Virginia
• Debt Collection Laws in Wisconsin
• Debt Collection Laws in Wyoming

Statute of limitations on debt state guides

Like all debt collection laws, the statute of limitations on debt varies by state. So, we wrote a guide on each state’s statutes. Check it out below.

Statute of Limitations on Debt Collection by State (Best Guide)

• Statute of Limitations on Debt Collection in Alabama
• Statute of Limitations on Debt Collection in Alaska
• Statute of Limitations on Debt Collection in Arizona
• Statute of Limitations on Debt Collection in Arkansas
• Statute of Limitations on Debt Collection in California
• Statute of Limitations on Debt Collection in Connecticut
• Statute of Limitations on Debt Collection in Colorado
• Statute of Limitations on Debt Collection in Delaware
• Statute of Limitations on Debt Collection in Florida
• Statute of Limitations on Debt Collection in Georgia
• Statute of Limitations on Debt Collection in Hawaii
• Statute of Limitations on Debt Collection in Illinois
• Statute of Limitations on Debt Collection in Indiana
• Statute of Limitations on Debt Collection in Iowa
• Statute of Limitations on Debt Collection in Kansas
• Statute of Limitations on Debt Collection in Louisiana
• Statute of Limitations on Debt Collection in Maine
• Statute of Limitations on Debt Collection in Maryland
• Statute of Limitations on Debt Collection in Michigan
• Statute of Limitations on Debt Collection in Minnesota
• Statute of Limitations on Debt Collection in Mississippi
• Statute of Limitations on Debt Collection in Missouri
• Statute of Limitations on Debt Collection in Montana
• Statute of Limitations on Debt Collection in Nebraska
• Statute of Limitations on Debt Collection in Nevada
• Statute of Limitations on Debt Collection in New Hampshire
• Statute of Limitations on Debt Collection in New Jersey
• Statute of Limitations on Debt Collection in New Mexico
• Statute of Limitations on Debt Collection in New York
• Statute of Limitations on Debt Collection in North Carolina
• Statute of Limitations on Debt Collection in North Dakota
• Statute of Limitations on Debt Collection in Oklahoma
• Statute of Limitations on Debt Collection in Oregon
• Statute of Limitations on Debt Collection in Oregon (Complete Guide)
• Statute of Limitations on Debt Collection in Pennsylvania
• Statute of Limitations on Debt Collection in Rhode Island
• Statute of Limitations on Debt Collection in South Carolina
• Statute of Limitations on Debt Collection in South Dakota
• Statute of Limitations on Debt Collection in Tennessee
• Statute of Limitations on Debt Collection in Texas
• Statute of Limitations on Debt Collection in Utah
• Statute of Limitations on Debt Collection in Vermont
• Statute of Limitations on Debt Collection in Virginia
• Statute of Limitations on Debt Collection in Washington
• Statute of Limitations on Debt Collection in West Virginia
• Statute of Limitations on Debt Collection in Wisconsin
• Statute of Limitations on Debt Collection in Wyoming

Check the status of your court case

Don’t have time to go to your local courthouse to check the status of your case? We’ve created a guide on how to check the status of your case in every state, complete with online search tools and court directories.

• Alabama Court Case Search—Find Your Lawsuit
• Alaska Court Case Search — Find Your Lawsuit
• Arizona Court Case Search - Find Your Lawsuit
• Arkansas Court Case Search — Find Your Lawsuit
• California Court Case Search- Find Your Lawsuit
• Colorado Court Case Search — Find Your Lawsuit
• Connecticut Case Lookup — Find Your Court Case
• Delaware Court Case Search — Find Your Lawsuit
• Florida Court Case Search — Find Your Lawsuit
• Georgia Court Case Search — Find Your Lawsuit
• Hawaii Court Case Search — Find Your Lawsuit
• Idaho Court Case Search – Find Your Lawsuit
• Illinois Court Case Search — Find Your Lawsuit
• Indiana Court Case Search — Find Your Lawsuit
• Iowa Court Case Search — Find Your Lawsuit
• Kansas Court Case Search — Find Your Lawsuit
• Kentucky Court Case Search — Find Your Lawsuit
• Louisiana Court Case Search — Find Your Lawsuit
• Maine Court Case Search — Find Your Lawsuit
• Maryland Court Case Search — Find Your Lawsuit
• Massachusetts Court Case Search — Find Your Lawsuit
• Michigan Court Case Search — Find Your Lawsuit
• Minnesota Court Case Search — Find Your Lawsuit
• Mississippi Court Case Search — Find Your Lawsuit
• Missouri Court Case Search — Find Your Lawsuit
• Montana Court Case Search — Find Your Lawsuit
• Nebraska Court Case Search — Find Your Lawsuit
• Nevada Court Case Search — Find Your Lawsuit
• New Hampshire Court Case Search — Find Your Lawsuit
• New Jersey Court Case Search—Find Your Lawsuit
• New Mexico Court Case Search - Find Your Lawsuit
• New York Case Search — Find Your Lawsuit
• North Carolina Court Case Search — Find Your Lawsuit
• North Dakota Court Case Search �� Find Your Lawsuit
• Ohio Court Case Search — Find Your Lawsuit
• Oklahoma Court Case Search — Find Your Lawsuit
• Oregon Court Case Search — Find Your Lawsuit
• Pennsylvania Court Case Search — Find Your Lawsuit
• Rhode Island Court Case Search — Find Your Lawsuit
• South Carolina Court Case Search — Find Your Lawsuit
• South Dakota Court Case Search — Find Your Lawsuit
• Tennessee Court Case Search — Find Your Lawsuit
• Texas Court Case Search — Find Your Lawsuit
• Utah Court Case Search — Find Your Lawsuit
• Vermont Court Case Search — Find Your Lawsuit
• Virginia Court Case Search — Find Your Lawsuit
• Washington Court Case Search — Find Your Lawsuit
• West Virginia Court Case Search — Find Your Lawsuit
• Wisconsin Court Case Search — Find Your Lawsuit
• Wyoming Court Case Search — Find Your Lawsuit

How to stop wage garnishment in your state

Forgot to respond to your debt lawsuit? The judge may have ordered a default judgment against you, and with a default judgment, debt collectors can garnish your wages. Here are our guides on how to stop wage garnishment in all 50 states.

• Stop Wage Garnishment in Alabama
• Stop Wage Garnishment in Alaska
• Stop Wage Garnishment in Arizona
• Stop Wage Garnishment in Arkansas
• Stop Wage Garnishment in California
• Stop Wage Garnishment in Colorado
• Stop Wage Garnishment in Connecticut
• Stop Wage Garnishment in Delaware
• Stop Wage Garnishment in Florida
• Stop Wage Garnishment in Georgia
• Stop Wage Garnishment in Hawaii
• Stop Wage Garnishment in Idaho
• Stop Wage Garnishment in Illinois
• Stop Wage Garnishment in Indiana
• Stop Wage Garnishment in Iowa
• Stop Wage Garnishment in Kansas
• Stop Wage Garnishment in Kentucky
• Stop Wage Garnishment in Louisiana
• Stop Wage Garnishment in Maine
• Stop Wage Garnishment in Maryland
• Stop Wage Garnishment in Massachusetts
• Stop Wage Garnishment in Michigan
• Stop Wage Garnishment in Minnesota
• Stop Wage Garnishment in Mississippi
• Stop Wage Garnishment in Missouri
• Stop Wage Garnishment in Montana
• Stop Wage Garnishment in Nevada
• Stop Wage Garnishment in New Hampshire
• Stop Wage Garnishment in New Jersey
• Stop Wage Garnishment in New Mexico
• Stop Wage Garnishment in New York
• Stop Wage Garnishment in North Carolina
• Stop Wage Garnishment in North Dakota
• Stop Wage Garnishment in Ohio
• Stop Wage Garnishment in Oklahoma
• Stop Wage Garnishment in Oregon
• Stop Wage Garnishment in Pennsylvania
• Stop Wage Garnishment in Rhode Island
• Stop Wage Garnishment in South Carolina
• Stop Wage Garnishment in South Dakota
• Stop Wage Garnishment in Tennessee
• Stop Wage Garnishment In Texas
• Stop Wage Garnishment In Utah
• Stop Wage Garnishment in Vermont
• Stop Wage Garnishment in Virginia
• Stop Wage Garnishment in Washington
• Stop Wage Garnishment in West Virginia
• Stop Wage Garnishment in Wisconsin
• Stop Wage Garnishment in Wyoming

Other wage garnishment resources

• Bank Account Garnishment and Liens in Texas
• Can I Stop Wage Garnishment?
• Can My Wife's Bank Account Be Garnished for My Debt?
• Can Payday Loans Garnish Your Wages?
• Can pensions be garnished?
• Can Private Disability Payments Be Garnished?
• Can Social Security Disability Be Garnished?
• Can They Garnish Your Wages for Credit Card Debt?
• Can You Stop a Garnishment Once It Starts?
• Guide to Garnishment Limits by State
• How Can I Stop Wage Garnishments Immediately?
• How Long Before a Creditor Can Garnish Wages?
• How Long Does It Take to Get Garnished Wages Back?
• How to Fight a Wage Garnishment
• How to Prevent Wage Garnishment
• How to Stop a Garnishment
• How to Stop Social Security Wage Garnishment
• How to Stop Wage Garnishment — Everything You Need to Know
• New York Garnishment Laws – Overview
• Ohio Garnishment Laws — What They Say
• Wage Garnishment Lawyer
• What Is Wage Garnishment?

How to settle a debt in your state

Debt settlement is one of the most effective ways to resolve a debt and save money. We’ve created a guide on how to settle your debt in all 50 states. Find out how to settle in your state with a simple click and explore other debt settlement resources below.

• How to Settle a Debt in Alabama
• How to Settle a Debt in Alaska
• How to Settle a Debt in Arizona
• How to Settle a Debt in Arkansas
• How to Settle a Debt in California
• How to Settle a Debt in Colorado
• How to Settle a Debt in Delaware
• How to Settle a Debt in Florida
• How to Settle a Debt in Hawaii
• How to Settle a Debt in Idaho
• How to Settle a Debt in Illinois
• How to Settle a Debt in Indiana
• How to Settle a Debt in Iowa
• How to Settle a Debt in Kansas
• How to Settle a Debt in Kentucky
• How to Settle a Debt in Louisiana
• How to Settle a Debt in Maryland
• How to Settle a Debt in Massachusetts
• How to Settle a Debt in Michigan
• How to Settle a Debt in Minnesota
• How to Settle a Debt in Mississippi
• How to Settle a Debt in Missouri
• How to Settle a Debt in Montana
• How to Settle a Debt in Nebraska
• How to Settle a Debt in Nevada
• How to Settle a Debt in New Hampshire
• How to Settle a Debt in New Jersey
• How to Settle a Debt in New Mexico
• How to Settle a Debt in New York
• How to Settle a Debt in North Carolina
• How to Settle a Debt in North Dakota
• How to Settle a Debt in Ohio
• How to Settle a Debt in Oklahoma
• How to Settle a Debt in Oregon
• How to Settle a Debt in Pennsylvania
• How to Settle a Debt in South Carolina
• How to Settle a Debt in South Dakota
• How to Settle a Debt in Tennessee
• How to Settle a Debt in Texas
• How to Settle a Debt in Utah
• How to Settle a Debt in Vermont
• How to Settle a Debt in Virginia
• How to Settle a Debt in West Virginia
• How to Settle a Debt in Wisconsin
• How to Settle a Debt in Wyoming

How to settle with every debt collector

Not sure how to negotiate a debt settlement with a debt collector? We are creating guides to help you know how to start the settlement conversation and increase your chances of coming to an agreement with every debt collector.

• American Express
• Capitol One
• Cavalry SPV
• Midland Funding
• Moore Law Group
• Navy Federal
• NCB Management Services
• Portfolio Recovery

Other debt settlement resources

• Best Debt Settlement Companies
• Can I Settle a Debt After Being Served?
• Can I Still Settle a Debt After Being Served?
• Can You Settle a Warrant in Debt Before Court?
• Debt Management vs. Debt Settlement
• Debt Settlement Pros and Cons
• Debt Settlement Scam
• Do I Need to Hire a Debt Settlement Lawyer?
• Do You Need a Debt Settlement Attorney in Houston Texas?
• Do You Owe Taxes on Settled Debt?
• Here’s a Sample Letter to Collection Agencies to Settle Debt
• How Can I Settle My Credit Card Debt Before Going to Court?
• How Do I Know if a Debt Settlement Company Is Legitimate?
• How Long Does a Lawsuit Take to Settle?
• How Much Do Settlement Companies Charge?
• How I Settled My Credit Card Debt With Discover
• How to Make a Debt Settlement Agreement
• How to Make a Settlement Offer to Navient
• How to Negotiate a Debt Settlement with a Law Firm
• How to send Santander a settlement letter
• How to Settle Debt for Pennies on the Dollar
• How to Settle Debt in 3 Steps
• How to Settle Debt with a Reduced Lump Sum Payment
• How to Settle a Credit Card Debt Lawsuit — Ultimate Guide
• How to Settle Credit Card Debt When a Lawsuit Has Been Filed
• If You Are Using a Debt Relief Agency, Can You Settle Yourself with the Creditor?
• Largest Debt Settlement Companies
• Should I Settle a Collection or Pay in Full?
• Summary of the Equifax Data Breach Settlement
• The Advantages of Pre-Settlement Lawsuit Funding
• The FTC Regulates Debt Settlement Through the Telemarketing Sales Rule
• The Pros and Cons of Debt Settlement
• What Happens if I Reject a Settlement Offer?
• What Happens if You Don't Pay a Debt Settlement?
• What Happens When You Settle a Debt?
• What Is A Debt Settlement Agreement?
• What is Debt Settlement?
• What Percentage Should I Offer to Settle Debt?
• What to Ask for in a Settlement Agreement
• Who Qualifies for Debt Settlement?
• Will Collection Agencies Settle for Less?
• 5 Signs of a Debt Settlement Scam

Personal loan and debt relief reviews

We give a factual review of the following debt consolidation, debt settlement, and loan organizations and companies to help you make an informed decision before you take on a debt.

• Accredited Debt Relief Debt Settlement Reviews
• Advance America Loan Review
• ACE Cash Express Personal Loan Review
• BMG Money Loan Review
• BMO Harris Bank Review: Pros and Cons
• Brite Solutions Debt Settlement Reviews
• Caliber Home Loans Mortgage Review
• Cambridge Debt Consolidation Review
• Campus Debt Solutions Review
• CashNetUSA Review
• Century Debt Settlement Reviews
• ClearPoint Debt Management Review
• Click N Loan Reviews
• CuraDebt Debt Settlement Review
• CuraDebt Reviews: Debt Relief Assistance For California Residents
• Debt Eraser Review
• Debtconsolidation.com Debt Settlement Reviews
• Eagle One Debt Settlement Reviews
• Freedom Debt Relief Debt Settlement Reviews
• Global Holdings Debt Settlement Reviews
• Golden 1 Credit Union Personal Loan Review
• Honda Financial Services Review
• iLending Reviews
• Infinite Law Group Debt Settlement Reviews
• JG Wentworth Debt Settlement Reviews
• LoanMart Reviews
• Mastriani Law Firm Review
• Milestone ® Mastercard ® Review
• ModoLoan Review
• Money Management International Reviews
• M&T Mortgage Company Review
• National Debt Relief Debt Settlement Reviews
• New Era Debt Settlement Reviews
• OppLoans Review
• Pacific Debt Relief Reviews
• Palisade Legal Group Debt Settlement Reviews
• PCG Debt Consolidation Review
• PenFed Auto Loan Review
• Priority Plus Financial Reviews
• Roseland Associates Debt Consolidation Review
• SDCCU Debt Consolidation Review
• Speedy Cash Loans Review
• Symple Lending Reviews
• Tripoint Lending Reviews
• TurboDebt Debt Settlement Reviews
• Turnbull Law Group Debt Settlement Reviews
• United Debt Settlement Reviews
• Upgrade Auto Loans Reviews

How to repair and improve your credit score

Debt has a big impact on your credit. Below is a list of guides on how to repair and improve your credit, even while managing major debt.

• 3 Ways to Repair Your Credit with Debt Collections
• 5 Pros and Cons of Credit Cards & How to Use Them Wisely
• 6 Reasons Your Credit Score Isn't Going Up
• Bankruptcy vs Debt Settlement: Which is Better for Your Credit Score?
• Does Debt Consolidation Hurt Your Credit Score?
• Does Wage Garnishment Affect Credit?
• Guide to Disclosing Income on Your Credit Card Application
• How Long Does It Take to Improve My Credit Score After Debt Settlement?
• How Often Does Merrick Bank Increase Your Credit Limit?
• How to fix your credit to buy a house
• How to Handle Debt and Improve Credit
• How to Raise My Credit Score 40 Points Fast
• If I Settle with a Collection Agency, Will It Hurt My Credit?
• Is 600 a Good Credit Score?
• Obama Credit Card Debt Relief Program – How to Use It
• Sample credit report dispute letter
• Should I Use Credit Journey?
• Understanding myFICO: Your Gateway to Better Credit
• What Does "DLA" Mean on a Credit Report?
• What Is A Good Credit Score For Businesses?
• What is American Credit Acceptance?
• What is CBNA on my credit report?
• What is CreditFresh?
• Who Made the Credit Score?
• Why is THD/CBNA on my credit report?

How to resolve student loan debt

Struggling with student debt? SoloSuit’s got you covered. Below are resources on handling student loan debt.

• Budgeting Strategies for Students: How to Manage Your Finances Wisely
• Can You Go to Jail for Not Paying Student Loans?
• Can You Settle Student Loan Debt?
• Do Student Loans Go Away After 7 Years? (2022 Guide)
• Do You Need a Student Loan Lawyer? (Complete Guide)
• Does Student Debt Die With You?
• How to Manage a Student Debt
• How to Get Rid of Student Loan Debt
• Mandatory Forbearance Request Student Loan Debt Burden
• Negative Economic Effects of Student Loan Debt on the US Economy
• Pros and Cons of Taking a Student Loan
• Regional Adjustment Bureau Student Loans – How to Win
• The Real Impact of Student Debt: How Our Brains Handle It
• Why It's Important to Teach Students How to Manage Debt
• 5 Alternatives to Taking a Student Loan
• 5 Tips for Students: How to Create a Realistic and Effective Budget
• 7 College Financial Planning Tips for Students
• 7 Things to Consider When Taking a Student Loan
• 7 Tips to Manage Your Student Loans

Civil law legal definitions

You can represent yourself in court. Save yourself the time and cost of finding an attorney, and use the following resources to understand legal definitions better and how they may apply to your case.

• Accleration Clause — Definition
• Adjuster - Defined
• Adverse Action — Definition
• Affidavit — A Definition
• Annulment vs. divorce – what's the difference?
• Anticipatory Repudiation — Definition
• Bench Trial — Defined
• Certificate of Debt: A Definition
• Commuted Sentence – Definition
• Constructive Eviction - Defined
• Constructive Discharge - Definition
• Defendant - Definition and Everything You Need to Know
• Demurred – Definition
• Dischargeable - Definition
• Disclosures — Definition
• False Imprisonment Defined
• Good Faith Exception – Definition
• Hearsay — A Definition
• HOEPA – Definition
• Implied Contract – Definition
• Injunctive Relief — A Definition
• Intestate–Defined
• Irrevocable Agreement — Defined
• Joint Custody–Defined
• Litigator — A Definition
• Mediation - Definition
• Medical Malpractice — Definition
• Mistrial — A Definition
• Mitigating Circumstances — Definition
• Motion for Summary Judgment — Definition
• Nolle Prosequi – Definition
• Nunc Pro Tunc — A Definition
• Plaintiff - Definition and Everything You Need to Know
• Pro Se - Defined
• Probable Cause Hearing — Definition
• Restitution – Definition
• Sole Custody-Defined
• Statute of Limitations—Definition and Everything You Need to Know
• Summons—Definition
• Tenancy in Common – Defined
• Time Is of the Essence – Definition
• What Is the Bankruptcy Definition of Consumer Debt?
• Wrongful Termination–Defined

Get answers to these FAQs on debt collection

• Am I Responsible for My Husband's Debts If We Divorce?
• Am I Responsible for My Parent's Debt if I Have Power of Attorney?
• Can a Collection Agency Add Fees on the Debt?
• Can a Collection Agency Charge Interest on a Debt?
• Can a Credit Card Company Sue Me?
• Can a Debt Collector Freeze Your Bank Account?
• Can a Debt Collector Leave a Voicemail?
• Can a Debt Collector Take My Car in California?
• Can a Judgment Creditor Take my Car?
• Can a Process Server Leave a Summons Taped to My Door?
• Can an Eviction Be Reversed?
• Can Credit Card Companies Garnish Your Wages?
• Can Credit Cards Garnish Wages?
• Can Debt Collectors Call From Local Numbers?
• Can Debt Collectors Call You at Work in Texas?
• Can Debt Collectors Call Your Family?
• Can Debt Collectors Leave Voicemails?
• Can I Pay a Debt Before the Court Date?
• Can I Rent an Apartment if I Have Debt in Collection?
• Can I Sue the President for Emotional Distress?
• Can the SCRA Stop a Default Judgment?
• Can the Statute of Limitations be Extended?
• Can You Appeal a Default Judgement?
• Can You Get Unemployment if You Quit?
• Can You Go to Jail for a Payday Loan?
• Can You Go to Jail for Credit Card Debt?
• Can You Negotiate with Westlake Financial?
• Can You Record a Call with a Debt Collector in Your State?
• Can You Serve Someone with a Collections Lawsuit at Their Work?
• Can You Sue Someone Who Has Filed Chapter 7 Bankruptcy?
• Capital One is Suing Me – How Can I Win?
• Debt Snowball vs. Debt Avalanche: Which One Is Apt for You?
• Do 609 Letters Really Work?
• Do Debt Collectors Ever Give Up?
• Do I Have Too Much Debt to Divorce My Spouse?
• Do I Need a Debt Collection Defense Attorney?
• Do I Need a Debt Negotiator?
• Do I Need a Legal Coach?
• Do I Need a Payday Loans Lawyer?
• Does a Living Trust Protect Your Assets from Lawsuits?
• Does Chase Sue for Credit Card Debt?
• Does Debt Consolidation Have Risks?
• Does Midland Funding Show Up to Court?
• How Can I Get Financial Assistance in PA?
• How do Debt Relief Scams Work?
• How Do I Find Out If I Have Any Judgments Against Me?
• How Do I Get Rid of a Judgment Lien on My Property?
• How Do I Register on the Do Not Call List?
• How Does a Flex Loan Work?
• How Does Debt Affect Your Ability to Buy a Home?
• How Does Finwise Bank Work?
• How does Navy Credit debt forgiveness work?
• How Does Payments.tsico Work?
• How Important is it to Protect your Assets from Unexpected Events?
• How is Debt Divided in Divorce?
• How Long Do Creditors Have to Collect a Debt from an Estate?
• How long do debt collectors take to respond to debt validation letters?
• How Long Does a Judgement Last?
• How Long Does a Judgment Last?
• How Long Does a Levy Stay on a Bank Account?
• How Long Does an Eviction Stay on Your Record?
• How Many Calls from a Debt Collector is Considered Harassment?
• How Many Times Can a Judgment Be Renewed in North Carolina?
• How Many Times Can a Judgment be Renewed in Oklahoma?
• How Much Do Collection Agencies Pay for Debt?
• How Much Do You Have to Be in Debt to File Chapter 7?
• How Much Does College Actually Cost?
• How Often Do Credit Card Companies Sue for Non-Payment?
• How Should You Respond to the Theft of Your Identity?
• I am being sued because my identity was stolen - What do I do?
• If a Car is Repossessed Do I Still Owe the Debt?
• Is Debt Forgiveness Taxable?
• Is Freedom Debt Relief a Scam?
• Is it Legal for Debt Collectors to Call Family Members?
• Is it Smart to Consolidate Debt?
• Is LVNV Funding a Legitimate Company? - Them in Court
• Is My Case in the Right Venue?
• Is Portfolio Recovery Associates Legit? — How to Win
• Is Severance Pay Taxable?
• Is SoloSuit Worth It?
• Is Someone with Power of Attorney Responsible for Debt After Death?
• Is the NTB Credit Card Safe?
• Is There a Judgment Against Me Without my Knowledge?
• Is transworld systems legitimate? — How to win in court
• Liquidate–What Does it Mean?
• Litigation Finance: Is it a Good Investment?
• Received a 3-Day Eviction Notice? Here's What To Do
• Should I File Bankruptcy Before or After a Judgment?
• Should I Hire a Civil Litigation Attorney?
• Should I Hire a Civil Rights Lawyer?
• Should I Hire a Litigation Attorney?
• Should I Marry Someone With Debt?
• Should I Pay Off an Old Apartment Debt?
• Should I Send a Demand Letter Before a Lawsuit?
• Should I Use My IRA to Pay Off Credit Card Debt?
• Should You Communicate with a Debt Collector in Writing or by Telephone?
• Should You Invest in Stocks While In Debt?
• Subsidized vs. Unsubsidized Loans: Which is Better?
• The Truth: Should You Never Pay a Debt Collection Agency?
• What are the biggest debt collector companies in the US?
• What are the different types of debt?
• What Bank Is Behind Best Buy's Credit Card?
• What Bank Issues Kohl's Credit Card?
• What Bank Owns Old Navy Credit Card?
• What Credit Bureau does Aqua Finance Use?
• What Credit Bureau Does Truliant Use?
• What Does “Apple Pay Transaction Under Review” Mean?
• What Does a Debt Collector Have to Prove in Court?
• What Does BAC Stand For?
• What does HAFA stand for?
• What Does Payment Deferred Mean?
• What Does Reaffirmation of Debt Mean?
• What Happens After a Motion for Default Is Filed?
• What Happens at a Motion for Summary Judgment Hearing?
• What Happens If a Defendant Does Not Pay a Judgment?
• What Happens If a Process Server Can't Serve You?
• What Happens if a Tenant Wins an Eviction Lawsuit?
• What Happens If Someone Sues You and You Have No Money?
• What Happens If You Avoid Getting Served Court Papers?
• What Happens If You Don’t Pay Speedy Cash?
• What Happens If You Ignore a Debt Collector?
• What Happens If You Never Answer Debt Collectors?
• What Happens When a Debt Is Sold to a Collection Agency
• What Happens When a Debt Is Sold to a Collection Agency?
• What If a Summons Was Served to the Wrong Person?
• What If an Order for Default Was Entered?
• What if I default on an Avant payment?
• What If the Wrong Defendant Is Named in a Lawsuit?
• What Is a Case Number?
• What is a Certificate of Judgment in Ohio?
• What Is a Certificate of Service?
• What Is a Civil Chapter 61 Warrant?
• What is a Civil Litigation Lawyer?
• What Is a Consent Judgment?
• What Is a CPN Number?
• What Is a Debt Brokerage?
• What Is a Debt-to-Sales Ratio?
• What Is a Defamation Lawsuit?
• What is a default judgment?— What do I do?
• What Is a Libel Lawsuit?
• What is a Lien on a House?
• What is a Lien Release on a Car?
• What is a Lien?
• What Is a Motion to Strike?
• What Is a Motion to Suppress?
• What Is a Non-Dischargeable Debt in Tennessee?
• What Is a Nonsuit Without Prejudice?
• What Is a Preliminary Hearing?
• What Is a Reaffirmation Agreement?
• What Is a Request for Dismissal?
• What Is a Rule 3.740 Collections Defense in California?
• What Is a Slander Lawsuit?
• What is a Stipulated Judgment?
• What Is a Warrant in Debt?
• What is ABC Financial Club Charge?
• What is ACS Ed Services?
• What is Advanced Call Center Technologies?
• What is Alimony?
• What Is Allied Interstate's Phone Number?
• What is an Affirmative Defense?
• What Is an Assignment of Debt?
• What Is an Attorney Malpractice Lawsuit?
• What Is an Unlawful Detainer Lawsuit?
• What is Bank of America CashPro?
• What is Bitty Advance?
• What Is Celtic Bank?
• What is Consumer Portfolio Services?
• What Is Credence Resource Management?
• What Is Debt Internment?
• What Is Discover's 60/60 plan?
• What is Evading the Police?
• What Is Extinguishment of Debt?
• What is First Investors Financial Services?
• What is Global Lending Services?
• What is homicide?
• What Is Lexington Law Firm?
• What is LGFCU Personal Loan?
• What is Moral Turpitude?
• What is Online Information Services?
• What is Oportun?
• What Is Service of Process in Texas?
• What is sewer service?
• What Is Summary Judgment?
• What is Synchrony Bank's Hardship Program?
• What Is T-Mobile's Phone Number for Debt Collection?
• What Is the Amount of Money You Still Owe to Their Credit Card Company Called?
• What is the Deadline for a Defendant's Answer to Avoid a Default Judgment?
• What Is the Formula for Calculating Closing Costs?
• What Is the Minimum Amount That a Collection Agency Will Sue For?
• What Is the Phone Number for IQ Data?
• What is the Purpose of the Truth in the Lending Act?
• What is the status of my case?
• What Is the Statute of Limitations on Debt in Washington?
• What is the Telemarketing Sales Rule?
• What is Unsecured Credit Card Debt?
• What is WCTCB?
• What is WFDS?
• What is WUVISAAFT?
• What is Zombie Debt, and How Do I Deal With It?
• What Personal Property Can Be Seized in a Judgment?
• What Should I Do If Crown Asset Management Suing Me?
• What Should I Do If OneMain Financial Is Taking Me to Court?
• What Should You Do if You Can't Pay Your Mortgage?
• What states require a professional licensing number for debt collectors?
• When Does Exeter Finance Repo Cars?
• When Is My Rent Due Legally?
• Where’s My Amended Tax Return?
• Which Bank Does Macy's Credit Card Use?
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What is an Assignment of Debt?

By Vanessa Swain Senior Lawyer

Updated on February 22, 2023 Reading time: 5 minutes

This article meets our strict editorial principles. Our lawyers, experienced writers and legally trained editorial team put every effort into ensuring the information published on our website is accurate. We encourage you to seek independent legal advice. Learn more .

Perfecting Assignment

• Enforcing an Assigned Debt 

Recovery of an Assigned Debt

• Other Considerations 

Key Takeaways

Frequently asked questions.

I t is common for creditors, such as banks and other financiers, to assign their debt to a third party. Usually, an assig nment of debt is done in an effort to minimise the costs of recovery where a debtor has been delinquent for some time. This article looks at:

• what it means to ‘assign a debt’;
• the legal requirements to perfecting an assignment; and
• common problems with enforcing an assigned debt. 

Whether you’re a small business owner or the Chief Financial Officer of an ASX-listed company, one fact remains: your customers need to pay you.

This manual aims to help business owners, financial controllers and credit managers best manage and recover their debt.

An assignment of debt, in simple terms, is an agreement that transfers a debt owed to one entity, to another. A creditor does not need the consent of the debtor to assign a debt.

Once a debt is properly assigned, all rights and responsibilities of the original creditor (the assignor ) transfer to the new owner (the assignee ). Once an assignment of debt has been perfected, the assignee can collect the full amount of the debt owed . This includes interest recoverable under the original contract, as if they were the original creditor. A debtor is still responsible for paying the outstanding debt after an assignment. However, now, the debt or must pay the debt to the assignee rather than the original creditor.

Purchasing debt can be a lucrative business. Creditors will generally sell debt at a loss, for example, 20c for each dollar owed. Although, the amount paid will vary depending on factors such as the age of the debt and the likelihood of recovery. This can be a tax write off for the assignor, while the assignee can take steps to recover 100% of the debt owed. 

In New South Wales, the requirements for a legally binding assignment of debt are set out in the Conveyancing Act :

• the assignment must be in writing. You do this in the form of a deed (deed of assignment) and both the assignor and assignee sign it; and
• the assignor must provide notice to the debtor. The requirement for notice must be express and must be in writing. The assignor must notify the debtor advising them of the debt’ s assign ment and to who it has been assigned. The assignee will send a separate notice to the debtor, putting them on notice that the debt is due and payable. They will also provide them with the necessary information to make payment. 

The assignor must send the notices to the debtor’s last known address.  

Debtor as a Joined Party

In some circumstances, a debtor will be joined as a party to the deed of assignment . There can be a great benefit in this approach . This is because the debtor can provide warranties that the debt is owed and has clear notice of the assignment. However, it is not always practical to do so for a few reasons:

• a debtor may not be on speaking terms with the assignor; 
• a debtor may not be prepared to co-operate or provide appropriate warranties; and
• the assignor or the assignee may not want the debtor to be made aware of the sale price . This occurs particularly where the sale price is at a significant discount.

If the debtor is not a party to the deed of assignment, proper notice of the assignment must be provided.  

An assignment of debt that has not been properly perfected will not constitute a legal debt owing to the assignee. Rather, the legal right to recover the debt will remain with the assignor. Only an equitable interest in the debt will transfer to the assignee.  

Enforcing an Assigned Debt 

After validly assigning a debt (in writing and notice has been provided to the debtor’s last known place of residence), the assignee is entitled to take any legal steps available to them to recover the outstanding debt. These recovery options include:

• commencing court proceedings;
• obtaining a judgment; and 
• enforcement of that judgment.

Suppose court proceedings have been commenced or judgment already entered in favour of the assignor. In that case, the assignee must take steps to have the proceedings or judgment formally changed into the assignee’s name.  

In our experience, recovery of an assigned debt can be problematic because:  

• debtors often do not understand the concept of debt assignment and may not be aware that their credit contract contains an assignment of debt clause;
• disputes can arise as to whether a lawful assignment of debt has arisen. A debtor may claim that the assignor did not provide them with the requisite notice of the assignment, or in some cases, a contract will specifically exclude the creditor from legally assigning a debt;
• proper records of the notice of assignment provided to the debtor must be maintained. If proper records have not been kept, it may be difficult to prove that notice has been properly given, which may invalidate the legal assignment; and
• the debtor has the right to make an offsetting claim in defence to any recovery action taken by the assignee. A debtor may raise an offsetting claim which has arisen out of a previous arrangement with the assignor (which the assignee may not be aware of). For example, the debtor may have entered into an agreement with the assignor whereby the assignor agreed to accept a lesser amount of the debt owed by way of settlement. Because the assignee acquires the same rights and obligations of the assignor, the terms of that previous settlement agreement will bind the assignee. The court may find that there is no debt owing by the debtor. In this case, the assignee will have been assigned nothing of value. 

Other Considerations 

When assigning a debt, it is essential that the assignee, in particular, considers relevant statutory limitation periods for commencing proceedings or enforcing a judgment debt . In New South Wales, the time limit:

• to file legal proceedings to recover debts is six years from the date of last payment or when the debtor admitted in writing that they owed the debt; and
• for enforcing a judgment debt is 12 years from the date of judgment.

An assignment of a debt does not extend these limitation periods.  

While there can be benefits to both the assignor and the assignee, an assignment of debt will be unenforceable if done incorrectly. Therefore, if you are considering assigning or being assigned a debt, it is important to seek legal advice. If you need help with drafting or reviewing a deed of assignment or wish to recover a debt that has been assigned to you, contact LegalVision’s debt recovery lawyers on 1300 544 755 or fill out the form on this page.  

An assignment of debt is an agreement that transfers a debt owed to one entity, to another. A creditor does not need the consent of the debtor to assign a debt.

Once the assignee has validly assigned a debt, they are entitled to take any legal steps available to them to recover the outstanding debt. This includes commencing court proceedings, obtaining a judgment and enforcement of that judgment.

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• Insights & events

Assigning debts and other contractual claims - not as easy as first thought

Harking back to law school, we had a thirst for new black letter law. Section 136 of the Law of the Property Act 1925 kindly obliged. This lays down the conditions which need to be satisfied for an effective legal assignment of a chose in action (such as a debt). We won’t bore you with the detail, but suffice to say that what’s important is that a legal assignment must be in writing and signed by the assignor, must be absolute (i.e. no conditions attached) and crucially that written notice of the assignment must be given to the debtor.

When assigning debts, it’s worth remembering that you can’t legally assign part of a debt – any attempt to do so will take effect as an equitable assignment. The main practical difference between a legal and an equitable assignment is that the assignor will need to be joined in any legal proceedings in relation to the assigned debt (e.g. an attempt to recover that part of the debt).

Recent cases which tell another story

Why bother telling you the above?  Aside from our delight in remembering the joys of debating the merits of legal and equitable assignments (ehem), it’s worth revisiting our textbooks in the context of three recent cases. Although at first blush the statutory conditions for a legal assignment seem quite straightforward, attempts to assign contractual claims such as debts continue to throw up legal disputes:

• In  Sumitomo Mitsui Banking Corp Europe Ltd v Euler Hermes Europe SA (NV) [2019] EWHC 2250 (Comm),  the High Court held that a performance bond issued under a construction contract was not effectively assigned despite the surety acknowledging a notice of assignment of the bond. Sadly, the notice of assignment failed to meet the requirements under the bond instrument that the assignee confirm its acceptance of a provision in the bond that required the employer to repay the surety in the event of an overpayment. This case highlights the importance of ensuring any purported assignment meets any conditions stipulated in the underlying documents.
• In  Promontoria (Henrico) Ltd v Melton [2019] EWHC 2243 (Ch) (26 June 2019) , the High Court held that an assignment of a facility agreement and legal charges was valid, even though the debt assigned had to be identified by considering external evidence. The deed of assignment in question listed the assets subject to assignment, but was illegible to the extent that the debtor’s name could not be deciphered. The court got comfortable that there had been an effective assignment, given the following factors: (i) the lender had notified the borrower of its intention to assign the loan to the assignee; (ii) following the assignment, the lender had made no demand for repayment; (iii) a manager of the assignee had given a statement that the loan had been assigned and the borrower had accepted in evidence that he was aware of the assignment. Fortunately for the assignee, a second notice of assignment - which was invalid because it contained an incorrect date of assignment - did not invalidate the earlier assignment, which was found to be effective. The court took a practical and commercial view of the circumstances, although we recommend ensuring that your assignment documents clearly reflect what the parties intend!
• Finally, in Nicoll v Promontoria (Ram 2) Ltd [2019] EWHC 2410 (Ch),  the High Court held that a notice of assignment of a debt given to a debtor was valid, even though the effective date of assignment stated in the notice could not be verified by the debtor. The case concerned a debt assigned by the Co-op Bank to Promontoria and a joint notice given by assignor and assignee to the debtor that the debt had been assigned “on and with effect from 29 July 2016”. A subsequent statutory demand served by Promontoria on the debtor for the outstanding sums was disputed on the basis that the notice of assignment was invalid because it contained an incorrect date of assignment. Whilst accepting that the documentation was incapable of verifying with certainty the date of assignment, the Court held that the joint notice clearly showed that both parties had agreed that an assignment had taken place and was valid. This decision suggests that mistakes as to the date of assignment in a notice of assignment may not necessarily be fatal, if it is otherwise clear that the debt has been assigned.

The conclusion from the above? Maybe it’s not quite as easy as first thought to get an assignment right. Make sure you follow all of the conditions for a legal assignment according to the underlying contract and ensure your assignment documentation is clear.

Contact our experts for further advice

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Assignment Involves Transfer of Rights to Collect Outstanding Debts

Does the law allow a creditor to sell a debt to someone else, an assignment of debt occurs when a creditor, being a person owed money, transfers the right to collect the debt to another person who then becomes the creditor., understanding what constitutes as a legally binding assignment of creditor rights to collect a debt.

Right to Collect on Debts

Within the decision of Clark v. Werden , 2011 ONCA 619 the Court of Appeal confirmed the existence of the right to transfer debts as an assignment in accordance to the Conveyancing and Law of Property Act , R.S.O. 1990, c. C.34 , which prescribes the various requirements when a creditor transfers ownership of rights involving monies owed, among other things. Specifically, the Court of Appeal stated:

Clark v. Werden , 2011 ONCA 619 at paragraph 13

[13]   The ability to assign a debt or legal chose in action is codified in s. 53 of the  Conveyancing and Law of Property Act , which provides that a debt is assignable subject to the equities between the original debtor and creditor and reads as follows:

53 (1) Any absolute assignment made on or after the 31st day of December, 1897, by writing under the hand of the assignor, not purporting to be by way of charge only, of any debt or other legal chose in action of which express notice in writing has been given to the debtor, trustee or other person from whom the assignor would have been entitled to receive or claim such debt or chose in action is effectual in law, subject to all equities that would have been entitled to priority over the right of the assignee if this section had not been enacted, to pass and transfer the legal right to such debt or chose in action from the date of such notice, and all legal and other remedies for the same, and the power to give a good discharge for the same without the concurrence of the assignor.

Partially Assigned

Interestingly, it should be noted that the statute law refers to an " absolute assignment "; however, such reference is made without fully defining the rights and duties of creditors and assignees in regards to concerns for the partial assignment of a debt.  However, in such circumstances as where a partial assignment of debt occurs, and therefore where there is more one assignee who assumes various rights of the original creditor, the assignee must include all assignees, or the original creditor if the original creditor retained a portion of the debt, when legal action is brought against debtor.  This requirement was stated by the Court of Appeal within the case of DiGuilo v. Boland , 1958 CanLII 92 wherein it was stated:

DiGuilo v. Boland , 1958 CanLII 92

The main reason why an assignee of a part of a debt is required to join all parties interested in the debt in an action to recover the part assigned to him is in my opinion because the Court cannot adjudicate completely and finally without having such parties before it.  The absence of such parties might result in the debtor being subjected to future actions in respect of the same debt, and moreover might result in conflicting decisions being arrived at concerning such debt.

Failed Notice

Of potentially grave concern to creditors, and potentially with great relief to debtors, for an assignee to retain the right to pursue the debtor, express written notice of the assignment is required.  This requirement was stated in 1124980 Ontario Inc. v. Liberty Mutual Insurance Company and Inco Ltd. , 2003 CanLII 45266  as part of the four part test to establish the right to pursue an assigned debt:

1124980 Ontario Inc.  v. Liberty Mutual , 2003 CanLII 45266 at paragraph 44

[44]   Accordingly, for there to be a valid legal assignment under  section 53(1) of the  CLPA , four requirements must be met:

a)  there must be debt or chose in action;

b)  the assignment must be absolute;

c)  the assignment must be written; and

d)  written notice of the assignment must be given to the debtor.

Where there is a failure of notice, and therefore failure to comply with the Conveyancing and Law of Property Act , it is said that the right to assign fails in law; however, relief in equity, via an equitable assignment may be available to an assignee affected by failure of notice.  Generally, in equity, when failure of notice occurs, the assignee is unable, in law, to bring an action in the name of the assignee and may do so only in the name of the creditor; however, even in the absence of proper notice as results in failure of assignment in law, and failure ot enjoin the creditor in an action pursued as an equitable assignment, the court may remain prepared to waive such a requirement whereas such occurred in the matter of  Landmark Vehicle Leasing Corporation v. Mister Twister Inc. , 2015 ONCA 545 wherein it was stated:

Landmark v. Mister Twister , 2015 ONCA 545 at paragraphs 10 to 16

[10]    Section 53(1) requires “ express notice in writing ” to the debtor.  Although there is some ambiguity in her reasons, it would appear that the trial judge found that Mr.  Blazys had express notice of the assignment, but not notice in writing.  Ross Wemp Leasing therefore did not assign the leases to Landmark in law: see  80 Mornelle Properties Inc.  v. Malla Properties Ltd. , 2010 ONCA 850 (CanLII) , 327 D.L.R.  (4th) 361, at para.  22 .  Ross Wemp Leasing did, however, assign the leases to Landmark in equity.  An equitable assignment does not require any notice, let alone written notice:  Bercovitz Estate v. Avigdor , [1961] O.J.  No.  20 (C.A.), at paras.  16, 25.

[11]   The appellants, relying on  DiGuilo v. Boland , 1958 CanLII 92 (ON CA), [1958] O.R.  384 (C.A.), aff’d, [1961] S.C.C.A.  vii, argue that as the appellants did not have written notice of the assignment, Landmark could not sue on its own.  Instead, Landmark had to join Ross Wemp Leasing in the action.  The appellants argue that the failure to join Ross Wemp Leasing requires that the judgment below be set aside.

[12]    DiGuilo does in fact require that the assignor of a chose in action be joined in the assignee’s claim against the debtor when the debtor has not received written notice of the assignment.  The holding in DiGuilo tracks rule 5.03(3) of the  Rules of Civil Procedure , R.R.O.  1990, Reg.  194 : In a proceeding by the assignee of a debt or other chose in action, the assignor shall be joined as a party unless,

(a) the assignment is absolute and not by way of charge only; and

(b) notice in writing has been given to the person liable in respect of the debt or chose in action that it has been assigned to the assignee.  [Emphasis added.]

[13]   Yet the assignee’s failure to join the assignor does not affect the validity of the assignment or necessarily vitiate a judgment obtained by the assignee against the debtor.  Rule 5.03(6) reads:

The court may by order relieve against the requirement of joinder under this rule.

[14]   The joinder requirement is intended to guard the debtor against a possible second action by the assignor and to permit the debtor to pursue any remedies it may have against the assignor without initiating another action:  DiGuilo , at p.  395.  Where the assignee’s failure to join the assignor does not prejudice the debtor, the court may grant the relief in rule 5.03(6) : see  Gentra Canada Investments Inc.  v. Lipson , 2011 ONCA 331 (CanLII), 106 O.R.  (3d) 261, at paras.  59 - 65 , leave to appeal refused, [2011] S.C.C.A.  No.  327.

[15]   In this case, the trial judge found that Mr.  Blazys, and effectively all of the appellants, gained actual notice of the lease assignments very shortly after the assignments were made and well before Landmark sued.  Armed with actual, albeit not written, notice of the assignment, the appellants could fully protect themselves against any prejudice from Landmark’s failure to join Ross Wemp Leasing.  Had the appellants seen any advantage in joining Ross Wemp Leasing, either to defend against Landmark’s claim or to advance a claim against Ross Wemp Leasing, the appellants could have moved for joinder under rule 5.03(4).  The appellants’ failure to bring a motion to add Ross Wemp Leasing speaks loudly to the absence of any prejudice caused by Landmark’s failure to join the assignor.

[16]   Ross Wemp Leasing perhaps should have been a party to the proceeding.  Landmark’s failure to join Ross Wemp Leasing, however, did not prejudice the appellants and should have had no impact on the trial judgment.  If requested, this court will make a  nunc pro tunc order relieving Landmark from the requirement of joining Ross Wemp Leasing in the action.

Summary Comment

The rights to collect on a debt can be sold and transferred from the original creditor to a substitute creditor or assignee who then takes on the rights of the original creditor.  Indeed, the selling and buying of individual debts, or debts within an entire portfolio debts is common within business.  The entire collection services industry is based on the concept of buying outstanding debt and then standing in the shoes of the original creditor and pursuing the payment of the debt.  Other forms of buying and selling debt includes mortgage swaps, among other things.

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Assignment Of Rights Agreement

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What is an assignment of rights agreement.

​​An assignment of rights agreement is a written document in which one party, the assignor, assigns to another party all or part of their rights under an existing contract. The most common example of this would be when someone wants to sell their shares of stock in a company.

When you buy shares from someone else (the seller), they agree to transfer them over and give up any control they had on that share. This way, another party can take ownership without going through the trouble of trying to buy the whole company themselves.

Common Sections in Assignment Of Rights Agreements

Below is a list of common sections included in Assignment Of Rights Agreements. These sections are linked to the below sample agreement for you to explore.

Assignment Of Rights Agreement Sample

Reference : Security Exchange Commission - Edgar Database, EX-99.(H)(7) 5 dex99h7.htm FORM OF ASSIGNMENT AGREEMENT , Viewed December 20, 2021, View Source on SEC .

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Assignment of Debt – What You Need to Know

By aqila zulaiqha zulkifli ~ 23 june 2023.

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Occasionally, to ensure liquidity and to reduce financial risk, a creditor may assign its rights to a debt repayment to another party. Such an arrangement is known as the assignment of debt.

An assignment generally means the transfer of contractual rights and liabilities to a third party without the concurrence of the other party to the contract. [1] The assigning party is known as the assignor, whereas the recipient party is known as the assignee.

Once an assignment occurs, the assignee stands in the exact position as the assignor and has the legal right to a debt, other remedies therein, and even the power to discharge the debt. The debtor must then, make all payments to the assignee, and not the assignor. In fact, if the debtor pays the assignor without the consent of the assignee, the debtor may risk having to pay the assignee all over again. [2]

An assignment of debt is governed by Section 4(3) of the Civil Law Act 1956 (the “Act”) (cited with approval in the Federal Court case of UMW Industries Sdn Bhd v Ah Fook [3] , in which, the elements of a statutory assignment of debt can be summarized as follows:

• the assignment must be in writing under the hand of the assignor (and not, i.e the agent of the assignor);
• the assignment must be absolute and not by way of charge only; and
• the express notice in writing must have been given to the person liable to the assignor (i.e the debtor).

The effect of a statutory assignment is that the assignee possesses the legal right to the debt and the right to sue the debtor in respect of the debt without needing to join the assignor. [4]

However, rest assured, an assignment that is not in compliance with Section 4(3) of the Act is not automatically invalid. A non-statutory assignment could still be valid in equity [5] , though the assignee would have to join the assignor in the proceeding, either as a plaintiff or defendant [6] . This is to ensure a just disposal of the action, by ensuring that all relevant parties are before the Court so that the assignor would not make a claim against the debtor in respect of the same debt.

As such, in conclusion, before accepting an assignment of debt, it is prudent for an assignee to ensure that the elements in Section 4(3) of the Act abovementioned are fulfilled. If the assignment is meant to be absolute, such terms should be clearly reflected in the deed of assignment, or the assignee runs the risk of being crippled in a legal proceeding to recover the debt in the absence of the assignor.

[1] United General Insurance Co Sdn Bhd v Progress Credit Sdn Bhd [1988] 2 MLJ 297

[2] malayawata steel berhad v government of malaysia & anor [1980] 2 mlj 103, [3] [1996] 1 mlj 365, [4] mbf factors sdn bhd v tay hing ju (t/a new general trading) [2002] 5 mlj 536, [5] khaw poh chhuan v ng gaik peng & ors [1996] 1 mlj 761 (fc), [6] chan min swee v melawangi sdn bhd [2000] 7 clj 1.

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What is an Assignment of Debt?

By Sej Lamba

Updated on 26 February 2024 Reading time: 5 minutes

This article meets our strict editorial principles. Our lawyers, experienced writers and legally trained editorial team put every effort into ensuring the information published on our website is accurate. We encourage you to seek independent legal advice. Learn more .

When Could an Assignment of Debt Happen?

Key issues on assignment of debt, drafting the correct documentation, giving notice, key takeaways.

Debts are increasingly common in today’s financial climate, and unfortunately, many people struggle to repay what they owe. Debts owed can be sold to third parties and a lot of companies in the UK purchase debts. However, this can be complicated as specific legal formalities apply when assigning debts. This article will explain some of the critical issues around the assignment of debt. 

Debt collection can be a complex process. There are various reasons as to why debt is assigned. For example, a company owed debt may want to avoid putting in time and effort to chase it or want to take legal action to recover it. 

To picture a scenario, imagine this:

• Joe Bloggs gets a brand-new shiny credit card. Joe purchases lots of nice things for his family with the credit card. Usually, he can keep up with payments as he keeps track of them and earns enough to pay them back;
• suddenly, Joe has an injury and cannot work anymore. He has to give up his job and now can’t afford to pay the credit card company back;
• Joe ignores various letters chasing the debt and hopes the problem will disappear. Ultimately, after months, the credit card company gives up and sells Joe’s debt to a debt collection agency.  

So, in summary – after the debt sale, Joe now owes money to a different company. 

In practice, debt assignments can be complex, and the parties must follow the relevant legal rules and draft the correct documentation.

An assignment of debt essentially transfers the debt from one party (the assignor) to a third party (an assignee). 

In practice, this will mean the original debtor (e.g. Joe Bloggs) will now owe the debt to a new third-party creditor (e.g. the debt collection business). Therefore, in the scenario above, Joe must now repay the debt to the third-party debt collection business.

This process can be complex. There have been several legal cases in the courts where this process has given rise to disputes.

There are two different types of assignment of debt – a legal assignment of debt and an equitable assignment of debt. 

In simple terms:

• a legal assignment of debt will transfer the right for enforcement of the debt; and
• an equitable assignment of debt will transfer only the benefit of the debt without the right to enforce it. 

Let us explore each type below.

Legal Assignment of Debt 

If the assignment complies with specific legal requirements under the Law of Property Act 1925, it will be a ‘legal assignment’. This means that the assignee will be the new owner of the debt. 

A legal assignment requires various formalities to be effective. For example, it must:

• be in writing and signed by the assignor;
• the debtor must be given written notice of the assignment;
• be absolute with no conditions attached to it;
• relate to the whole of the debt and not just part of it; and
• not be a charge.

After the transfer of the debt, the assignor can sue the debtor in its own name. 

Equitable Assignment of Debt

It is also possible to have an equitable debt transfer – the requirements for this are much less strict. For example, this can be done informally by the assignor informing the assignee that the rights are transferred to them. 

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For an equitable assignment, giving notice is not essential, but still always highly advisable. 

Where an equitable assignment is made, the assignee won’t have the right to pursue court action for the debt. In this case, the assignee will have to join forces with the assignor to sue for the debt to sue for the debt. 

The debtor should receive notice of any debt transfer so they know to whom the money is owed. Following notice, the new debt owner can pursue the debt owed. 

A legal assignment is the best option for an assignee of debt – this will give them full rights to enforce the debt. 

Assignments of debts can be very complex. For a legal assignment of debt, you need to follow various formalities. Otherwise, it may be unenforceable and lead to disputes. If you need help executing a debt assignment correctly, you should seek legal advice from an experienced lawyer.

If you need help with an assignment of debt, LegalVision’s experienced business lawyers can assist as part of our LegalVision membership. You will have unlimited access to lawyers to answer your questions and draft and review your documents for a low monthly fee. Call us today on 0808 196 8584 or visit our membership page .

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English law assignments of part of a debt: Practical considerations

United Kingdom |  Publication |  December 2019

Enforcing partially assigned debts against the debtor

The increase of supply chain finance has driven an increased interest in parties considering the sale and purchase of parts of debts (as opposed to purchasing debts in their entirety).

While under English law part of a debt can be assigned, there is a general requirement that the relevant assignee joins the assignor to any proceedings against the debtor, which potentially impedes the assignee’s ability to enforce against the debtor efficiently.

This note considers whether this requirement may be dispensed with in certain circumstances.

Can you assign part of a debt?

Under English law, the beneficial ownership of part of a debt can be assigned, although the legal ownership cannot. 1  This means that an assignment of part of a debt will take effect as an equitable assignment instead of a legal assignment.

Joining the assignor to proceedings against the debtor

While both equitable and legal assignments are capable of removing the assigned asset from the insolvency estate of the assignor, failure to obtain a legal assignment and relying solely on an equitable assignment may require the assignee to join the relevant assignor as a party to any enforcement action against the debtor.

An assignee of part of a debt will want to be able to sue a debtor in its own name and, if it is required to join the assignor to proceedings against the debtor, this could add additional costs and delays if the assignor was unwilling to cooperate. 2

Kapoor v National Westminster Bank plc

English courts have, in recent years, been pragmatic in allowing an assignee of part of a debt to sue the debtor in its own name without the cooperation of the assignor.

In Charnesh Kapoor v National Westminster Bank plc, Kian Seng Tan 3 the court held that an equitable assignee of part of a debt is entitled in its own right and name to bring proceedings for the assigned debt. The equitable assignee will usually be required to join the assignor to the proceedings in order to ensure that the debtor is not exposed to double recovery, but the requirement is a procedural one that can be dispensed with by the court.

The reason for the requirement that an equitable assignee joins the assignor to proceedings against the debtor is not that the assignee has no right which it can assert independently, but that the debtor ought to be protected from the possibility of any further claim by the assignor who should therefore be bound by the judgment.

Application of Kapoor

It is a common feature of supply chain finance transactions that the assigned debt (or part of the debt) is supported by an independent payment undertaking. Such independent payment undertaking makes it clear that the debtor cannot raise defences and that it is required to pay the relevant debt (or part of a debt) without set-off or counterclaim. In respect of an assignee of part of an independent payment undertaking which is not disputed and has itself been equitably assigned to the assignee, we believe that there are good grounds that an English court would accept that the assignee is allowed to pursue an action directly against the debtor without needing the assignor to be joined, as this is likely to be a matter of procedure only, not substance.

This analysis is limited to English law and does not consider the laws of any other jurisdiction.

Notwithstanding the helpful clarifications summarised in Kapoor, as many receivables financing transactions involve a number of cross-border elements, assignees should continue to consider the effect of the laws (and, potentially court procedures) of any other relevant jurisdictions on the assignment of part of a debt even where the sale of such partial debt is completed under English law.

Legal title cannot be assigned in respect of part of a debt. A partial assignment would not satisfy the requirements for a legal assignment of section 136 of the Law of Property Act 1925.

If an assignor does not consent to being joined as a plaintiff in proceedings against the debtor it would be necessary to join the assignor as a co-defendant. However, where an assignor has gone into administration or liquidation, there may be a statutory prohibition on joining such assignor as a co-defendant (without the leave of the court or in certain circumstances the consent of the administrator).

[2011] EWCA Civ 1083

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Assignment of debts, statutory demands and offsetting claims

It is not uncommon for a creditor (assignor) to transfer their right to receive payment of a debt (assignment) to a third party (assignee). The assignee will then seek payment from the debtor.

The assignee of the debt can issue to the debtor company a statutory demand for the payment of the debt if the debt exceeds the statutory minimum, which is currently $2,000.

For the assignee issuing the statutory demand, there will be threshold issues as to whether notice of the assignment has been given to the debtor and whether appropriate details of the assignment are contained in the statutory demand.

Assignee has the same rights and obligations as the assignor

The assignee of the debt takes the assignment subject to the rights and obligations of the assignor.

This was demonstrated in the recent decision of Mascarene Pty Ltd v Slater [2016] VSC 395 relating to a building dispute.

In Mascarene a judgment debt was assigned and the assignee issued a statutory demand.

The Court held that the assignee was not prevented from seeking payment of interest as it had the same rights as the assignor, as if the assignment had not taken place.

However, the assignee also took the assignment subject to the obligations that would have applied to the assignor in respect of the debt.

In seeking to set aside the statutory demand the debtor company claimed it had an offsetting claim against the assignor for reinstatement costs relating to building works.

Although the assignee was not a party to the building contract and not personally liable for the reinstatement costs, the debtor company was successful in claiming the setoff and reducing the amount of the statutory demand by the amount of the reinstatement costs.

It is clear that an offsetting claim cannot be sidestepped by assigning the debt.

The assignee of a debt receives the benefit of the debt subject to the rights of the assignor but also subject to the assignor’s obligations in respect of the debt.

A statutory demand can be issued in respect of an assigned debt however the assignment does not prevent the debtor company from disputing the existence or amount of the alleged debt or seeking to raise an offsetting claim.

If you would like more information about these issues, please contact Graham Roberts on +61 7 3231 2404.

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PROJECT JURISPRUDENCE

Effect of assignment of rights in compensation.

ART. 1285. The debtor who has consented to the assignment of rights made by a creditor in favor of a third person, cannot set up against the assignee the compensation which would pertain to him against the assignor, unless the assignor was notified by the debtor at the time he gave his consent, that he reserved his right to the compensation. If the creditor communicated the cession to him but the debtor did not consent thereto, the latter may set up the compensation of debts previous to the cession, but not of subsequent ones. If the assignment is made without the knowledge of the debtor, he may set up the compensation of all credits prior to the same and also later ones until he had knowledge of the assignment. (1198a)

If the assignment is with debtor's knowledge but did not give his consent , the debtor may set up compensation of debts previous to the assignment but not of subsequent ones. The amendment of the second paragraph of Article 1285 has been proposed in such a way as to make the determining point of time not the act of cession itself but the receipt of the notice of the cession, as this is more in consonance with the rule stated in Article 1626.[1][2]

If the assignment is without the knowledge of the debtor , the debtor may set up compensation of all credits prior and also later to the assignment until he had knowledge of the assignment

[1] J.B.L. Reyes, Observation on the New Civil Code, XVI L.J., p. 49, Jan. 31, 1951.

[2] De Leon. (2014). Obligations and Contracts.

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IRS Tax Tip 2024-39 April 26, 2024

Tax fairness means the tax system is equitable to all citizens. The right to a fair and just tax system is one of 10 rights in the Taxpayer Bill of Rights , which clearly outlines the fundamental rights of every taxpayer.

Here's what the IRS wants all taxpayers to know about what this right means:

• Taxpayers have the right to expect the tax system to consider facts and circumstances that might affect their underlying liabilities, ability to pay or ability to provide information timely.
• Taxpayers have the right to receive assistance from the Taxpayer Advocate Service if they're experiencing financial difficulty resolving their tax issues properly and timely through normal IRS channels.
• Taxpayers who cannot pay their tax debt in full and meet certain conditions can arrange a payment plan with the IRS . This means the taxpayer will pay a set amount over time, generally monthly.
• Believe they don't owe all or part of the tax debt.
• Are unable to pay all the tax debt within the time permitted by law to collect.
• Have factors such as equity, hardship or public policy they think the IRS should consider in determining whether to settle the liability.
• The IRS has a list of national and local guidelines covering the basic costs of living that it uses when considering a settlement offer reducing someone's tax debt. IRS employees cannot use these guidelines if they would result in the taxpayer not having enough money to pay their basic living expenses. In these cases, the IRS will use the taxpayer's actual expenses.
• The IRS cannot seize all of someone's wages to collect their unpaid tax. A portion is exempt from levy to allow the taxpayer to pay basic living expenses.
• The IRS has the authority to decrease an excessive unpaid portion of any tax or liability assessed after the statutory period of limitations has expired or is erroneously or illegally assessed.
• The IRS has the discretion to decrease interest on an underpayment when an IRS employee caused an unreasonable delay or error and when no significant aspect of the error is attributed to the taxpayer.

More information

• Publication 1, Your Rights as a Taxpayer
• Taxpayer Advocate Service

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‘Infested’ Review: Effective French Chiller Unleashes Spiders on a Parisian Housing Project

French director Sebastien Vanicek’s very accomplished creature feature debut has already won him the plum assignment of a next 'Evil Dead' entry. 

By Dennis Harvey

Dennis Harvey

Film Critic

• ‘Infested’ Review: Effective French Chiller Unleashes Spiders on a Parisian Housing Project 2 hours ago
• ‘Hard Miles’ Review: Matthew Modine Stars in a Scenic Cycle Through the West 1 week ago
• ‘Damaged’ Review: Samuel L. Jackson and Vincent Cassel Headline a Slick but Tepid Serial Killer Thriller 2 weeks ago

In an odd quirk of distribution timing, this month has seen the arrival of no less than two imported, semi-comedic thrillers featuring decrepit apartment building invaded by giant spiders. Already playing U.S. theaters is the Australian “Sting,” which is fun, if formulaic. In a whole other class, however, is French “Infested,” a first feature by director Sebastien Vanicek following several impressive shorts. An instant minor genre classic, it is fun and then some — a conceptually unremarkable but resourceful, energetic, stylish and good-humored creature feature with above-average human character interest. 

A prologue finds several Arabic men methodically searching for something just beneath the desert floor. When it is found, one of them gets bitten, and is unceremoniously offed by his companions as they gather multiple specimens to ship overseas. Somehow one of those arachnids ends up in the backroom of a cluttered Paris store, where it is spied by Kaleb (Theo Christine), whose many hustles include collecting and selling exotic species. He takes it back to the apartment in a run-down suburban public housing project that he shares with sister Manon (Lisa Nyarko). They’re at each other’s throats, not least because she hopes to refurbish and sell the flat inherited from their late mother, while he has no intention of leaving.

Their squabbling hardly makes a stir here, in a boisterous environ of myriad ethnicities and immigrant nationalities crammed into a building whose crumbling infrastructure is much complained about but never repaired. Soon, however, there will be something far worse for everyone to worry about: Kaleb’s exotic new acquisition (whom he dubs “Rihanna”) turns out to be an apex predator. It wastes little time getting loose, then hatching offspring who rapidly expand in size and number, a population boom in which the two-legged tenants play a helpless, grisly role. By the time Kaleb and his peers realize what’s going on, escape is near-impossible — police have sealed off the building for quarantine. 

Vanicek has said he conceived the film in part to counter the usual screen image of banlieue housing complexes as hubs for nothing but gangs, drugs and crime. While those ills exist, his own life experience underlined how they also sustain complex multicultural communities that despite all problems are largely harmonious and functional. There’s a fond humor to “Infested’s” portrait of one such microcosm, with people of African, Middle Eastern, Asian and other backgrounds getting along in argumentative yet neighborly style. The sourest note is struck by one firmly xenophobic white male resident (Emmanuel Bonami) who’s convinced everyone else is a drug kingpin.

Christine immediately wins us over with his motormouthed protagonist, and the other leads are equally likable. Vanicek has an almost Preston Sturges-like knack for whipping his ensemble into amusing frenzies of verbal combat. When the astute, urgent editorial pace stops at one later point to allow a moment of collective grief, it’s a measure of this “monster bug” movie’s heart that the tearful pause is actually rather touching. 

Still, the main attraction here is seeing a large human habitat turn into a giant icky spider web, and “Infested” certainly works on that visceral level of creepy-crawly dread, panic and recoil. There are scary, hairy set-pieces, notably one with Lila trapped in a shower stall, then a perilous group walk down a basement corridor. 

Throughout, the director and his collaborators maintain a taut balance between comedy, character, suspense and thrills, with first-rate contributions on presumably modest means from all tech and design departments. Creature effects are sharp and plentiful, yet kept judiciously brief. There’s atmospheric tension to spare in Alexandre Jamin’s cinematography and Arnaud Bouniort’s production design. A giddily nerve-jangling overall effect is nicely heightened by Douglas Cavanna and Xavier Caux’s original score, plus a few choice Gallic hip-hop tracks. 

If the story’s last act in a parking garage is arguably a bit anticlimactic after preceding events, “Infested” remains a smart treat for horror buffs, its tonal control capped by an unexpectedly low-key yet perfect fadeout.

Reviewed online, April 22, 2024. Running time: 106 MIN. (Original title: “Vermines”)

• Production: (France) A Shudder release of a My Box Films production, in co-production with Tandem, in association with Netflix, France Televisions, Centre National du Cinema et de l’Image Animée, Impact Film, Cinécap 6, Cineaxe 5, Cofimage 34, SG Image 2022, Indiefilms 12. Producer: Harry Tordjman. 
• Crew: Director: Sebastien Vanicek. Screenplay: Florent Bernard, Sebastien Vanicek, from an idea by Vanicek. Camera: Alexandre Jamin. Editors: Nassim Gordji Tehrani, Thomas Fernandez. Music: Douglas Cavanna, Xavier Caux.
• With: Theo Christine, Sofia Lesaffre, Jerome Niel, Lisa Nyarko, Finnegan Oldfield, Marie-Philomene Nga, Mahamadou Sangare, Abdallah Moundy, Ike Zacsongo-Joseph, Emmanuel Bonami, Xing Xing Cheng, Samir Nait, Malik Amraoui. 

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Why now is a great time to consider debt relief

By Joshua Rodriguez

Edited By Matt Richardson

April 24, 2024 / 1:44 PM EDT / CBS News

Debt is often stressful. After all, life comes with plenty of expenses. And when you use credit to address those expenses, they typically become larger as a result of interest and finance charges. If left unchecked, growing debt can lead to financial hardship . That's especially true in today's economic environment, in which high interest rates have become the norm. 

But, you don't have to deal with mounting debt forever. Debt relief services may be able to help by negotiating better interest rates or even lower principal balances with your lenders on your behalf. Not only could these services reduce the time it takes you to pay off your debt and save you money in the long run, they may be able to reduce your minimum payment obligations .

And now is a great time to get started. With prices rising and elevated interest rates making debts more expensive, a debt relief service may be able to help you find financial stability in today's inflationary environment. 

Find out how much relief a debt relief service can provide now . 

Some major reasons why now is a great time to consider debt relief are as follows. 

Inflation is still elevated

Inflation reports came in hot for the first three months of 2024. And that means prices are rising fast. Whether you're buying food or gas, or even paying rent, chances are that the amount of money you need to cover your expenses today is quite a bit higher than the amount of money you needed to cover them a few years ago. 

That can make debt more difficult to deal with. 

After all, higher prices for housing and consumer goods and services leave less money in your budget for addressing your debts. But, a debt relief service may be able to help cut the cost of your debts - making it easier for you to absorb higher costs elsewhere. 

Get in touch with a debt relief expert to make your debts more affordable now . 

Interest rate hikes have caused borrowing to become more expensive

Following the height of the pandemic, the Federal Reserve increased its federal funds rate target several times, pushing it to a 23-year high . And that high benchmark rate still stands today. That's important as the federal funds rate target is often used as a benchmark for consumer interest rates. 

As a result, the interest rates on your debts may be higher today than they were just a couple of years ago. That also means you may be  dealing with higher minimum payments . 

The good news is that a debt relief service may be able to negotiate better interest rates and payment terms on your behalf, bringing the cost of your debt down. 

The future of inflation and interest rate cuts is unknown

Late last year, many signs were pointing to rate cuts in 2024 . But, with recent inflation reports coming in hotter than expected, the prospect of a rate cut in 2024 is becoming unclear . In fact, if inflation continues on an upward trajectory, rates could increase - driving the cost of debt even higher.  

"During higher inflationary times, interest rates usually adjust and that likely means your interest rate is going to go up," explains Dawn-Marie Joseph, founder of the financial planning firm, Estate Planning & Preservation. "In some cases, this may cause your debt to cost more." That's especially true in the case of unsecured debts with variable interest rates like credit cards.

But debt relief may be able to help. "When you get a debt relief program, your interest rate is usually set at the time you start the program," says Joseph. "This could end up saving you quite a bit of money in the long run, especially if interest rates go up."

You may have back taxes to deal with, too

The April 15 tax deadline recently passed, and with its passing comes a new financial concern for many. That concern is tax debt . If you have tax debt to deal with on top of your personal debt, juggling the two can be challenging. So, it may be wise to reach out to a debt relief service to ease the financial burden your debts cause as soon as possible. 

It's worth noting that tax relief providers can help you with tax debt while traditional debt relief services can help you with credit card and other personal debts. So, it may be worthwhile to seek relief from both.

The bottom line

As inflation continues to send prices for everything from gas to food to rent higher, personal debts are becoming more difficult to deal with for many. And, with no clear signs of rate reductions in the near future, today's economic environment can be concerning for borrowers. That's especially true if you recently found out you have tax debt to deal with on top of your personal debts. The good news is that debt relief services can help. Reach out to one now to find out how much relief they can provide . 

Joshua Rodriguez is a personal finance and investing writer with a passion for his craft. When he's not working, he enjoys time with his wife, two kids, two dogs and two ducks.

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In Sickness and in Debt: The Right to Health

50% of Pakistanis Do Not Have Access to Basic Primary Healthcare Services, and Approximately 42% Have No Access to Health Coverage

@saroopijaz

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Muhammad Boota, a domestic worker in Lahore, requires an insulin injection every 10 days to help manage his diabetes. But just one of these injections costs about one-third of his meagre monthly salary.

As with millions of Pakistanis with health conditions, the only thing that keeps food on his table and a roof over his head is unreliable charitable assistance to help pay for an unaffordable medicine that he cannot live without. His story is just one of so many examples of Pakistan’s severe healthcare crisis and one of so many reasons why the government needs to change course to ensure every Pakistani’s human right to the highest attainable standard of health.

According to the Pakistani nongovernmental healthcare organization, Sehat Kahani, more than 50 per cent of Pakistanis do not have access to basic primary healthcare services, and approximately 42 per cent have no access to health coverage. But recent government policy changes will most likely make this worse. In February, the cabinet increased the prices of 146 essential medicines, placing many of them even further out of the reach of people with lower incomes.

One key reason for the abysmal state of health care in Pakistan is the lack of government funding. According to 2021 figures, Pakistan’s government spends the equivalent of only 0.84 per cent of its GDP on healthcare – down from 0.94 per cent in 2019 and less than one-third of the average among other lower-middle-income countries (2.62 per cent). While public healthcare spending is not a sufficient condition for ensuring the right to health, adequate spending is a necessary one.

In its recent report, 'Global Failures on Healthcare Funding', Human Rights Watch analyzed 20 years of global healthcare expenditure data from the World Health Organization (WHO), looking at global and national trends. The researchers focused on how much both governments and private households spend on healthcare, the impact of out-of-pocket spending on the right to health, and how countries can shift this balance to improve access to healthcare through increased funding.

The Human Rights Watch analysis shows that in 2021, the most recent year for which data is available, most governments did not spend more than 5.0 per cent of their GDP or 15 per cent of their national budget on healthcare. These are two important and common benchmarks for assessing whether countries are on track to ensure universal health coverage, a goal distinct from but grounded in the human right to universally accessible health care derived from the International Covenant on Economic, Social and Cultural Rights.

While the world lagged behind these important spending targets, Pakistan lagged even further. In 2021, out of 189 countries, Pakistan came in at number 176 on the amount of money the government spent on healthcare when measured relative to the size of its economy, and 170 when measured relative to the size of its national budget. Put simply, the government has not made funding healthcare a priority.

Many countries that spent the most on healthcare that year were high-income countries. But many governments from less wealthy countries prioritized funding healthcare. Cuba, for example, reported spending the equivalent of 12.6 per cent of its GDP on healthcare in 2021. Bolivia, a lower-middle-income country like Pakistan, met both spending benchmarks in 2021.

When governments do not fund healthcare, individuals and households are left to shoulder the burden. In 2021, more than 57 per cent of Pakistan’s healthcare spending was borne by patients and families through out-of-pocket costs like Boota’s insulin bill. Reliance on out-of-pocket payments can increase inequalities in healthcare, widening gaps in quality of life and life expectancy instead of ensuring the availability, accessibility, and quality of healthcare.

Pakistan’s present healthcare crisis is situated in a larger context of soaring poverty, inflation, and unemployment, as the country faces one of the worst economic crises in its history. The situation is jeopardizing millions of people’s human rights, including their rights to health, food, and housing.

But at least a quarter of Pakistan’s population was living below the national poverty line well before this crisis. The World Food Programme estimated that in 2018, 21 per cent of Pakistan’s population was undernourished and 44 per cent of children under the age of five had stunted growth. The Asian Development Bank reported that for every 1,000 children born in Pakistan in 2020, 65 would die before their fifth birthday. Almost 25 per cent of the population did not have access to electricity in 2020.

Pakistan is also among the countries most vulnerable to climate change. It faces rates of warming considerably above the global average and most likely more frequent and intense extreme climate events. These events are particularly threatening for economically and socially marginalized populations, including older people, people with disabilities, and people living in poverty and rural areas.

The Pakistani government has begun the latest round of negotiations with the International Monetary Fund (IMF) over a multi-billion-dollar, three-year programme to ward off an economic meltdown. Acute shortages of foreign currency last year meant that many imports, including essential medicines, were scarce or unobtainable.

Servicing debt is a major impediment to governments’ investment in health care. Human Rights Watch found that Pakistan paid about seven times more per person to service its external public debts than it did on health care in 2021. The IMF and credit ratings agencies estimate that interest payments on its debt will consume between 50-60 per cent of the government's revenues this year – the worst ratio of any comparable economy in the world.

Creditor governments and institutions such as the IMF should assess the impact of debt payments on the ability of governments to meet their human rights obligations, including the right to health, and consider debt restructuring or relief to ensure that countries such as Pakistan can adequately protect their rights.

But funding alone is not enough. Pakistan’s lack of investment in healthcare mirrors a lack of political will by the authorities to address the issue. Pakistan does not have a constitutionally protected right to healthcare. The country's constitution mentions that the state shall provide “medical relief” in its “Principles of Policy” chapter, but these principles are unenforceable, aspirational objectives. Even the “medical relief” objective is restricted to citizens who cannot earn a living because of infirmity, sickness, or unemployment.

Pakistan should urgently recognize the right to healthcare in line with international standards. The country's authorities need to realize that upholding the right to health for its people is not optional.

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