Expert: Jason Shear, Esq. - 6/11/2009

Question
Hello:

I was sued by from what I understand is a debt buyer.  They are represented by a debt collection lawfirm out of NYC.  I filed a general denial.  I later did some research including looking at your previous answers and found out that "debt buyers" have to prove they own the account they are suing on.

I then requested proof from this collection law firm that their client owns my account.  Then about 2 months later they sent me a photocopy of a "bill of sale" to them from another collection agency.  Should I pay them now?  Is this sufficient proof according to the NY law?
Thanks for your help.  I live in New York State.


Answer
Mike:

Good question.  No, this is not sufficient proof.  The debt buyer can not merely show that it received an assignment of the account, if the assignor was not the original creditor.  This agency suing you must show a continuous, unbroken chain of assignments from the alleged original creditor to the debt buyer collecting on the debt.

At each link in the chain of ownership, the collection agency that has bought a debt must be identical to the entity that then assigns it to the next collection agency in the chain.  Affidavits from employees of the debt buyer is insufficient regarding the assignment.
This collection agency suing you must submit actual contracts of assignment identifying the accounts at issue, with proper authentication of those accounts using affidavits.  

Lastly, this collection firm must show that one of the many accounts this debt buyer has purchased is your specific account or another words, the specific account at issue in the lawsuit.

Hope this gets you on the right track.  If you have any questions, please do not hesitate to call.

Jason Shear, Esq.
Attorney at Law
Admitted in NY & NJ
(716) 566-8988


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