If you signed something that stated you were obligated to pay, say monies on items that were not returned (for instance rental movies), but on this paper that you signed it says nothing about you agreeing to pay anything to anyone (i.e. assignor) except the creditor, (because the word assignors or any definition were not named specifically) can you hold the CA to that and make them turn it back over to the original creditor and stop reporting it? I read the FDCPA but can't see it in there... Help! I know you guys see things there that I can't.
I found this, which doesn't look too good. Oregon law - 697.045 Status of accounts and claims assigned to agency; rights of assignor; registration as condition of access to courts. (1) A registered collection agency has a property right in any claim or account assigned to the agency in writing for collection. Except as may be otherwise provided in writing between the assignor of the claim or account and the registered collection agency, the registered collection agency as assignee of the claim or account, in its own name, may: (a) Collect the claim or account; (b) Compromise or accept settlement of the claim or account; (c) Bring and maintain a civil suit or action to recover the amount owing from the claim or account; and (d) With prior written approval of the assignor, transfer or forward the claim or account to another collection agency for collection. (2) Except as may be otherwise provided in writing between the assignor of the claim or account and the registered collection agency, the assignor may withdraw the claim or account from the agency at any time without condition or charge. (3) No collection agency is entitled to bring or maintain any civil suit or action involving the collection of a claim or account on behalf of its customers in any courts of this state without alleging and proving that it is duly registered under ORS 697.015 and 697.031. A registration certificate or a certification of registration by the Director of the Department of Consumer and Business Services for any designated time period shall be received by the court as prima facie evidence of the collection agencyâ??s registration for the time period designated. [1981 c.85 §7] I am also reading that: (n) Collect or attempt to collect any interest or any other charges or fees in excess of the actual debt unless they are expressly authorized by the agreement creating the debt or expressly allowed by law. Is it misinterpreted that a third party collector cannot collect on an assigned debt when in fact they can - they just can't collect on anthing OTHER than the assigned debt unless the debtor signed an agreement with the creditor?
