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Maverick
Maverick, Attorney
Category: Business Law
Satisfied Customers: 5800
Experience:  20 years of professional experience
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I need case law for Assignment and their requirements, Specifically

Resolved Question:

I need case law for Assignment and their requirements, Specifically does the assignment need to be recent. And does it need to be for the account being sued upon. I need the case laws that support these.
Submitted: 5 years ago.
Category: Business Law
Expert:  Maverick replied 5 years ago.

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Can you please give us a little more background information so we can better assist you?

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Customer: replied 5 years ago.
I am being sued for non payment over a bill. They have sent this bill to a collection agency we are far into discovery I have asked for them to prove the assignment the attorney for the Collection agency sent a assignment paper between them and the original creditor from 10 years ago Ive been reading that the assignment needs to be recent and specific i am not sure if this is true. The supposed contract they are suing over is just a simple Patient fee agreement that says I agree to pay there is no consideration on it for me as far as what I will pay in amounts or how or when payment will happen. I have asked for bills and dates of service but all the collection agency will send is a account statement and tells me in their discovery that they are not the original creditor and don't need to send me bills. They have recently files for summary judgment off an affirmation from the original creditor.
Expert:  Maverick replied 5 years ago.

Do you have a lawyer?

 

Have you plead the statute of limitations as a defense? Under Utah law they would have had a max of 6 years to file suit from the date of last payment on the account.

 

 

Customer: replied 5 years ago.
The account dates start on March 17 2006 they would be within the statue as far as the account. But that is my argument to the assignment the assignment papers they sent in discovery were from years before they would have even bought my account. Oh just for a kicker when i asked for the amount they payed for the account the response was we didn't.
Expert:  Maverick replied 5 years ago.

But that is my argument to the assignment the assignment papers they sent in discovery were from years before they would have even bought my account.

 

I not sure I follow what you are saying above.

 

The assignment date should match the date they bought the account as thats what usually happens in an assignment.

 

The fact that they may not have paid anything for the assignment (i.e right to collect under the original debt is not unusual either because they may have an clause in the assignment agreement that says they get to keep X % of what they collect when and if they collect.

 

The assignment date really has nothing to do with whether the underlying debt is valid. What you need to know is the date of alleged service and the first time you defaulted on paying under the terms of the contract. So, if you had an office visit and you were to pay with in 30 days but didn't, then that's when the SOL would start to run unless you made a subsequent payment.

 

Please clarify what is going on...

 

 

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Customer: replied 5 years ago.
The SOL is not an issue i have already discover this. The last payment on the account would have been 5-21-2008 well within the 6 year SOL

I understand that USUALLY assignments match the purchase of the account. but what it appears to me is they have a ongoing business relationship with the original creditor and one assignment they signed years ago and use that, to sue on all their accounts. Is that legal?. If its not thats the case law i am looking for to say no your assignment needs to be for my account specifically and it needs to be current for you to have stated a claim for which relief can be granted.
Expert:  Maverick replied 5 years ago.

The issue of defending on assignment goes more to showing a lack of standing. So, if they could not come up with something showing that the accounts were assigned, then you could defend on the grounds that the collection agency does not have standing to sue.

 

I am not aware of any law that says that the assignment agreement has to be recent or that has to apply to a specific account. I would surprised to find such a law as it would interfere with parties' right to free enter into legal contracts. Normally, there would have to be some overriding public policy argument that is codified to find what your looking for.

 

If you have heard something different and have a source, please point me to it as I would be interested in looking at it further.

 

 

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Customer: replied 5 years ago.
They have an affirmation from the original creditor would that be enough for them to prove assignment.
Expert:  Maverick replied 5 years ago.
Normally, I would want them to produce a copy of the assignment agreement in addition to the affirmation/affidavit.
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