What If a Debt Buyer Buys My Debt? Is It Legal?
One common question we hear is, “What if a debt buyer buys my debt? Is it legal?” The short answer is yes, it is legal for a debt buyer to purchase your debt, but there are strict laws in place to regulate how they can collect on that debt. Understanding your rights is critical when dealing with debt buyers, and at Consumer Rights Law Firm PLLC, we’re here to help protect those rights.
How Does Debt Buying Work?
When a creditor, such as a credit card company or medical provider, is unable to collect a debt after a certain period, they may sell the debt to a debt buyer. Debt buyers purchase these accounts for a fraction of the original amount owed, sometimes paying just pennies on the dollar. Once the debt is purchased, the debt buyer becomes the legal owner of the account and has the right to collect it.
While this practice is legal, debt buyers must adhere to federal and state laws, including the Fair Debt Collection Practices Act (FDCPA) and, in California, the Rosenthal Fair Debt Collection Practices Act (RFDCPA). These laws regulate how debt buyers can interact with consumers and prohibit abusive, deceptive, or unfair practices.
What Are Your Rights When a Debt Buyer Buys Your Debt?
If your debt is purchased by a debt buyer, you have several important rights under the law:
Right to Verification:
The debt buyer must provide proof that you owe the debt if you request it in writing. This includes information about the original creditor, the amount owed, and evidence that they legally own the debt.
Protection from Harassment:
Debt buyers are prohibited from using abusive or threatening language, making repeated or excessive calls, or engaging in deceptive practices.
Right to Dispute the Debt:
You can dispute the debt if you believe it is not valid, and the debt buyer must stop collection efforts until they verify the debt.
Statute of Limitations:
Debt buyers cannot legally sue you for payment if the debt is beyond the statute of limitations in your state. Be cautious about making payments on old debts, as this may reset the statute of limitations.
What to Watch Out For When Dealing With a Debt Buyer
- Errors in the Debt: Debt buyers often purchase portfolios of debt with incomplete or inaccurate information. Always verify the debt before making any payments.
- Duplicate Collection Attempts: If the debt has been resold multiple times, you may face confusion over who owns the debt.
- Illegal Practices: Be aware of your rights and watch for violations such as harassment, misrepresentation, or threats of legal action.
How Consumer Rights Law Firm PLLC Can Help
At Consumer Rights Law Firm PLLC, we specialize in protecting consumers from illegal and unfair debt collection practices. If you’re dealing with a debt buyer, we can:
- Verify the Debt: We’ll ensure the debt buyer has the proper documentation and legal authority to collect the debt.
- Stop Harassment: Once you work with us, debt buyers are required to direct all communications through our office, giving you peace of mind.
- Fight for Compensation: If the debt buyer violates your rights, you may be entitled to statutory damages and compensation for emotional distress.
- Guide You Through the Process: Whether disputing the debt or defending against a lawsuit, we’ll stand by your side every step of the way.
Contact Us Today for a Free Consultation
If a debt buyer has purchased your debt and you’re unsure of what to do, let Consumer Rights Law Firm PLLC help you protect your rights. Our experienced attorneys will evaluate your case, fight back against unfair practices, and hold debt buyers accountable—all at no cost to you.
Call us today at +1 877-700-5790 or fill out our online form to schedule your free consultation. You don’t have to face debt collectors alone—we’re here to help you take control of your financial future.