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glossary of legal terms a cyan't assignment assignee brought to you by your legal leg up calm or advantage if you're being sued by debt collectors like everybody this video is part of our glossary series where we explain legalese to ordinary people you will find a link to a page linking all the glossary videos in the video description below we tell you what the term is what it means and what the legal context is we point you to other sources of information if necessary and then discuss what it all might mean to your defense today's terms are all related assigned assign or assignee sometimes pronounced essing me an assignment the definitions are pretty simple on the surface to assign or make an assignment is to transfer legal rights to someone else not necessarily all of them but some of the legal rights the person doing that is the assign or and the person receiving the rights is the a signal or assignee and the context of debt it is widespread and perfectly legal to transfer the right to collect today it would be possible for the original contract to forbid the transfer but that rarely happens and it probably won't be an issue for most people facing down lawsuits still if you have doubts check the original contract and if you don't have the original contract you can ask for it in discovering the course you should other kinds of kind of assignments aren't so easy any contract regarding personal service for example is probably going to say that assignment can't be done without another agreement and property leases are similar but where all that is due is money assignment is not usually an issue in most debt buyer cases the law is clear the buyer can assert the same rights that the original creditor could have regarding the debt their damages will be what the original creditors damages would have been I need the nominal value of the debt and not what they paid for it but they may also be debt collector subject to the rules of the Fair Debt Collection Practices Act so that would regard that would control an effect of the way they collect the debt rather than their rights to the debt there does seem to be an issue coming up in some cases regarding assignment and technical debt buyer collection cases the original creditor or a science a day and its entirety to the buyer they sell it in other words who then sues you there's no question that the original creditor isn't sued it isn't suing you in that case you're being sued by a debt buyer but the original creditor has some advantages in litigation of her debt buyers as most people understand that seems to have given rise to something new which i think is probably a deception this is a sort of partial assignment of rights apparently the original creditor sells the right to sue to someone the right to sue someone to a debt buyer that that buyer then turns around and Sue's either in its own name on behalf of the creditor or in the original creditors name in care of the debt collector and this brings up issues of defense and of counterclaims let's talk about defense first if you get a case entitled banking care of debt collector versus you or something like that I would like to hear about it so just please drop me a note for your defense you're gonna need to know who is actually suing you I recommend that you call the lawyer representing the company and simply ask ask the lawyer that very questioned who is Suleiman they don't collect her or the way and follow up on the question with things like so if I wanted to sell with the bank have to agree to the amount or with someone else make the decision and who notice I'm not talking about the lawyer being the creditor or the debt buyer or anything like that lawyer is just speaking for whoever is actually suing you and you don't need to be concerned about them in most cases now it isn't always easy to get the lawyer to get to lawyer and it isn't always easy getting answers from the lawyer even if you do but you need answers to this question about who's suing unless you are fully satisfied with the answer and it's clear to you you will need to follow up with discovery of the lawsuit the less involved the original creditor is the better your chances of defending the case whatever doubts they've done they've created a records trail for you to follow and exploit but if the original creditor isn't really involved then they're going to have have major evidence problems and you should win if you fight correctly and that brings me to the counterclaim part of this issue if it should become clear to you that the debt collector owns the debt then the question becomes why do they put the original creditors name on the lawsuit and the answer to that is intuitively clear isn't it they do it to intimidate you and to disguise your chances of winning if that strikes you as unfair and deceptive as it does me you might want to consider a counter claiming under the FDCPA the Fair Debt Collection Practices Act find that there's a sort of a great area where the debt collector owns some part of the thing but not all of it the census appears to be a developing trick by the debt collectors I don't want to share publicly my thoughts on this as you probably know some of them follow me and I don't want to help them with any of their dirty work but I will have information on this situation for members of my help that isn't a teaser for membership and if the trick becomes more widespread I'll share more publicly but for now let the collectors do their own work right of course you know you can't in it can't take any of these videos as legal advice they are the videos and the glossary are meant to be educational by someone who used to practice a lot of this kind of law most people can represent themselves in bet law cases because of the kind of law and the kind of business it involves but you don't have to do it alone if you are in fact representing yourself you may want more help and that's where our membership set products come in you'll find the link to the glossary below in the video description you will also find a link to a page linking all of the videos in this series helping people protect their rights is what we did protect letters and don't let the debt collectors rip you off your lega lega dot-com