Attorney General Opinion No. 2012-011

Résumé du livre

Synopsis: The Legislature has distinguished between a creditor who sells or assigns a debt to a collection agent or agency for collection and a creditor who places a debt with a collection agent or agency for collection. When a creditor sells or assigns a debt to a collection agent or agency, the assignee is the real party in interest to file suit against the debtor and may sue in its own name under the real party in interest statute, K.S.A. 2011 Supp. 60-217(a)(1); but, the assignee cannot garnish the debtor's wages under K.S.A. 60-2310(d). The a ssignee must also comply with applicable laws governing debt collection. When a creditor places a debt with a collection agent or agency for collection, there is no assignment and the creditor is the real party in interest to file suit against the debtor under K.S.A. 2011 Supp. 60-217(a)(1) and can garnish the debtor's wages under K.S.A. 60-2310(d). Cited herein: K.S.A. 2011 Supp. 16a-2-301, 60-217, K.S.A. 60-2310.