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Court-Ordered Assignment of Debt When a borrower has outstanding debt that was assigned to another party by court order (such as under a divorce decree or separation agreement) and the creditor does not release the borrower from liability, the borrower has a contingent liability.
What is an assignment of debt? An assignment of debt is defined by the Civil Code as ?a transaction by which one person (the 'assignor') obtains a debt from another person (the 'assignee') who undertakes to repay a third party (the 'delegatee') who accepts him as debtor?...
This usually means producing proof that the debt was assigned to it. Often such proof will be a bill of sale, an "assignment," or a receipt between the last creditor holding the debt and the entity suing you.
Debt assignment is a transfer of debt, and all the associated rights and obligations, from a creditor to a third party (often a debt collector). The company assigning the debt may do so to improve its liquidity and/or to reduce its risk exposure.
For example, the debtor may have entered into an agreement with the assignor whereby the assignor agreed to accept a lesser amount of the debt owed by way of settlement. Because the assignee acquires the same rights and obligations of the assignor, the terms of that previous settlement agreement will bind the assignee.