Claim assigned to a collection agency: what the assignment means for you

Creditors often sell or transfer claims to collection agencies or claim buyers (assignment). For you the creditor changes, but not the claim itself: all objections you had against the original creditor remain. You can also demand proof of the assignment.

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Your chances of getting your money back

Through an assignment the new creditor takes the place of the old one (§ 398 BGB). All objections you were entitled to against the original creditor, such as performance, defects or limitation, remain (§ 404 BGB).

You can demand proof of the assignment (chain of assignment) before you pay. As long as it is unclear whether the claim holder is entitled, you do not have to perform.

What you should do now

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1. Have the assignment proven
Demand proof that and to whom the claim was validly assigned.
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2. Check the claim
Does the claim exist as to its grounds and amount? Is it time-barred or already settled?
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3. Raise objections
Assert your objections against the original creditor also against the new one (§ 404 BGB).
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4. Check the fees
Review the asserted collection and ancillary costs, you do not have to accept excessive amounts.

How to spot the scam

A 'claim buyer' unknown to you demands payment without proof of the assignment.
The claim may be time-barred or already paid.
High additional fees are demanded without a comprehensible basis.

Frequently asked questions

What does the assignment of a claim mean?

The original creditor transfers the claim to a new creditor, such as a collection agency or a claim buyer (§ 398 BGB). For you the contact changes, but not the claim itself and your objections.

Do my objections remain?

Yes. All objections you were entitled to against the original creditor, such as that you have already paid, that defects exist or that the claim is time-barred, you can also raise against the new creditor (§ 404 BGB).

Do I have to pay the new creditor immediately?

Not without checking. You can demand proof of the valid assignment. As long as it is unclear whether the claim holder is entitled, you do not have to perform. Also check whether the claim exists at all and is not time-barred.

Take action now

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.