Can a debt collector turn a debt over to an attorney for collection?

Yes, a debt collector can turn a debt over to an attorney for collection in West Virginia. The West Virginia Collection Agency Act of 1974 applies to most debt collectors in the state, including those who attempt to collect debts through an attorney. The Act states that a debt collector may not “bring or threaten to bring civil action or criminal prosecution against any person” in order to collect a debt. However, the Act also allows a debt collector to “employ the services of an attorney to commence and prosecute legal proceedings against any person for the collection of a debt.” In West Virginia, if a debt collector turns a debt over to an attorney for collection, the attorney is a “designated collection agency” and is subject to the same restrictions as a debt collector. This includes prohibitions on unfair or deceptive practices, excessive or unconscionable fees, harassment, and abuse of consumers. Additionally, the attorney is required to follow the West Virginia Code of Professional Responsibility and may not communicate directly with the consumer regarding the debt. It is important to note that if a debt collector turns the debt over to an attorney for collection, the consumer is entitled to receive written notice from the attorney stating the debt amount and the creditor’s name. The consumer also has the right to dispute the validity, accuracy, and amount of the debt. After receiving such notification, the consumer can contact the attorney directly to discuss the debt.

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Can a debt collector turn a debt over to an attorney for collection?

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