Collection agencies collect debts consumers did not pay off. Credit card companies utilize both in-house and third-party collectors during the debt recovery process. If a debtor does not work with his original creditor or the collection agency to resolve his payment obligations, the collection agency has the right to sue him, but may need documentation from the original creditor -- in this case, the credit card company -- to prove its case to the judge.
Debt Documentation
A collection agency that sues you must send you a legal summons before the hearing date. If you plan to defend yourself against the debt collector's claims, you must file an answer to the summons with both the collector and the court. If you do not do so, the company wins its case by default without needing to provide paperwork to back its claims. The court views your lack of response as consent. Should you fight the lawsuit rather than ignore it, the collection agency must prove to the court that you owe the debt.
Original Documentation
Your original signed contract with the credit card company agreeing to pay off any charges applied to your card serves as proof the debt in question is yours. Most collection agencies, however, do not have a copy of your original signed credit card agreement.
Collection agencies purchase delinquent debts in bulk. Some credit card companies provide their collectors with full documentation of the debt -- including copies of paperwork you signed. Many credit card companies, however, do not provide collection agencies with any paperwork the collector can use to prove your liability for a debt.
Records Request
A collection agency can request copies of original documentation of your credit card account from the original creditor, but that does not guarantee the original creditor will oblige the request. If the collection agency is working for the creditor on a commission, the creditor still owns the debt. Because of its vested interest in the collection process, the credit card company may provide the collection agency with the information it requests. Once the credit card company sells the account, however, collecting the debt becomes the collection agency's problem, and the original creditor is less likely to provide the collection agency with copies of documents that support its case against the debtor.
Time Frame
Even if a credit card company is willing to provide a collection agency with original documentation proving the debtor's responsibility for the debt in question, that doesn't mean that it can. While credit card providers maintain extensive records on their current clients, once an account is closed, charged off and sold to a collection agency, the credit card provider only maintains records related to the account for a certain period before purging its database.
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