Check the assignment chain before suing as assignee of a debt
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the sale agreement, the assignment schedules and the notices sent, trace each debt from the original creditor to the client: list every assignment in the chain with its date, parties and the schedule entry identifying the debt, the date and method of the notice of assignment to the debtor, and the balance at each transfer, and flag any gap, unsigned instrument, unidentified debt or missing notice.
- What the lawyer must review
- The lawyer decides whether each assignment is an absolute assignment in writing that passes the legal right to sue, whether express written notice reached the debtor and when, whether the claim must be brought in the assignee’s name or with the assignor joined, and whether the balance claimed is supported.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | From the sale agreement, the assignment schedules and the notices sent, trace each debt from the original creditor to the client: list every assignment in the chain with its date, parties and the schedule entry identifying the debt, the date and method of the notice of assignment to the debtor, and the balance at each transfer, and flag any gap, unsigned instrument, unidentified debt or missing notice. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Check each schedule entry identifies the particular debt, not only a portfolio.
- Confirm the notice of assignment was sent to the debtor’s address at the time and keep proof of sending.
- Reconcile the balance claimed to the balance shown at the last assignment plus any lawful interest since.
Sources
- Conveyancing Act 1919 (NSW) s 12 — Assignments of debts and choses in action · 2026-10-18
- Property Law Act 1958 (Vic) s 134 — Legal assignments of things in action · 2026-10-18
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.