A creditor may transfer the right to claim a debt to another person. In Russian law this is called an assignment of claim. The debt and its terms do not disappear: the creditor changes, and the debtor should understand who is entitled to receive performance and on what basis.
Short answer
An assignment is not possible for every claim and must be assessed under the law and the original agreement. After receiving a notice from a new creditor, a debtor should not make payment before checking the notice, calculation and supporting documents.
What passes to the new creditor?
As a general rule, the claim passes on the terms and to the extent that existed on the transfer date. This does not give the new creditor a right to demand more than the original contract and law allowed. Defences arising from the original obligation may remain relevant.
Is the debtor’s consent required?
In many cases, the debtor’s consent is not required unless law or the contract provides otherwise. Notice matters because it identifies the person to whom performance should be made. If there are doubts, request documents proving the transfer and verify the new creditor’s details.
What should the debtor check?
- which claim was assigned and under which agreement;
- the amount, debt structure and calculation period;
- who sent the notice and whether the transfer is documented;
- contract terms affecting assignment;
- limitation periods and payments affecting the calculation;
- whether collection methods comply with the law.
If the debt is held by a professional collector
Collection of overdue debts from individuals is governed by special legislation. Assignment does not remove the duty to comply with statutory limits on contact with the debtor. Preserve messages, call records and documents if you believe rules were breached.
Practical steps
- Keep the notice and all documents on the original debt.
- Request a calculation and proof of assignment.
- Compare the demand with the agreement, payments and previous correspondence.
- Do not acknowledge the debt or sign new documents without understanding the consequences.
- Where the claim is disputed, send reasoned objections or assess court remedies.
Official sources
- Supreme Court Plenum Resolution No. 54 on change of persons in obligations.
- Federal Law No. 230-FZ on protection in overdue debt collection.
Need a document review? A preliminary consultation can assess an assignment notice, the calculation and possible objections.