Question
I received a request from the collection agency to pay a debt I forgot but owe to another company. The collection agency did not provide me with a power of representation but asked me to pay the amount owed into their account. Can I communicate with this agency at all? And should I send the money to the mentioned account? How do I know if it’s not a scam?
The answer
No legal requirement requires the fulfillment of the obligation to present a power of attorney in order for a legal act (e.g. a request for payment) to be valid. The granting of a power of attorney to a third party is therefore not a condition for the effectiveness of a legal transaction. In case of doubt, however, either request a power of attorney (usually the person concerned has no problem with this) or contact your creditor directly to find out whether he has authorized the company to collect and, if necessary, to realise.
Exceeding the power of attorney or acting on behalf of another without authority constitutes self-commitment, unless the person for whom it was done consents to the legal act immediately.
Answer according to the current legal status valid on 11/05/2022.