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My LLC Closed 2 years ago, now collectors are after me.

Date: Tue, 12/20/2005 - 14:26

Submitted by debtquestions
on Tue, 12/20/2005 - 14:26

Posts: 3 Credits: [Donate]

Total Replies: 5


I have been reading a lot about my rights when it comes to debt collectors and personal debt, but what about if I owned a business.

Here is the quick version. My partner and I had a LLC (both managers) but because we did not have enough business we closed. I just got contacted a week about an outstanding debt because of a cell phone that my partner was using. Apparently they have been going after him for about 1 year and then got wind of my name. Now they are calling me, and I am not sure how to deal. My old business partner is responsible for the debt (under our LLC), but apparently now they have my name. Any advice would greatly be appreciated.

Thanks.


Hi

Welcome to the forums.

The Fair Debt Collection Practices Act explains your rights under the law. After you have been called, the collector should send you a written notice giving the details of the accounts. You need to send a written notice within 30 days explaining the fact that you do not owe this money. Once they have received your letter, they must stop calling you unless they have proof, such as any copy of the bill explaining it to be your debt.

Has the collector sent you something in writing?

Regards
Roxette


lrhall41

Submitted by roxette on Tue, 12/20/2005 - 15:06

( Posts: 4009 | Credits: )


roxette,

Thanks for the help,

here is some more information, I did talk to them and they requested my home address (they had the partners info), which I did give them and they sent me a collection notice. The account was opened by me as an agent of the LLC, but that should not be tied to my personal assets correct? (they threatened to turn off my personal cell phone because the delinquent account was a cell phone account).

They were not very nice, and I am still trying to get my ex partner to work with me on the bill. What do you think?

Thanks.


lrhall41

Submitted by debtquestions on Tue, 12/20/2005 - 15:13

( Posts: 3 | Credits: )


The bill of the cell phone must be in the name of your partner. It is the first point indicating the fact that you are not responsible for this debt. On this basis, it cannot prove that the debt is yours.

Seeing the collection notice, is there anything that says you owe this debt in your name? If it can't be proven, you need to place it on dispute.


lrhall41

Submitted by roxette on Tue, 12/20/2005 - 15:31

( Posts: 4009 | Credits: )


Thanks for the advice. The debt is in the name of the company (a LLC). They had my name and my partners name because we were the points of contact. I don't see my name or his for that matter anywhere on the collection notice. I am just concerned that this may hit my credit score even though we were operating under an LLC.

Thanks.


lrhall41

Submitted by debtquestions on Tue, 12/20/2005 - 15:42

( Posts: 3 | Credits: )


Since you don't have your name listed in the notice, you have to place it on dispute showing that you are not responsible for this debt. Take immediate actions to resolve this outstanding issue.

Usually, the collection agencies have very limited information from the original creditors. It will be better if you can contact the cell phone company and resolve the problem with them.


lrhall41

Submitted by roxette on Tue, 12/20/2005 - 15:54

( Posts: 4009 | Credits: )