AMEX Business Account - Now they say I am personally responsible
Date: Thu, 08/13/2009 - 10:39
I started a business back in 2005 and applied for a AMEX GOLD Business under my Corporation. When I applied, I do not recall that I signed an agreement that made me personally liable for the debt should something happen. I applied for the card online using my Corporate name and TIN (tax id # of corporation).
In 2007, I closed the business paid as much of the debt off from the liquidation, but did not file corp bankruptcy because i could not afford it. The only outstanding debt the corporation had was the AMEX bill for about $12K. Recently i have been harrassed by a debt collector saying that i am responsible for the debt personally. I have even written multiple letters to AMEX indicating that this account was opened under the corporation. They never responded. I called them and they told me it was still considered derogatory on my personal credit. Now it shows as a charge off on my credit report and i can't even take a loan for a new car, much less get any significant credit because of this. I figured that i can buy time and let it go for the 5 or 7 years before it drops off my report, but they keep updating the date on the report.
i am ready to go and settle this debt, but don't feel i am obligated to do so because the whole reason i incorporated was to avoid any potential personal liablity against damages or debt. I have held clear of the "piercing the corporate veil" by having not charged personal charges to the card - only purchasing items that were legitimate for the business and conducting the business. It was unfortunate that i had to close the business and had no intentions of leaving my creditors high and dry - but that is business and it happens to a lot of companies trying to make a run at it.
My personal view is that you aren't responsible for the debts ac
My personal view is that you aren't responsible for the debts acquired by the business. But a lot would depend upon the verbiage of the contract drawn between you and the bank.
Quote:
I figured that i can buy time and let it go for the 5 or 7 years before it drops off my report, but they keep updating the date on the report. |
Have you tried disputing the matter with the credit bureaus?
If you are sure that you are not personally responsible for this
If you are sure that you are not personally responsible for this debt, then let them take you to court where you can ask that it be Dismissed With Prejudice. For $12k that (a lawsuit) will probably happen anyway. If it doesn't, it may be considered as evidence that they know they have no legal leg to stand on but are just hoping into scaring the money out of you.
BTW, even if the credit bureaus remove it, they will put it right back on when the collector reports it again.
However, if they are repeatedly re-aging the account, then that is a problem. Is it really being re-aged or just re-listed with a new collection agency?