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Mary
Joined: 06 Jul 2006
Mary's page
Posts: 730
17417 Magic Points
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Thu Jul 31, 2008 6:43 am
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Hi Un-incorportate
Since you have already requested them to provide you with proof that you are responsible for paying the debt, you can also send a DV letter, because the CA cannot rule out this letter and until and unless they validate the debt in writing, they cannot force you to pay back the debt. If they still disturb you, without validating your debt, complain against them to the FTC and the AGs office.
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Where there's a will, there's a way !! |
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carol
Joined: 27 Jun 2006
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Posts: 1362
Location: Los Angeles, California
29592 Magic Points
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Thu Jul 31, 2008 6:59 am
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As Mary said, you can send a debt validation letter to the CA. You can send a DV letter although FDCPA does not apply to business debt, because the CA is targeting your personal credit report and personal credit report falls under FDCPA. However, as you said in your first post, there is only a hard inquiry on your credit report, which means that you may have applied for a new line of credit from them. I don't think they are pulling your credit report for listing your corporation debt in your report. So I don't find any need to worry. However, you should consult an attorney regarding this.
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fireyone
Joined: 26 Feb 2008
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Posts: 4493
8662 Magic Points
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Thu Jul 31, 2008 6:49 pm
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| Still who is suing you the Original creditor or a collection agency? I would not do anything until the debt is validated. I would also probaly talk to an atty concerning your rights. I can not see how if the debt was a corporation debt how they can sue you personally. You would think it would have to sue the company. Let us know how this works out for you. |
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goodnatured
Joined: 03 Nov 2007
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Posts: 3996
1079 Magic Points
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Mon Aug 04, 2008 3:24 pm
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Definately make sure they validate before you pay anything, also see if the SOL is still in effect.
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Goodnatured,
http://cashinpocket.synthasite.com/
for all the ways I make $$ online |
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fireyone
Joined: 26 Feb 2008
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Posts: 4493
8662 Magic Points
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Tue Aug 05, 2008 3:40 am
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| yes Validation is always for the very best and so is looking up your staes SOL. If you need help finding it just ask and e can get it for you. |
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goodnatured
Joined: 03 Nov 2007
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Posts: 3996
1079 Magic Points
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Tue Aug 05, 2008 11:00 am
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validation is the only way to make a company show that they own the debt but as much as we say it, some consumers feel completely helpless against these collection agencies and end up paying a debt that they probably should not have. Education about the laws is the only defense.
_________________
Goodnatured,
http://cashinpocket.synthasite.com/
for all the ways I make $$ online |
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fireyone
Joined: 26 Feb 2008
fireyone's page
Posts: 4493
8662 Magic Points
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Wed Aug 06, 2008 1:52 am
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| OOPS HIT THE BUTTON TOO SOON. i AM STILL WONDRING IF HE IS EVEN RESPONSIBLE FOR A COMPANY DEBT. |
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erb1953
Joined: 31 Dec 2007
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Posts: 621
-55 Magic Points
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Wed Aug 06, 2008 5:33 am
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| I don't think that he would be because the corportation would have it's own tax identification number unless he used his social security number for tax reporting purposes on the account, but it does not appear to be that way from what I have read. |
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fireyone
Joined: 26 Feb 2008
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Posts: 4493
8662 Magic Points
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Fri Aug 08, 2008 1:30 am
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| What I am trying to figure out on this one is if it was his won company. |
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Bar Ister
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Subject: Prsonal Liability
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Mon Nov 03, 2008 4:54 pm
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| You are liable. If you had the application you could see it. But, they are full of it. They probably will not sue and they can't take you house. They can get money from your bank accounts IF they get a judgement. Hang Tough. |
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fireyone
Joined: 26 Feb 2008
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Posts: 4493
8662 Magic Points
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Tue Nov 04, 2008 12:02 am
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| Thanks for the advice but you have to relize some collectors will take things 100% of the way and do anything they can to get their money. They can not take the house as you say but they can attach wages in some states and aas you mentioned bank acccounts. I have seen this happen before. |
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