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Bell south business debt


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Technically, what the CA is telling you is true...FDCPA is for "consumer" debt only...but...

If your business was not incorporated, you MAY be able to argue it was personal...

If your business was incorporated, but you had to personally gurantee the debt, and they have placed this business debt on your personal credit report, you MAY be able to argue that makes it subject to the provisions of the FDCPA.

However, the best you can hope for is that one of the two tactics above will delay their collections and MAY eventually lead to them making a mistake along the way that lets you sue under FCRA...

Lots of ifs, and not much else, I'm afraid...we just filed personal BK 7 to protect our (non-exisitent) personal assets from personal guarantees we made on business debts...

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dami...still not a cut and dried case. I've had some CAs back off when I claimed FDCPA for personally guaranteed business debts...I've had others who kept after me.

A DBA Business...particularly if you had a listing in the yellow pages or in the business section of the phone book under the business name is still a business. I've seen some court rulings that say that anyone doing business is supposed to be smarter than the average consumer and therefore not protected by the FDCPA.

You can send another letter to the CA stating "because you are reporting this on my personal credit, it is subject to the FDCPA". They may or may not beleive it.

You could also try something to effect of "I don't care whether you think this is covered or not, my business is not in the habit of sending payments to people just because they say we owe them money...prove it, or I'll see you in court"...

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