hotdami812 Posted July 22, 2004 Report Share Posted July 22, 2004 I am receiving collection notices on a phone debt that was in a business name, after requesting validation the CA sent a notice stating the FDCPA is not covered under business debt, need some suggestions. thanks Link to comment Share on other sites More sharing options...
willingtocope Posted July 22, 2004 Report Share Posted July 22, 2004 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... Link to comment Share on other sites More sharing options...
natural Posted July 22, 2004 Report Share Posted July 22, 2004 Was your business a D.B.A. or Inc.? If it's D.B.A. you're golden. Link to comment Share on other sites More sharing options...
hotdami812 Posted July 22, 2004 Author Report Share Posted July 22, 2004 DBA Link to comment Share on other sites More sharing options...
hotdami812 Posted July 22, 2004 Author Report Share Posted July 22, 2004 Natural, so they still have to abide by the FDCPA correct? as well as my option to request validation? Link to comment Share on other sites More sharing options...
willingtocope Posted July 22, 2004 Report Share Posted July 22, 2004 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"... Link to comment Share on other sites More sharing options...
admin Posted July 22, 2004 Report Share Posted July 22, 2004 I'm moving this over to the legal forum so we can get the legal minds on it... Link to comment Share on other sites More sharing options...
hotdami812 Posted July 22, 2004 Author Report Share Posted July 22, 2004 Thanks Admin Link to comment Share on other sites More sharing options...
willingtocope Posted July 23, 2004 Report Share Posted July 23, 2004 bumping Link to comment Share on other sites More sharing options...
hotdami812 Posted July 23, 2004 Author Report Share Posted July 23, 2004 Can you Clarify? Link to comment Share on other sites More sharing options...
willingtocope Posted July 23, 2004 Report Share Posted July 23, 2004 Me? Bumping = moving your message up the stack so more folks will see it and maybe reply (of course you just did that too)... Link to comment Share on other sites More sharing options...
hotdami812 Posted July 23, 2004 Author Report Share Posted July 23, 2004 Thanks Link to comment Share on other sites More sharing options...
Recommended Posts