rivergone Posted June 24, 2008 Report Share Posted June 24, 2008 my hubby has 5 year old cc debt from a bussiness that has long been closed. he got a letter from a jdb wanting to settle for a couple of grand on a 20 thou account we dv stating fdcpa since it was addressed to him personaly. they replied that he was not covered stating section 803. my ? is can they [jdb's] have it both ways if they want to play by the bussiness rules dont they have to name the bussiness and all intities, this was in llc and had partners. and wouldnt they still have to have proof that they had the legal right to collect? any help is apriciated thanks in advance. Link to comment Share on other sites More sharing options...
NASCAR_Devil Posted June 25, 2008 Report Share Posted June 25, 2008 my hubby has 5 year old cc debt from a bussiness that has long been closed. he got a letter from a jdb wanting to settle for a couple of grand on a 20 thou account we dv stating fdcpa since it was addressed to him personaly. they replied that he was not covered stating section 803. my ? is can they [jdb's] have it both ways if they want to play by the bussiness rules dont they have to name the bussiness and all intities, this was in llc and had partners. and wouldnt they still have to have proof that they had the legal right to collect? any help is apriciated thanks in advance.They are correct that the FDCPA does not apply to business debts. But, if they are reporting on his personal credit reports then they are subject to the FCRA.Since this was set up as a LLC, did he, or any of the partners, sign a personal guarantee on the account? Link to comment Share on other sites More sharing options...
rivergone Posted June 25, 2008 Author Report Share Posted June 25, 2008 yes they are reporting on EQ tlc under account holder they list as individual account, and no on anybody signing, anything Link to comment Share on other sites More sharing options...
willingtocope Posted June 25, 2008 Report Share Posted June 25, 2008 Depending on what the account was for, they still might be able to get through the "corporate veil" and go after the owners directly. You probably want a lawyer to represent you on this...its not gonna go away easily.(If it was strictly a business account, and nobody personally guranteed the account, then the JDB really doesn't have a case. However, like I said, you probably need a lawyer to make them go away). Link to comment Share on other sites More sharing options...
rivergone Posted June 26, 2008 Author Report Share Posted June 26, 2008 it was his personal credit used and done on line. on the letter we sent them we asked them to delete from all 3 credit agencys, if they could not properly validate the debt fully, they have no dold on any or dolp, and of course no dispute, can we send onother letter stating fcra violations. they also have it listed under open account and in my state sol is 4yr on an open account its well past the 4yr. i know they have no case we just want to get them off our backs. thank you all sooo much! this is our second run we won our first run thanks to all of you! Link to comment Share on other sites More sharing options...
willingtocope Posted June 27, 2008 Report Share Posted June 27, 2008 Okay, first...if he applied for it online using his name and SS#, then it is a personal debt which means that he...and not the LLC...is responsible for paying it. If it was used for business, then even though its in his name, the FDCPA still does not apply.As to whether or not its beyond the SOL, you'll need to review your STATE laws regarding SOL on personal credit used for business purposes. There may be some provision that, again, even though its in his name, the fact that it was used for business means the normal SOL does not apply.And, even if it is SOL, they can still try to collect and report it on his personal credit reports (for 7 years). Link to comment Share on other sites More sharing options...
rivergone Posted June 27, 2008 Author Report Share Posted June 27, 2008 we did talk to a lawyer awhile back he said to ask them to name the company if they are threating legaly. so i guess we will have to get the lawyer to compose a comeback letter. Link to comment Share on other sites More sharing options...
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