Need quick help as to 1 of their RFAs (in CA)

[suedinca]

A now closed, assetless business with a business account. The RFA says "Admit you used the account." They've provided almost no documentation, despite my requests. I have to answer the RFA now. If I made purchases for the business using that account, is there any reason not to say so if I am adamant that I am not personally liable for the debt? I've been reading so many posts I can't think straight anymore.

Thanks in advance.!

[willingtocope]

You don't say what type of account this is...but...if you "personally guaranteed" it, which CC's normally require, you are responsible.

[nascar]

A now closed, assetless business with a business account. The RFA says "Admit you used the account." They've provided almost no documentation, despite my requests. I have to answer the RFA now. If I made purchases for the business using that account, is there any reason not to say so if I am adamant that I am not personally liable for the debt? I've been reading so many posts I can't think straight anymore.

Thanks in advance.!

 

First, what is meant by "used" the account? Arguably, if you made purchases for the business using the account, you, as in individual, did not "use" the account, the business "used" the account. Therefore, it might be accurate to admit you used the account to the extent you used it while acting you your official business capacity and deny to the extent you used the account in an individual capacity.

[suedinca]

You don't say what type of account this is...but...if you "personally guaranteed" it, which CC's normally require, you are responsible.

It was a line of credit for an incorporated business. I don't believe that I did personally guarantee it. The JDB says I did, "by voice recording" which makes no sense. When I asked for a copy of this "guarantee" they immediately filed the lawsuit. Unfortunately I hadn't known that I had to request verification in writing.

[suedinca]

First, what is meant by "used" the account? Arguably, if you made purchases for the business using the account, you, as in individual, did not "use" the account, the business "used" the account. Therefore, it might be accurate to admit you used the account to the extent you used it while acting you your official business capacity and deny to the extent you used the account in an individual capacity.

 

First, what is meant by "used" the account? Arguably, if you made purchases for the business using the account, you, as in individual, did not "use" the account, the business "used" the account. Therefore, it might be accurate to admit you used the account to the extent you used it while acting you your official business capacity and deny to the extent you used the account in an individual capacity.

Used to purchase supplies for the business. Once business closed, no more activity on the account. Business had no assets , so OC realized debt was noncollectable. I'll use your suggestion, it sounds like a reasonable way to phrase it. Thanks!