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Business Acct vs Personal - Hearing soon


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New member here - so be nice if I come across naive!

 

Background - Live in CO and had 2 business card accounts with USBank for my C corporation. I assume I'm responsible for both since I owned the corporation and signed for both cards (one for me and one for business partner). Accts opened in 2004 and both closed by me in 2009 due to business decline - was planning to dissolve corporation. Starting in 2009 I felt it appropriate to pay both cards off myself assuming I was responsible for them (and may be). Paid partner's account off (but was overcharged by collection agency - Cardmember Svcs) and paid the other card monthly as well. Unable to continue paying second card off so stopped all payments and contact spring of 2012. 

 

Received summons from Denver based attorney on September 13 (or thereabout) stating they intended to get a judgement for their client CACH. In the summons it states USBank as the account. Hearing is days away. 

 

Offered to settle with the attorney's office but they want about 90% of the amount due and also rejected a verbal offer to pay monthly, stating the amount was too low. That started me wondering if they are for real. Some looking here and other forums and it seems they exists but are not eager to work with someone.

 

In sum, account with USBank sold to CACH and they hired attorney to get a judgement. They refuse to budge on monthly payment amount I can afford or take a settlement under 90%. I suspect they think I'm still working making 6 figures and don't yet know I'm retired now having much less available.

 

Some other facts I see being requested by folks on the board here...

 

- amount in question is less than $1400

- My 1st contact with CACH or the attorney was when served with a supoena

- No contact at all with CACH but I called the attorney's office 3 times to work a "deal" to no avail

- Account "closed" by me in 2009 but made payments through 2012. Orig balance over $3K

- Hearing will be in Country Court

- They state they are the owner now, state "implied intent to pay", got monthly statements (last statement was in 2009), and it appears to me they are taking the account stated" approach.

 

 

Here's the question(s) - this is a business account (corporation) so it seems going the consumer route indicates they have no idea if it's a business or consumer card, and since I didn't respond to the supoena, they may think I won't attend the upcoming hearing.

- Is the account type relevant (business vs consumer)?

- Does it hurt, help, or neutral that it's a business acct?

- Do I remain silent about that and just pursue ownership of the account by CACH?

 

 

Thinking about asking for proof of ownership as well as a continuation from teh judge if they somehow produce some ownership proof. But then, I may just be all confused with this!

 

Thanks

 

 

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Sorry forgot 3 other items (probably recall more later tonight)...

 

I did formally dissolve the corporation in late 2012

It was a small 2 person outfit that never turned a profit

It was a part time endeavor for me since I already had a career (now retired).

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I just remembered some more that may help...

 

The supoena is really a summons

The hearing is a  Return Date on the Summons

 

Since I'm just now researching this can I simply ask for a continuance somehow, or should I "tip my hat" regarding the business vs consumer account as well as that I'm asking for proof of ownership of the account?

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