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Dave Kennett
Dave Kennett, Attorney
Category: Business Law
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Experience:  25 years practicing law
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Re Business debt. Capitol One Initially we tryed to get a

Resolved Question:

Re: Business debt. Capitol One
Initially we tryed to get a lower interest rate and negotiate with these people but, that is impossible.
We had an LLC corporation that is no longer in business. We have not closed the LLC.
We have a Capitol One account in the name of that LLC business.
If we are out of business, are we still responsible for the Capitol One business credit card debt?
Submitted: 3 years ago.
Category: Business Law
Expert:  Dave Kennett replied 3 years ago.
-Could you explain your situation a little more?
Are you signed personally on the card or just the corporation?
Customer: replied 3 years ago.

Dave,

This is my husbands account and his name does appear below the company name on the card and statement. He does not remember signing anything but is not sure. He has had the account for a long period of time. When I spoke with them, they said they had his social security number. I did not think that was an issue based on the fact that he was the primary card holder for the Capitol One account. The card was issued to five of his employees. Each one in their own name as well as the company.

They have reported it to his personal credit report and I was told that that is illegal.

It appears on the personal credit report under the company name as well as his name.

Expert:  Dave Kennett replied 3 years ago.

Dear Merrel1 - If something is wrongfully reported to the credit bureau you need to send them a certified letter disputing the debt and ask them to remove it from the report. That is different from disputing the debt with Capital One since that is the legal case and whether he is personally liable is the question that needs to be answered. Capital One is going to try to make him responsible since there's probably no assets in the corporation.

 

If the card is issued in his name and he signed for the purchases then they may have a case. If they have a signed application under only the corporate name and not him individually then that would be in his favor. All he can do at this point is take the position that this is a corporate, not personal debt. It will be up to Capital One to prove that your husband owes this debt individually by virtue of a signed application or other evidence that it was a personal card.

 

Until a suit is actually filed there's not much he can do other than simply deny he owes the debt. Once a suit is filed then he can defend based on the corporate aspects I discussed above.

 

Dave Kennett

Dave Kennett, Attorney
Category: Business Law
Satisfied Customers: 27686
Experience: 25 years practicing law
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