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Barrister
Barrister, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 36586
Experience:  Attorney,16 years experience in consumer protection areas
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I'm being hounded by a Credit Card Processing Leasing Company

Customer Question

I'm being hounded by a Credit Card Processing Leasing Company personally for a lease I signed for and as a business in 1998 and which has been out of buisness since 2009.
The leasing company is now coming after me peronsaly and claim I signed as a personal guarantor but the signature on the lease as personal gurantor is clearly not mine and is not the same as the signature above that I did sign on behalf of the company.
They are threatening to go to collection and to report me to credit card agencies if i don['t pay balance of $550.
While this is not a lot of money it is unethical. What recourse do i have?
Submitted: 2 years ago.
Category: Consumer Protection Law
Expert:  Barrister replied 2 years ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
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Can you tell me what state this is in?
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When are they saying that the contract went into default? 2009?
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thanks
Barrister
Customer: replied 2 years ago.
They are in NY. We were and are in NJClaim default as of 2011 when I closed the checking account they were automatically debuting
Expert:  Barrister replied 2 years ago.
Ok, if you were in NJ, then they could still pursue the contract since the statute of limitations is 6 years in NJ for a breach of contract action.
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However, if the personal guaranty signature is not yours, then you can tell them that first you are recording the phone call. That will rattle them, whether you are recording or not.
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Then you can tell them that this was clearly forged and if they report it on your credit, you will sue them for defamation and libel as well as pursue your legal remedies under the Fair Debt Collection Practices act which prohibit them from misrepresenting the status of a debt. Further you will file a formal complaint with the Federal Trade Commission, which governs the FDCPA for them trying to enforce a forged document and request a formal investigation.
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That should scare them off so they will go bother someone else.
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thanks
Barrister

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