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Andy4712
Andy4712, Consultant
Category: General
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Incorporated company, business closed over 3 years.Not existing

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Incorporated company, business closed over 3 years.Not existing anymore. Business Debt: credit card combined with credit line. Bank puts the debt on personal! No documents signed for personal gurantee. No documents produced to support this change in debt liability. Creditor harassing through collection agency.

What is the course of action in this case?

Andy4712 :

You should write the collection agency and tell them the corporation is dissolved and there is no personal guarantee so they can not collect from you. I would also send copies of any information you have showing the corporation is dissolved. If they sue you, then I would answer with and deny you owe the debt because the corporation is dissolved and there is no personal guarantee. If the continue to pursue the debt with no legal basis, then I would consult an attorney about filing suit against them under the Fair Debt Collection Practices Act. You could also contact your attorney general or consumer protection office. I hope this answer your question. If not, then please reply. Thank you.

Customer:

My concerns would be how did they even manage to det hold of my personal home adress and phone? The Fair Debt Collection Practices Act it apply to the province mentioned? If i send them a response on thier demand letters of phone calls from my residence does that mean they validate thier file?

Andy4712 :

Creditors can look up information on people. Where do you live? If you live outside the US, then the Fair Debt Collection Practices Act would not apply. You can request information on the debt. In the U.S. you request validation of the debt. As I mentioned previously, I would write a letter indicating the corporation is dissolved and there is no personal guarantee so you are not liable on the debt. If they continue to harass you, then I would contact a lawyer who specializes in suing collection agencies for Fair Debt Collection Practices Act violation if you live in the US. I hope this answers your question. If not, then please reply. Thank you.

Customer:

I live in Canada.

Customer:

Till now it was fine until they finally started to harass me at my parents residence. That would be considered harassment i belive!

Andy4712 :

I would contact a lawyer to get some help in Canada. I would ask the attorney in Canada if there are laws against it:

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