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Question

My ex business partner and I separated in july of 2008. We had no legal documentation stating that he would become liable for all the company debts but we did have a verbal agreement. I recently recived a collection notice for a charge that i signed for in the company name and i want to know what I need to do to get Him to take responsibility for that debt and further get my name off of the business. Can you help me?

Submitted: 22 days and 19 hours ago.
Category: Legal
Value: $18
Status: CLOSED
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State/Country relating to Question: Maryland

Already Tried:
I have tried to contact my Ex business partner with no luck and I dont know what my next step should be without paying more money than I can afford to hire an attorney.

Posted by SmallTownLawyer 22 days and 19 hours ago.

Info Request

Hello -

Thank you for contacting JustAnswer.

What kind of business is this? Corporation? LLC?

Thanks,

Michael

22 days and 19 hours ago.

Reply

Thankyou for your response.

The business was set up as a corporation.

Posted by SmallTownLawyer 22 days and 19 hours ago.

Answer

Thank you.

Unfortunately, a person is not liable for a corporation's debts, unless they personally guarantee it. The only way you would be able to recover is if he signed something accepting personal liability for the debts.

I'm sorry if this isn't what you wanted to hear, but it's the law.

Take care,

If my answer was helpful, please click ACCEPT so i may be compensated for my time. If you are not satisfied with the Answer, please feel free not to Accept, and post a follow up question so I may be able to clarify my Answer. My goal is to provide an outstanding Answer, so give me a chance.

Regards,

Michael

22 days and 18 hours ago.

Reply

Michael,

 

Thank you for your response, although I do need some more clarification. First, if a person cannot be held liable for a corporation's debt and you stated that they only way to recover from this is to have him sign a letter stating that he accepts all liabilty for any and all debt that has accrued. How am I held liable?

 

I understand that I signed for this service/bill when I was with the company on March 28th, 2008. However, since then I left the company as of July 2008. Since then all bills have gone to my ex-business partner and he was paying them up until August 2008 (even though only one month).

 

This collection notice was the first I have received, dated for October 16th, 2009. All previous bills were sent to my ex-business partner and any other collection notices (if any). Up until this collection notice, I have not received bills, previous collection notices or any other communication. The collection notice states that they contacted me several weeks ago, but I was never contacted.

 

How is it that since all the bills and any previous collection notices (again if any) have been going to him, why are they contacting me now?

 

On a separate note, if I send him a certified letter stating that he needs to be held liable for this debt along with any other debt associated with this company and that I am now and have been since July 2008, no longer a partner with this company. What happens if he doesn't sign or disregards the certified letter. What could be my next actions? Any other suggestion besides the certified letter?

 

Sincerely,

Jordon

Accepted Answer

How am I held liable?

You aren't. Owners are not personally liable for corporate debts unless they personally guarantee them OR there was some sort of fraud involved or the owner uses the company like an "alter ego"

I have no idea why they have switched trying to collect from him, and are now trying to collect from you. I assume they will try and get their money any way possible.

If you send a certified letter and he refuses, you don't have any options. He is not personally liable for the debts under the law.

I'm sorry if this isn't what you wanted to hear, but it's the law.

If my answer was helpful, please click ACCEPT so i may be compensated for my time. If you are not satisfied with the Answer, please feel free not to Accept, and post a follow up question so I may be able to clarify my Answer. My goal is to provide an outstanding Answer, so give me a chance.

Regards,

Michael

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Expert: SmallTownLawyer
Pos. Feedback: 98.9 %
Accepts: 
Answered: 10/29/2009

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Licensed Missisippi Attorney; Criminal Law, Family Law, Personal Injury, and Civil Defense

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