FLORIDA.
I need an advice about business debt collection.
In the beginning of 2004 I opened a business credit card account with a big national bank.
On a credit application I putted my business name (registered with a state fictitious d/b/a name) and I signed this application as a member/manager, officer and guarantor with my social security on it.
An owner of this fictitious d/b/a company was my regular small corporation LLC also registered with the state of Florida.
I was a member/manager of this LLC (ex. One Dollar Enterprise LLC) company jointly with my wife.
Credit card was issued on a fictitious business d/b/a name (ex. One Dollar Store), but monthly statements showed both names, fictitious business name and personal name, for example:
"One Dollar Store (fictitious name)
John Smith
and an address".
At the and of 2004 we sold the business (with about $30,000 loss) and we dissolved an LLC company with the state of Florida.
At the same time we stopped making payments with the balance of about $5000 on it.
In the mean time we move to other location and we did not receive any bank statements any more.
Between 2005 and 2007 I have received few collection letters from few different collection agencies from out of state, but I did not responded to it.
But recently I have received a collection letter, with my personal name on it only (no business name on it), from a lawyer also out of state, with a demand of immediate payment of almost $10,000.
I have a 30 days for dispute or validation of this debt.
Like I said this is a letter not a summons.
So my questions are as follows:
1. Does this debt is business or personal ?
2. Does this debt is under the Federal Fair Debt Collection Practices Act or not ?
3. Do I have a chance to fight it ?
4. Do I have to response to this letter or not, and how ?
5. What I can do if I have no any records ?
6. Am I immune because of business dissolution ?
Any response will be greatly appreciated.
Thank you very much for your time and expertise in advance. I'm very grateful.
Best regards.
P. S. Of course I can afford to pay this business debt.
The Bank never reported this debt to any personal credit report agency. I did not see this debt on my credit reports.
I need an advice about business debt collection.
In the beginning of 2004 I opened a business credit card account with a big national bank.
On a credit application I putted my business name (registered with a state fictitious d/b/a name) and I signed this application as a member/manager, officer and guarantor with my social security on it.
An owner of this fictitious d/b/a company was my regular small corporation LLC also registered with the state of Florida.
I was a member/manager of this LLC (ex. One Dollar Enterprise LLC) company jointly with my wife.
Credit card was issued on a fictitious business d/b/a name (ex. One Dollar Store), but monthly statements showed both names, fictitious business name and personal name, for example:
"One Dollar Store (fictitious name)
John Smith
and an address".
At the and of 2004 we sold the business (with about $30,000 loss) and we dissolved an LLC company with the state of Florida.
At the same time we stopped making payments with the balance of about $5000 on it.
In the mean time we move to other location and we did not receive any bank statements any more.
Between 2005 and 2007 I have received few collection letters from few different collection agencies from out of state, but I did not responded to it.
But recently I have received a collection letter, with my personal name on it only (no business name on it), from a lawyer also out of state, with a demand of immediate payment of almost $10,000.
I have a 30 days for dispute or validation of this debt.
Like I said this is a letter not a summons.
So my questions are as follows:
1. Does this debt is business or personal ?
2. Does this debt is under the Federal Fair Debt Collection Practices Act or not ?
3. Do I have a chance to fight it ?
4. Do I have to response to this letter or not, and how ?
5. What I can do if I have no any records ?
6. Am I immune because of business dissolution ?
Any response will be greatly appreciated.
Thank you very much for your time and expertise in advance. I'm very grateful.
Best regards.
P. S. Of course I can afford to pay this business debt.
The Bank never reported this debt to any personal credit report agency. I did not see this debt on my credit reports.
