Almost 8 years ago, I owned a restaurant with my husband. It was incorporated. When we divorced, I left and he kept the business. Several years later, it went out of business.

At that time, we had a contract with a credit card machine company. It was a four year contract, where they would receive a percentage of the total credit card sales receipts. I signed the contract as an employee of the corporation. I was the manager of the restaurant.

Now, a bill collector is trying to hold me personally responsible for the remaining 13 months worth of sales receipts that they lost (at least 6 years ago) when the business stopped operating.

The bill collector claims that since I signed the contract, I was agreeing to be personally responsible for that debt.

They have been calling my house at all hours of the day, including Sundays, and claim that they are not bound by the Fair Credit Act because it is a "corporate" debt that they are trying to collect. They have implied to my father, who answered the phone, that they were just trying to stop from having to take me to court for this bad debt.

Is any of this true? Can I be held responsible for a debt incurred by the corporation? Are they allowed to harass me six years after the close of the business? When I left, the machine was still being used by the corporation.

I would appreciate any help.

No, since they are trying to collect this as a corporate debts, they can not try to make you personally pay. They are bound by collection laws, send them a written letter demanding they stop any contact by phone,
Next so what tell them to sue you, ( if they were going to do that, they would have by now anyway) If this is a corporate debt they can only collect from corporate money.

This is a low life credit collector, they are breaking many laws, and lying, which is common among many collectors,

Also try keeping a recorder by the phone, as soon as you answer, tell them the call is being recorded, and ask them to state their name and employee number at the start of the call, Bet they don't talk all that trash then.

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Originally Posted by amigosclub

Almost 8 years ago, I owned a restaurant with my husband. It was incorporated. When we divorced, I left and he kept the business. Several years later, it went out of business.

At that time, we had a contract with a credit card machine company. It was a four year contract, where they would receive a percentage of the total credit card sales receipts. I signed the contract as an employee of the corporation. I was the manager of the restaurant.

Now, a bill collector is trying to hold me personally responsible for the remaining 13 months worth of sales receipts that they lost (at least 6 years ago) when the business stopped operating.

The bill collector claims that since I signed the contract, I was agreeing to be personally responsible for that debt.

They have been calling my house at all hours of the day, including Sundays, and claim that they are not bound by the Fair Credit Act because it is a "corporate" debt that they are trying to collect. They have implied to my father, who answered the phone, that they were just trying to stop from having to take me to court for this bad debt.

Is any of this true? Can I be held responsible for a debt incurred by the corporation? Are they allowed to harass me six years after the close of the business? When I left, the machine was still being used by the corporation.

I would appreciate any help.

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Do you have the contract? How did you sign? Individually? For the Corporation? Depending on the size of the debt I believe I'd contact an Attorney -

And I certainly would tell them to stop calling. The suggestion that you say you are recording the call will probably end things right then and there but I would be prepared to be served with papers.