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business debt

Sent to Legal Experts March 31 05:51 PM

We have a business debt of about $10k with a past vendor who was very good to us but would not settle for our minimum $250 auto deduct monthly payments and have now been contacted by a "private investigator" who gave us the name, phone number and case number of who to contact (a collection agency). This "private investigator" confirmed our address and advised that they were obtained to conduct an assets and liability investigation (or something like that) and that someone would or might be by to take photos of our location, might talk w/ our employees (it's only me and my husband), something about contacting our bank and vendors for records, etc. It sounds to me that this is a ploy to get us nervous to pay the debt which we would pay if we had the money. In any event, I'd like to know if this type of practice is typical and what rights we have as a business (sole proprietor) owner. Are debt collectors required to treat business debt differently from consumer debt? Is there a guideline manual that I could read and become more informed about business debt, etc.?   We do not want to secure an attorney because we agree that we owe the amount, we just cannot make a large payoff or large monthly commitment right now. Thank you so much. Tanya

 

Optional Information:
San Diego, California

Already Tried:
researching the Internet - I can only find info on cosumer debt, not business debt.

Customer (name blocked for privacy)
Answer
March 31 9:03 PM (3 hours and 11 minutes and 41 seconds later)
         
REPLIEDCheck Mark

Dear tanya,

This is not a ploy. It is a standard practice where collection activity has begun prior to going to court.

Asset & Liability Investigations accomplish two goals:

  • they provide financial profiles on debtor companies (solvency), and
  • second, they allow the person to whom you owe money to better determine the cost effectiveness of litigation prior to the initiation of a suit. By piercing the corporate (or private) veil of ownership, they are able to assist in determining what assets may be attached after a legal judgment has been granted.

The reason they would talk to employees, if any besides yourself, is to determine what assets belong to the business and which ones are personal assets. They are often done in secret in order to preclude anyone from hiding assetts.




YOUR PAYMENT AND BONUS IF ANY MAY BE TAX DEDUCTIBLE

Edward M. Johnson
Reply
April 1 2:57 PM (17 hours and 54 minutes and 41 seconds later)
         
Reply to Ed Johnson's Post: I was hoping you could address my other quesitons I posted - Are debt collectors required to treat business debt differently from consumer debt? Is there a guideline manual that I could read and become more informed about business debt, etc.?
Answer
April 2 12:57 PM (21 hours and 59 minutes and 14 seconds later)
         
ACCEPTEDCheck Mark

Dear tanya,

Business debt is treated in the same way as personal debt.

The process of collecting debts for debt collectors is the same, regardless of whether it is business or personal debt. For example, notification process, filing for judgement or summary judgements in court, etc.

However, what changes depends on how your business is estabished. Generally, if you are incorporated, your personal assetts are, for the most part, protected from attachment. The business debt is treated separately from your personal debt. However, if you are "DBA" "doing business as" without any protections of incorporation, your personal assetts may be at risk.

I am out of town for the moment. I have a book in my personal library that talks about business debt.

I will forward you the information when I return.

ejohnson108@comcast.net




YOUR PAYMENT AND BONUS IF ANY MAY BE TAX DEDUCTIBLE

Edward M. Johnson
Reply
April 3 5:51 PM (1 day and 4 hours later)
         
Relist: I still need help.
If the PI appears to have already visited our home office (we saw a vehicle in front) but no legal papers have been served to us yet, would you say it is not too late for us to contact the vendor with whom we have a delinquent account with in hopes of one last shot at securing a payment arrangement?
Answer
April 3 6:37 PM (46 minutes and 21 seconds later)
         
ACCEPTEDCheck Mark

Dear tanya,

If you have not been served, it is not too late to contact the vendor for payment arrangements.

In fact, you need to make a record of all your attempts to reconcile this debt with the vendor. Copies of emails, witness statements, and records of conversations are important.

A detailed diary of the events would be helpful.

Also, writing a letter to the vendor, where you outline the dates and times of your attempts, and a statement such as:

Dear.....[name of individual], in the past we have contacted you regarding our debt of [amount of debt] for [services or prducts], to set up a payment plan.

We are grateful that you have allowed us to pay a part of the debt in the amount of [state amount] over the past [number of weeks and months].

However, you have lately refused to negotiate with us on this issue. We are attempting to make arrangement to pay the balance of the debt in terms we can both agree too. However, you have not responded to our requests.

We would appreciate it if you would contact us regarding the payment of the debt.

Tanya, this sample may not fit your situation exactly. However it should give you an idea of how to respond to him.

The only thing you need to be aware of is that by writing this kind of letter, while it proves to the court that you have attempted to resolve the debt and it helps the court to see if the merchant is unresponsive, it also shows that you acknowlege the debt.

It is a difficult decision, but if you acknowlege the debt, then the idea is to show the court that you have made a good faith effort to resolve it. Most courts, in rendering a judgement, do not want to see a small business go into bankruptsy or close up shop in situations where they are trying to resolve the debt but the merchant is uncooperative.

The merchant, in most states, must show good faith bargaining in resolving these kinds of issues before taking it to court.

The bottom line: Give it one more shot, but do it in a way that documents your attempt, and summerizes past attempts to reconcile the issue. You should also doucment the payments you have made to date.




YOUR PAYMENT AND BONUS IF ANY MAY BE TAX DEDUCTIBLE

Edward M. Johnson
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