I left the employ of a company 4 years ago that has since gone out of business. While I was employed there I was given a company credit card with my name on it to make purchases for the office such as office supplies, etc. The card was surrendered at the time of my termination. Last week I was contacted by a collection agent attempting to collect the unpaid balance. Is this my responsibility? Thank you in advance for any advice you can give me.
Workers' Compensation Lawyer
As long as you did not sign an agreement with the credit card company promising to personally guarantee the company's debt on that card, you should not be liable. The facts given suggest you were simply an "authorized user" of the company's credit account. If you have any reason to believe that you signed the credit agreement for that company, you should contact an attorney immediately to discuss your rights and responsibilities.
Collection agencies will often call to try to collect from folks that do not actually owe the money, but can be tricked into believing they do. Looks to me like that is what is happening here!
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3 lawyers agree
As my colleague suggests, you've probably got some defenses to the collection agency's claims but you're going to need to defend yourself. Get yourself good legal counsel and let them handle the matter.
Evan A. Nielsen
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Evan A. Nielsen is licensed to practice law in California. The information provided here is for educational purposes only and is not intended as legal advice for a particular matter. This response does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult an attorney.
I would start by demanding verification of the debt. The collection agency needs to be able to prove that you are/were personally liable on the debt. If you ever signed the original contract or cardmember agreement then you might be personally liable. Do you have anything that states when your employment with the company terminated? I would take any documentation that you have to an attorney to review your options.
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