I had a restaurant which i closed down as it was not running well. I lost most of my savings in it. I was not making break-even. I had to close it down after a year and a half. I notified my merchant for credit card services and tele check a month before i closed down the business that my restaurant went out of business and i returned all their equipment. Then few weeks later i received a letter stating that i need to return the equipment (which i already did because i have the certified mail received). After i got the letter, i wrote another certified letter giving them the date and time the equipment was delivered to them. They still kept on denying that and had been incurring late fees and monthly fees. Now they sent the file to collection agency. Please tell me what to do?
Debt Collection Attorney
Send the collection company a cease and desist letter and a demand for verification of the debt. Upon receipt of the letter they will have to stop calling you or they will be violating federal law.
William Fife is an Attorney with Fife & Cesta, a compassionate firm conveniently located off the US 60 in Mesa, Arizona. The answers given here are based on the information in the question; for a complete answer you should have a consultation with an attorney you trust. Call now for a free bankruptcy consultation. We carefully evaluate your situation and give you real advice.
I am a Connecticut and New York licensed attorney. My practice is based out of Stratford. Because these debts are business related and not of a personal nature, the Fair Debt Collection Practices Act may not apply. However it may still worth be asserting this as they are filing on your credit report. The filing on the credit report does trigger a possible violation of the Fair Credit Reporting Act if the debt is a wrongful reporting. You need to consult with an experienced consumer attorney. My best guess is that a demand/ cease and desist letter from a lawyers office may resolve your issues. I believe the Consumer Law Practice is close to your area. You may wish to contact Attorney Daniel Blinn.
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Administrative Law Lawyer
Beyond the prior answers, I suggest sending a photocopy of your certified mail receipt along with the demand for them to cease. It is also important to note whether you signed for this contract personally as against signing as a corporate identity? This may well affect your ability to sue for their debt collection practices.