A collection agency is trying to collect on a bill from a dissolve business. I need to know how to handle this. When they call me which you know they are mean and nasty I have not said anything. The only thing they care about is collecting the money. where do I go with this information
I did not hire this company a managing company of a apt hired them.How would a company be an expert at doing a job if they been dissolve yrs ago by SOS but is still working. Am I still responable for this bill if the company is dissolve in the legal eyes. Thats why I did not no what to do about this situation
Real Estate Attorney
You can simply write them a letter stating that the business they are seeking to collect from has been dissolved. You can also instruct them to cease contacting you. Collection agencies are required to stop contacting you if you instruct them to. Of course, if you are liable for the debt even though the business has been dissolved, and if the statute of limitations has not expired, a collection agency could file suit to collect the debt. But short of that, if you tell them to stop contacting you, there is not much else they can do. If they continue to harass you, you should speak to an attorney who handles debt collection violation cases (some bankruptcy attorneys and some consumer protection attorneys take these kinds of cases). If they are being really mean and nasty, they may have already violated fair debt collection laws. I'm including a link to a page of my website talking about this issue.
Even though the business is dissolved, they can continue to attempt collections. If the business was not incorporated or if you signed a personal guarantee, then they will likely begin personal collections once they realize that the business no longer exists.
Debt Collection Attorney
Tell them the company is dissolved. Write them also with this information. The more important question - when the company was dissolved, did it have any assets? Where did these assets go? Why was it dissolved? The creditor is going to want to know these answers because they are going to want these assets if they can get to them. In addition, sometimes when a company is dissolved, the department of corporations requires that an individual accept personal liability for the company's outstanding debts. Did this happen in this dissolution? Lots of questions need to be answered still.
Disclaimer of California Attorney
Although the above response is believed to be accurate, it should not be relied upon as any type of legal advice because the information provided is incomplete. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. No attorney client relation is formed with me without a written contract.
Joshua P. Friedman
Disclaimer of California Attorney Although the above response is believed to be accurate, it should not be relied upon as any type of legal advice because the information provided is incomplete. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. No attorney client relation is formed with me without a written contract. Joshua P. Friedman email@example.com www.losangelescollector.com