I have a company sending me debt collection notices with my real info claiming I gave a personal guarantor for a loan to an LLC that I never owned or was a part of. They are threatening to take my vehicle and bank accounts. What should I do? What kind of lawyer do I need?
You should demand a copy of the alleged guarantee agreement. If the claim is a mistake or a scam, that should put an end to it. If they persist or produce a guarantee agreement executed by you, you should retain the services of an experienced Business or Debt Settlement Attorney.
The foregoing discussion does not establish an attorney-client relationship, is qualified by the limited facts presented above, and should not be relied upon as legal advice. To obtain definitive legal advice upon which one can rely necessitates retaining an attorney who is qualified in this particular area of the law.
I agree with Attorney D'Esposito. If the company is a legitimate enterprise, it should have no problem providing you with the documents on which they are relying to support a claim against you, as well as information that will verify the business' legitimate existence. If this is not a scam but a genuine litigation threat or attempt at collection, you should consider retaining a consumer law or commercial litigation attorney. Use Avvo's "Find a Lawyer" feature if needed. Best regards.
Ohio law requires that any guarantee to pay the debt of another has to be in writing and signed by the person guaranteeing the debt. If you never signed a personal guarantee for the loan to the LLC, you cannot be forced to repay the loan.
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