Legal Question in Credit and Debt Law in California
Being sued for Employer's credit card debt
The law firm representing a collection agency has contacted me concerning a debt that my employer never paid on a company card. I am no longer employed by this company. The debt was for travel expenses for business trainings. I do not see how I am liable for this debt and question why they are suing me instead of the company. They claim that I need to pay them and recoup the money from the business. I am at a loss as to how to respond as my name was on the card and I did make the purchase, but it was for a company expense.
3 Answers from Attorneys
Re: Being sued for Employer's credit card debt
You should not be held responsible but will need to file an answer and assert your defenses. If you still need assistance, feel free to contact us.
Yours truly,
Bryan
Becker Attorneys
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Re: Being sued for Employer's credit card debt
You need to respond to the complaint and file a cross-complaint against the company for indemnity and contribution. You may also want to contact the Employment Development Department to report the employer.
Re: Being sued for Employer's credit card debt
You will very likely win the cases: this lawsuit the CA filed against you, the Fair Debt Collection practices lawsuit you will get to file against the CA, and the lawsuit against the employer. First you should have a lawyer write to the company, if they still exist, demanding that they pay the debt and if not you'll sue. Then, you need to respond to the complaint within 30 days after you receive it -- you must not speak to the other lawyers!! You will need to pay a lawyer to defend the suit, my fees for defending this type of suit are very reasonable and assuming you win you will get your attorney fees paid by the CA and/or your former employer, plus possible damages.
I disagree with attorney Roy Hoffman that it would be useful to contact the Employment Development Department. The Labor Commissioner, not the EDD, handles wage claims: but you are better off using your own attorney.
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