Legal Question in Credit and Debt Law in Florida

Business credit card collections

Hello,

My ex box gave me a business AMEX card to make office purchases on. The card had the company name and my name on it. I did not submit any information for a credit check nor sign a personal guarantee.

Since then he has defaulted on this account. The collection agency is now hounding me at my new place of business, telling me that I am responsible for the debt.

Is this true?


Asked on 4/09/09, 4:23 pm

1 Answer from Attorneys

Raymond LaBella LaBella Law, P.L.

Re: Business credit card collections

Well, I hate to give you a lawyer's answer, but it depends. Company credit cards can go both ways, so it really depends on how the account was set up, and that documentation could be in a combination of locations. Your former employer may have some and, of course, the credit card company would have the rest.

Either way, if the charges that were placed on the card were business expenses for the employer, then the employer would be liable for the debt. If the employer failed to pay and it has affected your personal credit score, the employer could be liable to you for additional damages.

In the meantime, you have the right to demand that a bill collector stop calling you by putting the request in writing and mailing to the collection agency. It is called a cease and desist letter, and it doesn't need to be anything fancier than stop calling me at my home number and work number. You can check it out more on our website at www.LaBellaLaw.com.

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Answered on 4/15/09, 1:46 am


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