Legal Question in Credit and Debt Law in Georgia

I was employed by a company that is in process of shutting down via bankruptcy. I currently work for a newly formed company that is owned by the former company's wife. Though I had no official purchasing or contracting power with the previous company (now either) a creditor is sending me multiple collection notices threatening legal action. Can I stop this harassment?


Asked on 11/01/16, 12:22 pm

1 Answer from Attorneys

I don't know why you are receiving collection notices. If this is the debts for the company, then the letters should be directed to an officer, director or registered agent for the company. Are you an officer, director or registered agent? If not, the proper thing would be to turn the letter over to the company and have their lawyer send a letter to the creditor and advise of the bankruptcy. If the insolvent corporation has filed bankruptcy its a big no-no to try and collect the debt.

Being an ordinary employee of the old and or new companies does not make you liable for the insolvent corporation's debts. Is there something which obligates you? If not, what I would do is send a letter via certified mail, to the creditor and advise that you are not liable for the debts of insolvent corporation and to direct any further correspondence to the insolvent company - an officer, director, registered agent or legal counsel and if the harassment continues then you will contact your own counsel. See if that works.

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Answered on 11/02/16, 8:53 pm


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