Legal Question in Business Law in Minnesota

business debt Trouble

I have a sole proprietorship in the US. A Death in my family took my away from working the business for a month or so. and now I have 2 outstanding debts with customers. on here in the US and the major issue in the UK. they have since posted a website and have begun contacting everyone and their brother to try and collect this debt. which I never denied or said I wouldn't pay back. As a result of the Family death I fell behind in a few areas of my life and cannot repay the debts in full but have started to repay in smaller payments.

i understand that being a business even though this could be considered a personal debt i am not protected under the Fair Debt Collection Practices Act Since it was a sole-proprietorship but never officially no business papers of any kind were ever filed. I am wondering what rights I do have, and is it legal for the company that is trying to collect this debt from me (not an actual collection agency but the actual company) to do and continue to harass me and use this website to advertise to the world what my debt is not to mention KILLING my business and dragging it through the mud and so on. as well as turn me into local authorities stating that I stole from them and so on. PLEASE HELP. thank you.


Asked on 4/12/08, 10:48 am

1 Answer from Attorneys
Maury Beaulier612.240.8005 Minnesota Lawyers

Re: business debt Trouble

You are protected under the Fair Debt Collections Practices Act as an individual, butthat provides protection from debt collectors. The website is not unlawful, but may constitute defamation if the information contained on the site is inaccurate.

It is unlikely to become a criminal matter since ther is a sutable civil remedy at law.

You may wish to seek bankruptcy protection.

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Answered on 4/13/08, 12:21 am


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