Legal Question in Credit and Debt Law in Utah
business debt collections
My father owns a business at which I help him. Somehow two collection agencies have gotten me listed as the dba and I have been summonsed to respond for his debts. What can I do to force the agencies to remove my name and the results from my credit? Do I have a case to countersue the agencies for incorrectly causing me greif and for my time in having to respond to these ridiculous suits?
2 Answers from Attorneys
Re: business debt collections
You will have to respond to each summons, or default judgment will be grantad against you. In your answer you deny responsibility and list as an affirmative defense that you are not the proper defendant. If you can prove you gave the collectors the correct information you might get attorney fees for your defense. You should have your father contact the collectors/attorneys and explain to them that you are not liable.
Re: business debt collections
you should definitely respond to the complaint against you accordingly in order to avoid a default judgment being entered against you, or in the alternative get the judgment set aside for improper party of interest here, if the case has gone beyond the pleadings phase already. however, if it has not, you should counterclaim against the plaintiff(s) here for defamation and/or invasion of privacy (false light) for falsely publicizing erroneous claims against you, either intentionally or negligently.