I just received a message from a guy who says he is investigating a fraud case for someone or a company named H.L. Hastings, and he also referred to Abram, Edwards & York, a collection agency in Arizona. This is obviously an attempt to collect a debt from a company I own, but I'm not sure where the fraud part comes in. I produce public festivals, and recently had one go horribly wrong. I lost a lot of money, and am doing everything possible to keep the company out of bankruptcy. I have told those to whom I owe money that I will try to pay them as I generate more cash flow from the next event. It's a little scary to have an investigator call when I am an honest guy trying to start a business in a trade that I really like. I never intended things to go so wrong, and the company is not making money right now, so I have no way to pay off any of the debt. I could use some advice and encouragement that I'm not going to be thrown in jail for something I don't even know I've done.
Have you been contacted by the orginal creditor.There not aloud to make false or misleading statements/buy a recorder record the message.If you can don't talk to them until you receive a letter from them than dispute it.Only deal with them through the mail.Don't let them BULLY you.You have rights.
Thanks for the reply and information. I guess I'll find out tomorrow when they call to inform me of the case and investigation. I appreciate you taking the time to comment. I did save the message on my voice mail.
There probably is a case number on their computers but that's as far as it goes. The title of investigator is nothing more than somebody's idea of how to scare people into paying because it sounds kind of official. They can do things to attempt to scare people with impunity in this kind of situation if it is a business debt but not if it is a consumer related debt. Business debt falls under the Uniform Commercial Code or UCC and has no equivalent of FDCPA to protect business owners. Some states do have what are known as UDAP laws which might have some protections. You would have to check your state to see what your state law says on that but basically you have no real protections in business law. That still don't mean they can throw you in jail. Don't let them intimidate you with phony names and abusive practices even if the law has no protection for business debts.
The latest on the situation So, I just got off a lengthy call with H.L. Hastings, who is an attorney with Abram, Edwards & York. They are attempting to collect an amount owing for services rendered to my company during our last festival. Basically, I hired a company to provide tents, canopies, staging, etc., and I gave them a 50% deposit for the estimated amount. After the show went so poorly, I was barely able to pay the temporary laborers who helped out during the event. Needless to say, I was unable to pay this company, along with a long list of other balances owing. I'm trying to hang on and not file bankruptcy, which causes everyone to lose. This guy (Mr. Hastings) tells me I now owe $12K instead of the original $7K that I owed at the end of the festival. He also said they will be sending an investigator to my office, to my bank, and to other exhibitors who participated in the event, in an effort to find out who I really am, and I am running a legitimate business. This feels very wrong to me, and it doesn't seem like they should be able to get information from my bank (although they will find me owing the bank for fees as well). I guess I'm not really sure why I should even try to continue this business, or even if I can if companies are not willing to wait for their money.
Pish posh, tell him he can investigate you all they want. Who you really are is likely in the contract for the equipment vendors in question. Tell him you "aint skeered" Banks have privacy laws - they aren't handing out info to any wannabe gumshoe that asks. If in doubt, call your bank, and talk to an officer to make sure. You might visit with a business law attorney. Maybe you can survive under a BK11 (Its a Chapter 13 for businesses). It will hold the creditors at bay while you get your business back on its feet. Ask The Donald, who likes to file it. The worst thing that happens is it converts to a liquidation if you don't. What type of business? Sole? or what? Are you personally liable for any of the debts? Just remember - debtors' prisons went the way of the dinosaur.
Kojack died so that lolly pop died with him!These guys are either ex-cops who got fired or guys who couldn't pass the pd test.If their's no public record there's not much they can dig up.I mean what's he going to find a ticket you forgot to pay.Don't worry about him.Just keep on going in trying to save your business.Chap 11 is an option!
