Re: Re: Re: Judgement Against LLC? Well, I responded by disagreeing with the amount owed, there claim that "despite demand, the amount remains unpaid".... yadayadayada. After I stopped making payments to Home Depot, I heard nothing for a year. I had no idea that Sherman Acquisitions had bought the account , and they never sent statements or bills. Now they decide to sue. We'll see what happens, I suppose. Ken
Re: Re: Re: Judgement Against LLC? now here's where you need the people who know the FDCPA by heart (i'm not one of them) to step in. i'm thinking counter-suit if they failed to notify you it was being sent to collections, but i think there probably other violations. how much are they suing you for? anybody out there who can help w/fdcpa?
Re: Re: Re: Judgement Against LLC? They are suing for about 4,800.00 plus "attorney's fees" and "court costs". Basically, here's what happened. I stopped paying Home Depot. Never heard anything else after the phone calls stopped. A year later, my mother is served with papers from an Attorney in my state representing Sherman Acquisitions. Now, had my mother not given me the envelope, how would I know I was being sued? I sent Sherman a nasty letter quoting the FCRA and FDCPA and haven't heard anything. The LLC has no assets, no bank accounts, basically dead. I suppose I should formally kill the LLC with the State. Anyone have any knowledge on doing that? Ken
Re: Re: Re: Judgement Against LLC? i'm getting off the computer for the night. let me give it some thought and maybe put a call into my lawyer to get his opinion. hopefully someone here who has memorized the FDCPA will post
Re: Re: Re: Re: Judgement Against LLC? SHOW UP!!! OTHER-WISE they will get a DEFAULT JUDGMENT against you...even if the LLC has no assets and is out of business and you were NEVER A GUARANTOR...
Re: Re: Re: Re: Judgement Against LLC? George, They'll get a default judgement against the LLC, not me. I never signed anything to get the account, in fact, it was on line. LOL. Ken
Re: Re: Re: Re: Re: Judgement Against LLC? You can COUNTER SUE for your time involved in going to court... "IF" you skip it...I think you may regret it... They will "TRY" to get it from you...YOU WILL PROBABLY END UP WITH IT ON YOUR CREDIT REPORTS... (NOT A COURT EXPERT OR LLC EXPERT)
Re: Re: Re: Re: Re: Judgement Against LLC? On my personal credit reports? I can't see how they could go after me as an individual. I wasn't the only member of the LLC. I just happen to be listed as the Agent For Service on the LLC filing. We'll have to see what happens with the court. Ken
Re: Re: Re: Re: Re: Re: Judgement Against LLC? THEY WILL "TRY" It may not be that easy to remove it...
Re: Re: Re: Re: Re: Re: Judgement Against LLC? I would be careful about dissolving th LLC now, it may look fishy later. Also, as far as the FDCPA, the CA has to prove that they did in fact notify you in writing that they were trying to collect on the debt either as servicers or as aquisitioners from Home Depot. They also must have stated in writing the mini miranda. I am sure they did not send that CRRRR or anything else traceable, if they did in fact send it. That would have been the 1st 30 day period that u would have had to have them validate the debt. That is FDCPA Sec 809, Validation of debts. That may be a long shot in court but again, they say you owe this debt, therefore they must prove it, as well as prove they notified you prior to the court suit I beleive. That looks like the only possible violation of the FDCPA at this point, as far as I can see however I think you should still get legal advice.
Re: Re: Judgement Against LLC? I cant offer much other than to say you really should spend a few dollar's and consult an attorney or at least show up for the proceedings. Left unchecked, who knows what a collection attorney could do! Do you really want to wake up 6-months from now and find out that your parent's house has a lien on the property as a result of a default or summary judgement? Michael
Re: Re: Re: Re: Judgement Against LLC? All they have to do is stick it in the door or drop it on the porch floor etc.
Re: Re: Re: Re: Judgement Against LLC? Now, had my mother not given me the envelope, how would I know I was being sued? kenwjones =================You wouldn't: That's why default judgments are a sham """"""""""""""""""""""""""""""""""
I think the thing that folks are missing here is that the FDCPA and the FCRA does not apply to a business.
Well, I highly doubt they could place a lien on the house, since the business had no association with the property, and I have no association with the property.
Re: Re: Re: Re: Judgement Against LLC? The question of service is now a moot point since you answered the complaint; the court now has jurisdiction. I know it's hindsight, but your first response to the complaint should have been a motion to quash the summons. If your answer had language like I'm not the debtor, the LLC is or Sherman sued the wrong party, etc., then you might still be able to get this dismissed. You really should consider--at the very least--consulting with an attorney. If you litigate this, and Sherman somehow gets a judgment against the LLC, there really isn't much for them to attach or execute on. What they may try to prove is that you (through the LLC) fraudulently obtained the materials from Home Depot. If they can prove fraud, then they pierce the veil that the LLC protects you from. Hence, you're naked and they can come after your assets. But they can't attach anything that does not belong to you. Your parents' home is safe.
I had (have) 50% ownership, though the other guy was pretty much silent the whole entire time. If they receive a judgement, what steps would they take from there to try and prove it was me, fraudulently purchasing materials through that account? In their eyes, I am only known as the Agent For Service. My name never appeared on any account documentation for that credit account. Ken.
As far as them trying to come after me personally, they'd have to find me first. They don't know where I live. Common last name doesn't help them either.
