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personally responsible for business debts?

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Old Nov 9th, 2006, 12:52 PM     #1
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Confused personally responsible for business debts?

About a year ago, my marriage and my wife's family's business fell apart. Both have since ended. The business was in my wife's name, and operated by family members. I was an employee. They/she was resposible for filing for bankruptcy. Cannot get a straight answer from any of them, but don't believe they did. A year later, I am still being seriously harrassed by collection agencies for bad debts, and the county's District Attorney office for customer deposits that were never returned. I am beling held responsible for the debts because I either signed the check that "paid" these bills/debts, or signed a contract with a homeowner to do work for them (which obviously was not done). I have already made arrangements with the DA's office to pay back the consumers (not because I feel that I should, only because I feel that it is the right thing to do.) However, I cannot handle these collection agencies. What rights to I have? Every collection agency is stating that regardless of whether the company is bankrupt, the debt might be "forgiven" but the "action" of signing the check will not be forgiven. Each and every one of them want to come after me for fraud. What am I to do?
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Old Nov 10th, 2006, 09:44 AM     #2
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Default Re: personally responsible for business debts?

You normally are not responsible if you were just an employee. Especially if the company declared bankruptcy. Try to get a sworn statement from the company as to your status. You may need to file in court to clear it up.

See also marital debts: http://www.worldlawdirect.com/article/1560

WLD could help if need be.
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Old Nov 10th, 2006, 10:10 AM     #3
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Confused Re: personally responsible for business debts?

Getting a "sworn statement" as to the status of the company is next to impossible, considering who I am dealing with. Honestly, I don't think the company has declared. How can these collection agencies prove "fraud" when this was a legit business who dealt with the companies many times in the pass that are being represented by these agencies?

Also, is help available from WLD, and how does one go about speaking with someone regarding this?
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