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Question
I work for a small company who signed a contract with a telephone servie provider that went under. I am just an employee - not an officer of the company, nor do I have authorization to sign any agreements. This collection agent has sent letters and emails with my name on them, threatening a lawsuit if the owner does not pay this bill. I have two questions:
1. How do I get them to take my name off of these communications (I called and told them but they have not done it)and
2. Are we protected under the Fair Debt Collection Practices Act - meaning, can I send them a certified letter demanding that they quit contacting us until we get this dispute settled?
Thank you
Kathy,
The owner will have to deal with them rather than you.
1. The only thing you can do is send a cease & desist explaining that the debt is not yours. Make sure to get copies of your credit report to be sure they did not report this to your credit history and if they did send the credit bureaus a copy of your cease & desist letter asking it to be removed since it is not your debt.
2. Business debt is not covered under the FDCPA, this debt is the owners, not yours so when you say "Are we protected" it really has nothing to do with you as an employee. If you send them a letter or have been sending them letters, that would explain why they have your name on the debt and have included you in the processes. Asking them to quit contacting you until the debt is settled will not help you, unless you have an agreement with them on the settlement or payment plan.
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Answers by Expert:
Michelle Dunn
Expertise
As one of the Top 5 Women in Collections, one of the Top 50 Collection Professionals, and winner of the Business Excellence award, I can answer any questions about debt, debt collection, improving business credit, creating a credit policy, enforcing a credit policy and collecting on past due accounts. I can also answer questions in regards to starting a debt collection agency since I have been a bill collector for over 24 years, started and ran my own collection agency for 8 years, and maintain my 12 year old Credit & Collections Association for members of the credit & debt collection industry. I am also the author of the popular and award winning book "Starting a Collection Agency, how to make money collecting money" now on it's 3rd edition. This book has won a the Writers Digest self published award as well as the New York Book Festival Award. I am a repeat contributor to the Wall Street Journal, and have been featured on NPR, CNN, as well as many other national radio and television programs. I have also been featured in national publications such as the Wall Street Journal, Forbes, Smart Money, MSNBC and much more. I have 17 published books to my name and am an accomplished speaker and consultant. I currently write 9 columns for newspapers, magazines and online portals worldwide.
Experience
I have over 24 years experience in debt collection, I started and ran my own collection agency for 8 years and I am the founder & owner of my Credit & Collections Association that I founded in 1998. www.credit-and-collections.com
Organizations
My Credit & Collections Association, I was also a member of the American Collectors Association and Plymouth Chamber of Commerce for 11 years. I am a member of many writing groups as well as my local Women Inspiring Women chapter. I am a member of Know More Media as an expert for their blog on business credit.
Publications
Business NH Magazine, Smart Money Magazine, MSNBC, CNN, Forbes.com, The Wall Street Journal, Home Business Magazine, Entrepreneur Magazine and website, many books, newspapers and television programs as well.
Education/Credentials
I have written 17 books in my collecting money series and one for Entrepreneur Press called the Ultimate Credit and Collections Handbook. My newest book is being published by John Wiley & Sons in May titled, The Guide to Getting Paid, how to weed out bad paying customers, collect on past due balances and avoid bad debt. This book is also being sold to many colleges as a text book.
Awards and Honors
My book Starting a Collection Agency, how to make money collecting money won an award from Writers Digest and the 2007 New York Book Festival in the "How to" category. I have won 2 awards from Dun & Bradstreet and Governor Jean Shaheen. I was nominated as one of the Top 5 Women in Collections twice as well as having been selected as one of Collection Advisor's Top 50 Collection Professionals by my peers.
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