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Question
I dissolved my llc (subchapter s) almost three years ago and had credit card dept which was not paid. The collection letters started and I spoke with an attorney who contacted the company and asked for proof of a personal guarantee, which they never provided. This was two years ago and it seems that this debt keeps getting sold to collection agency after agency. Apparently there is no "personal guarantee" or someone would have sent it by now. How can I make this stop for good. I think this is the third or fourth agency going after me and none have provided any info other then I owe money.
Scott, you sold your collection agency which was an LLC 3 years ago? You should contact your closing attorney or the attorney that dissolved your agency and find out if the A/R or any debts were sold with the agency or if you were going to be responsible for those debts. Normally you would be responsible, once you sell a business or close a business, that does not make any of the debts go away. They still need to be paid and are normally paid by the principals or owners of the company. The debt will continue to be pursued until payment can be obtained, it will also be reflected on your credit report unless as I said, you sold the A/R and any debts with the entity. Check with your attorney regarding the sale and then ask them how you can set up payments or resolve the debt, you may also be able to pay a settlement amount to pay off the debt in full for less than what is owed. That depends on the situation and the company you owe the money to.
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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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