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Can a collections comapny report business credit card debt on your personal credit?

I asked a question on here earlier about an ex-co-worker and got no answers. It was very thorough. The bottomline is she had a failed home based business. She opened up a few business credit cards (two office supply stores and a gas card). She owes $1,200 on one of the office supply store cards and the collections agency has been hounding her for payment. It is my understanding that she opened these cards using her Tax ID Number, and made it a point not to issue a personal guarantee because she didn't want the business credit to be tied into her personal credit. The credit cards were issued under her business name, or, d/b/a rather (which is the company name). After several attempts of trying to get her to commit to a payment plan, the collections agency told her they were putting her down as a refusal to pay even though she never said that. We live in the state of Texas ... what is likely to happen to her next? I have no experience with legal laws, etc. I'd also like to add that she said they were naming off accounts from her personal credit report, and asked why she isn't able to pay off the debt with them, although everyone else is being paid on time. They also mentioned her ex-husband and asked if he was still employed. They have been divorced for two years now.

2 months ago - 1 answers

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Real business accounts do not report to consumer credit bureaus and won't show on personal credit reports. Business debts have different rules and do not have to comply with the FCRA and FDCPA which govern consumer debt. That does not mean that collection agencies cannot come after her for payment. It is very unlikely that she got those business credit cards WITHOUT signing a personal guarantee, especially if the business was a dba. I worked for a large national company and the office supply store required someone to sign a personal guarantee to get an account. If her company was only a dba, she's still personally liable for the debt. Depending on the collection agency, they may just hound her or sell the debt off to another collection agency or they might sue. If the sue and win a judgment, they would be able to attach your bank account and lien her property. I don't believe Texas permits wage garnishment.

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by bdancer222

2 months ago

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