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    Default Successive Collection Agencies

    My question involves collection proceedings in the State of:
    Massachusetts

    A series of collection agencies have contacted us regarding an AMEX account. Each time, we tell them we are represented by an attorney. The attorney corresponds with the collection agency and receives letters, telephone calls and emails from the collection agencies. Each time, the attorney requyests a copy of the documentation of the basis of the claim (this is a corporate account where they are trying to get an employee to pay the claim). They can produce nothing with our signature, but say they can collect it if they have a social security number. The next collection agency says they can call us directly because they are a different collection agency. American Express calls us now also, even though they have a collection agency and they say they can call us all they want until they have a letter from the attorney. The attorney calls them and they tell her that they can call us all they want becuase the account is with a colleciton agency. American Express says they have nothing with our signature, but says that they can sue us anyway. I'm told that the Massachusetts law is that we can't be sue for the debt of another (the corporation) unless there is a signed agreement. American Express says that a signature on one sales slip is enough to get us for the whole company debt. True? Can they jsut keep sending one collection agency after another and say they don't know anything about the attorney?

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    Default Re: Successive Collection Agencies

    Quote Quoting Worcester resident
    View Post
    My question involves collection proceedings in the State of:
    Massachusetts

    A series of collection agencies have contacted us regarding an AMEX account. Each time, we tell them we are represented by an attorney. The attorney corresponds with the collection agency and receives letters, telephone calls and emails from the collection agencies. Each time, the attorney requyests a copy of the documentation of the basis of the claim (this is a corporate account where they are trying to get an employee to pay the claim). They can produce nothing with our signature, but say they can collect it if they have a social security number. The next collection agency says they can call us directly because they are a different collection agency. American Express calls us now also, even though they have a collection agency and they say they can call us all they want until they have a letter from the attorney. The attorney calls them and they tell her that they can call us all they want becuase the account is with a colleciton agency. American Express says they have nothing with our signature, but says that they can sue us anyway. I'm told that the Massachusetts law is that we can't be sue for the debt of another (the corporation) unless there is a signed agreement. American Express says that a signature on one sales slip is enough to get us for the whole company debt. True? Can they jsut keep sending one collection agency after another and say they don't know anything about the attorney?

    First off, the ones responsible for the card are the original signers on the account and all officers of the corporation. If an authorized user was on the account they can not be held liable with most cards, however, AX has a clause on certain business accounts that the AU needs to sign stating that they will be responsible for the debt as well.

    I am not sure what the empolyee signed actually. They may have signed a authorized user form that promised payment for the debts as well. I have seen those forms from AX they are out there.

    All AX authorized users have to give their social security numbers to AX or they can not have the card. That is how they obtained the number, from the original business that had the card. I am sure AX will sue everyone, including the authorized users, they are known to do this.

    Since you have a lawyer represnting you, it is best to let him handle the defense once that happens as well.

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