What to do if we are being hounded for a past due bill that our former employer owes?

UPDATED: Dec 23, 2011

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What to do if we are being hounded for a past due bill that our former employer owes?

We keep getting calls from an attorney in regards to past due bill for a company both my husband and I worked for and they are saying we need to pay the bill. We have forwarded all information to prove we did not own the company. What do we do?

Asked on December 23, 2011 under Employment Labor Law, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You can either--

1) Continue to not pay, waiting to see if you are sued--you can't be forced to pay without legal action being taken. If you are sued, you would defend yourself in court by providing evidence you are not liable for the bill; you might also try to counterclaim for your legal costs.

2) You could affirmatively bring a legal action yourself to settle the matter, seeking a "declaratory judgment" from the court that you do not owe.

Note: be sure that you don't in fact owe the money. Was it for company credit cards you and your husband used? If so, you could actually be liable for it. There are other situations, too, where an employee could be liable--if the employee acted outside the scope of his or her employment; if the employee guaranteed the debt; etc.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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