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proof of debt


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Posted by egon (207.69.136.204) on August 14, 2004 at 18:17:21:

I had an American Express business card, that I honestly thought was not linked to my personal account. The business went bankrupt and they are now coming after me for charges made by associates.

My position has been that they never informed me that the charges were personal and guaranteed by me. The truth is that we had the money to pay off the debt but I never did because I thought it was a business debt. If I had known that I was personally responsible I would have settled this before we went out of business.

I have told then that if they showed me a copy of the credit application with my signature on if they gave me a copy of the phone conservation, where they informed me the business card was personally guaranteed I would pay, but after 4 years they have failed to do so.

If they sue me, won't they have to show proof of the debt and furnish the credit card application? To the best of my recollection, the application was done over the phone and I never signed anything.


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