Legal Question in Business Law in Minnesota

Harassing phone calls to collect money

At the start of my business, my ex-partner's friend loaned us money to make a large purchase. The agreement was verbal between the two of them and not myself. Since then, my partner has quit the business making it a sole proprietor. The friend that he had borrowed money from has now been calling and leaving threatening, vulgar phone calls at both my business and home. First of all, what do I do about the phone calls. Secondly, without actual proof of this agreement since it was not with myself, can he still actually go after me for the balance of the money owed to him? Does he have to have proof of this?


Asked on 3/06/06, 12:37 pm

1 Answer from Attorneys

Vincent W. King Vincent W. King, PA

Re: Harassing phone calls to collect money

If it really is a partnership, then if the loan was to the partnership rather than to your ex-partner it is possible that the partnership is liable for the debts of the former partner. This means that if your partner left the business, you could possibly ultimately be liable for the debt (but as noted below, the answer to this question would depend on whether the loan was to your ex-partner, or to the business itself. Also, it is possible that the statute of frauds could protect you from personal liability for the debt). If, however, the business is a limited liability entity (for example, a corporation or LLC), it may be a little more complex. If there was no agreement by you that you would repay the money, then it is possible that the business could be liable but probably you wouldn't be personally liable. Again, one of the key questions would be whether the friend loaned the money to your ex-partner so that the ex-partner could invest in the business; or whether the loan was to the business itself.

Regarding the phone calls, consumer lending laws do provide some protection to consumers in conection with creditors' harassing phone calls, but this does not look like a consumer debt. If the calls are indeed threatening, you could go to the police or seek a restraining order in court.

All of this is pretty speculative and a more precise answer would be highly dependent upon the facts.

Standard disclaimer: The comments above are based on limited facts and should not be considered legal advice. We do not have an attorney-client relationship.

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Answered on 3/06/06, 1:18 pm


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