What Happened

Joe inherited a business from his father and is unsure of any debts the company may have had. Joe is getting collection letters from a finance company claiming his business owes it money.  Before Joe formally took over, he did an asset purchase agreement for the assets of his father’s company.  He wants to avoid paying the finance company back.

AI.LAW spotted the following potential claims

1.  Breach of Contract: If Joe’s father’s company had a contract with the finance company and failed to pay the debt, the finance company may have a claim for breach of contract against the company. Joe may be liable for this debt if he agreed to assume the debts of the company in the asset purchase agreement.

2.  Fraudulent Transfer: If Joe knew about the debt owed to the finance company at the time he entered into the asset purchase agreement and structured the transaction in a way to avoid paying the debt, the finance company may have a claim for fraudulent transfer. This is a claim that arises when a debtor transfers assets with the intent to defraud or hinder a creditor.

3.  Unfair Debt Collection Practices: If the finance company is engaging in unfair or deceptive debt collection practices, Joe may have a claim under the Fair Debt Collection Practices Act (FDCPA). This federal law regulates the behavior of debt collectors and provides consumers with protections against harassment, threats, and other abusive tactics.

4.  Consumer Fraud: If the finance company made false or misleading representations to Joe about the debt or engaged in other deceptive practices, he may have a claim for consumer fraud under state or federal law.

5.  Breach of Warranty: If the asset purchase agreement included warranties or representations about the assets being sold, and those warranties were breached, Joe may have a claim for breach of warranty against his father’s company.

AI.LAW Suggests Possible Follow Up Questions to Include

1.  What type of debt is the finance company claiming that Joe’s business owes?

2.  Did Joe assume the debts of his father’s company in the asset purchase agreement?

3.  Did Joe have knowledge of the debt owed to the finance company before he entered into the asset purchase agreement?

4.  Did the asset purchase agreement include any representations or warranties about the assets being sold?

5.  Did the finance company engage in any unfair or deceptive debt collection practices?

6.  Was the finance company licensed to collect debts in the state where Joe’s business is located?

7.  Did the finance company make any false or misleading representations about the debt owed?

8.  Did Joe receive any notices of the debt owed from the finance company prior to the collection letters?

9.  Did Joe attempt to contact the finance company to dispute the debt owed or request verification of the debt?

10. Is there any evidence that Joe intended to defraud or hinder the finance company when he structured the asset purchase agreement?