4 ms·
1. even if a company does business as an LLC or C corp, etc. if there wasn't much in assets when it was started (like cash), your corporate entity probably doe
by joeag 16y ago
1. even if a company does business as an LLC or C corp, etc. if there wasn't much in assets when it was started (like cash), your corporate entity probably doesn't holdup;
2. most likely, you signed a contract with Rackspace personally right?
3. as for the merchant/credit card account - most require a personal guarantee anyway
So, first of all - I am sure your lawyer will defer or write off a bunch of that bill - happens all the time, especially if you have already paid a number of previous bills.
Rackspace is probably doing what most creditors do - acting as aggressively as possible. If they turn it over to collection, they are already looking at a huge writeoff (collection agencies get a nice percentage of whatever they collect and usually also have authority to write down the debt substantially in offers in compromise). So when push comes to shove, if you offer them a payment plan, I bet they will go for it or at least counter offer. Offer them $1,000 now, and $500 a month for 10 months say - that's full payment of the account. If you feel lucky, offer $3K, $1K now and $500 a month for 4 months.
The credit card account is going to be sticky - because unlike rackspace who made a profit margin on the $6K you owe, the credit card company has probably already refunded the $$ to cardholders that it "paid" to you - the fact that you describe it as "huge" doesn't help - I would assume it may be the majority of all payments advanced to you by the merchant provider. Again, you can probably propose a payment plan which has a good likelihood of being accepted.
Good luck.
- Muzza 16y agoCould you elaborate on point 1?
- joeag 16y agoIf a corporate entity is created and funded with very little in the way of assets it can be disregarded in a legal proceeding. This is called "piercing the corporate veil". There are other factors a judge or jury will weigh as well, but assets are among the most important. This is pretty common sense if you think about it - although most people (especially those who read the "incorporate for $99 and protect yourself from creditors) don't realize it.. just because you sign some papers and create a legal entity the law isn't going to allow you to stiff people and evade legal obligations.
- Muzza 16y agoI am aware of the corporate veil and the piercing thereof, but I'm not really convinced that assets are among the most important things a jury would like at. And surely it varies among industries (so a real estate investment firm would require more in assets than an internet startup in order to be considered "proper").
- joeag 16y agoActually, having assets appropriate to the business type is one of the key factors in determining whether the corporate entity will be respected and you are correct that it differs for a RE company and an internet startup. There are plenty of citations to case law to support this but I am too lazy to go find them to post in this reply.