I am receiving phone calls for a debt that does not belong to me. I need advice...

[joepark14]

I was working for a company called The OMNI Club in Athens, GA. In December 2010, I was asked if I could go to Augusta, GA to help their sales department. I was told that the apartment would be paid by the company and all I had to pay for was food. When I got to Augusta, the regional director setup a hotel for me and one other until the apartment was ready. We were told we would be in Augusta for 2-3 months to turn things around. Once the apartment was ready, we were told to sign some paperwork agreeing that we would live there. The apartment manager confirmed that we would not be liable for anything and that it was under the company's name. I am assuming now that it was an actual lease agreement that I signed. This is also confusing, the collection agency said my name is the only name on the lease when the other guy also signed the lease. There were also 2-3 other OMNI employees that stayed in the apartment after we left. The only proof I have stating the apartment would be paid for by The OMNI Club are the people that also stayed in the apartment and possibly the ex-regional director that set it all up. After speaking with the ex-regional director, he was surprised it hasn't already been taken care of by The OMNI.

I havent received anything in writing regarding the debt, but I talked to someone at the collection agency today and he told me someone could email it to me tomorrow. I contacted the current regional director of The OMNI Club and he said he would look into it but I have a feeling they are not planning on paying. Something to also put into account, The OMNI Club(aka Lags Fitness Inc) was bought out by The OMNI Club of Athens Inc. The buyout was during this whole ordeal. I was an employee for both companies.

This debt is around 2 years old. I first received a call about it around a year and a half ago and that is when I talked to the ex-regional director who told me not to worry about it and it would be taken care of. I am not sure if this makes a difference but the guy I talked to earlier said the name of the collection account was under The OMNI Club. He couldn't find the account under my name but the lease is supposedly under my name. I hope this is enough information. Thank you in advance for any help!!

 

[mightymoose]

If you haven't received anything in writing then ignore it
Email does not count.
Get a copy of your credit report and check if there is anything regarding this debt to find out if there is anything you need to worry about. Stop taking phone calls about it and don't acknowledge the debt collector in any way.

 

[joepark14]

I just got off the phone with the collection agency and they are sending me everything they have via mail. I checked my credit report and nothing is on there yet but does that mean they will not put anything on there in the future? Also, does it make a difference if my name is on the lease but the collection account name is under the company?

 

[mightymoose]

Stopping communication with them will make the most difference. You do not have to pay a dime on this until a judge orders you to. If it is as you describe I suspect they will never get a judgment against you. The only way they get anything is if you keep cooperating and decide to pay up.

 

[army judge]

It would appear your former employer is on the hook for the lease and any unpaid rent.

I suggest you hold on to the documents you receive.

Mighty Moose gave you a wonderful suggestion, stop communicating with these collection sharks.

You can't prevent them from suing you.

Being sued is no big deal as long as you are sitting is a defensible position.

If things are as you claim, you have a solid defense.

That would be that you are not personally liable for this debt.

The debt, if it is owed, belongs to OMNI.

Therefore, if sued, you simply defend on the basis that you are not an officer of OMNI.

You were a simple, garden variety employee.

You did not contract on behalf of OMNI, or yourself.

You simply signed for the keys of the unit, as directed by your superiors at OMNI.

But, ceasing communications (even if you are sued) is always in your best interest.

This is not, now could it ever be, a criminal case.

Keeping your mouth shut, is always in your best interest.

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