billyb1212
New Member
I would appreciate if you could give me some advice on how to handle my situation...A judgement was apperently awarded against me some time ago, that i was unaware of. i was only made aware of this 6 weeks ago when i noticed 2 separate subpeonas totalling over $5k witheld my bank account. After investigating what it could be, it ended up being a dog walker that claimed i owed him money. Without incriminating anyone i will refer to the company as XYZ Pet Care. I do remember there being funds in question when i terminated his services, yet these funds were indeed paid to him. It was quite some time ago, almost 6 or 7 years and my experience with him was one i would like to forget. (Please forgive me as i am trying to retrace events from 7 years ago) I had used his services for my dog to be walked for 2 or 3 times a week for an hour at a time. the cost was (i believe again its been a while) somewhere in the area of 8-10 dollars an hour.... I remember i would pay Emily (his employee who cared for my dog) the money each week, which was 50 - 60 dollars at the most. Sometimes i would pay her cash, sometimes i would pay her by check for her services each week. After some time Emily mentioned that she was leaving the service and going on her own, when she wasnt happy with how she was being treated by the owner of XYZ...My dog was very hapy with her so we continued to use her away from XYZ. Several weeks later, i recieved a threating call from the owner of XYZ claiming that i owned him somewhere in the area of 300- 400 dollars.. I remember asking Emily, and she agreed she passed the money to him...My thought was, why would this be the first time i am hearing of this. For the amount of money he was looking for, several weeks had to have gone by. Why was i just getting wind of this now..If i had been aware after the first week or second week, or even third week i could have realized there was an issue...Whether the issue was with the owner of XYZ or the dog walker i dont know, but i do know that i paid the money for services rendered. For all i know the dog walker Emily never gave the owner the money...Either way it was clear that there was tension between emily and the owner of XYZ for her leaving XYZ comapny and i was cought in the middle of it. To make matters worse maybe this sweet 18 year old girl (at the time) wasnt so sweet. My wife and i had noticed as time went on that little by little money, clothing, Jewellry and the last straw was my wifes engament ring $30k had been stolen. Emily started to call in sick and eventually mentioned she was moving to florida and we never saw her again. Police reports wre filed yet there was no way to prove it was her...Employees in the building which are like family to us( we lived there for over 10 years) mentioned they would see Emily wearing my wifes clothing like a red leather jacket or other items...They also saw her pull up to the building several days before she "moved" in a brand new car. Not bad for a dog walker. I contacted XYZ to inquire if he had any other reports of theft and he mentioned yes, that Emily had reportedly hit someone for 80k before her disappearance. In any event, i have filed the appropriate paperwork to have the judgement vacated...XYZ has been served, the court has the documents and my date is for this evening in NYC small calims court...WHAT IS NEEDED TO HAVE THIS REVERSED...AM I CORRECT IN ASSUMING THIS IS A HE SAID SHE SAID CASE..CASH WAS INVOLVED SOME IF NOT MOST OF THE TIME FOR PAYMENT SO I HAVE NO PROOF TO BACK UP PAYMENT.NOT TO MENTION THIS ALLEGED DEBT COVERED MAYBE $400 AT MOST..HOW DOES HE DERIVE OVER $5,000...IN A WORST CASE SCENERIO WILL THE JUDGE UPHOLD THIS AMOUNT? .WHAT CAN I SAY TO THE JUDGE OR WHAT ARE MY BEST PLANS OF ATTACK IN THIS MATTER..I WAS EVEN CONTEMPLATING SUING HIM FOR FAILURE TO SUPERVISE AMONG OTHER THINGS, BUT AGAIN PROVING SHE STOLE, WHILE SHE WAS EMPLOYED BY XYZ IS DIFFICULT EVEN THOUGH I KNOW WHE COMMITTED THESE ACTS. HOW DO I GET OUT OF THIS MESS..IF I OWED SOMEONE $$$ FOR SERVICES I WOULD HAVE PAID THEM AS I DID...ESPECIALLY SOMEONE CARING FOR MY DOG WHO IS A DEAR MEMBER OF OUR FAMILY....HELP!!
