Tiny Nonprofit being sued by former volunteer - Please Help

[marinewife01]

I need help - Any advice is appreciated..

A little background..

I am the founder and sole organizer of a small grass roots nonprofit organization.

We do annual walks to help out the local Houston Community. Our first walk garnered 300 people, and our last and third walk garnered 800 people.. We are a registered nonprofit in the state of Texas and our beneficiary this year was a 501(c) local organization that sends care packages to the Troops overseas.

The job got to be too big for me so I took on a volunteer for the last walk. An annual walker that I was acquainted with from my previous walks asked to help the organization. He was a non-officer of the company and just someone that was active in the bar scenes and local clubs to help gain awareness and publicity for the organization.

He came to me with the idea that before the walk we should do a small fee movie showing at a local theatre. I delicined as the cost was too high for our small nonprofit (we average about 100 dollars in donations a year, aside from the annual walk). He begged me to reconsider and said he would be able to get someone to sponsor the costs (theatre rental fee, licensing for the movie fee).

I told him that if the costs were sponsored and of no cost to me or the nonprofit - he could go ahead with it.

So he went.

He informed me two days before the movie event that he had signed a contract (illegally as an officer of my nonprofit organization) for the rental fee of 450 dollars and put it on his own credit card.

This caused a big fight as I did not authorize that fee and he informed me that he took the risk all on himself for it. He stormed off and tensions were high.

Two days later, the movie event happened and we didnt even make back the rental fee that he paid..

When we finally sat down to discuss his misuse of the nonprofit funds and going behind my back with the signed contract and fee that was supposed to be sponsored - he blew up and accused me of being "threatened" because he was going to take over my company. I told him that I was merely only upset because he did not get authorization for signing a contract (he signed the contract as him the owner of my nonprofit company) nor for the rental fee costs.. He got increasingly mad and then he quit.

We severed all ties after he quit.

He then went online and bashed me and my organization in very public forums to supporters of my nonprofit. He claimed I fired him because he was going to take over my nonprofit.

I let it slide, and didnt defend myself or my actions. I thanked him publicly on my nonprofit website for his help and let it go.

He then sent me an email demanding the rental fee back that he had paid. I informed him that I never authorized the contract or fee, nor his signing as an officer and founder of the nonprofit organization.

The week after the movie - I got married. The annual walk happened a month later and then I moved to California, from Texas, to be with husband in the US Marine Corps until he gets out in April of This year.

The volunteer sent me a certified letter saying that he didnt care that I was moving to California and he intended to sue me once I moved. His letter was very professional, but insinuated that he would receive a default judgment since it would be hard for me to fly back to Houston for a hearing.

Two months passes and I just received a certified small claims court sue notice from Texas, at my current residence on base in California.

He is now suing me for $1000 dollars. He signed my old name and old Houston address (he is aware of my new residence and new last name in California) and not my nonprofit organization as the defendant.

I have no idea what to do.

I have emails and text messages saved of him admitting that I did not authorize the contract signing nor the fee and him admitting that he took the risk and the fee all on his own.

Now I have 10 days to file an answer, and unsure of when the court date will be and unsure of the plane costs and all the costs associated with me defending myself in court..

What should I do?

Any help or advice would be greatly appreciated!

 

[army judge]

I need help - Any advice is appreciated..

A little background..

I am the founder and sole organizer of a small grass roots nonprofit organization.

We do annual walks to help out the local Houston Community. Our first walk garnered 300 people, and our last and third walk garnered 800 people.. We are a registered nonprofit in the state of Texas and our beneficiary this year was a 501(c) local organization that sends care packages to the Troops overseas.

The job got to be too big for me so I took on a volunteer for the last walk. An annual walker that I was acquainted with from my previous walks asked to help the organization. He was a non-officer of the company and just someone that was active in the bar scenes and local clubs to help gain awareness and publicity for the organization.

He came to me with the idea that before the walk we should do a small fee movie showing at a local theatre. I delicined as the cost was too high for our small nonprofit (we average about 100 dollars in donations a year, aside from the annual walk). He begged me to reconsider and said he would be able to get someone to sponsor the costs (theatre rental fee, licensing for the movie fee).

I told him that if the costs were sponsored and of no cost to me or the nonprofit - he could go ahead with it.

So he went.

He informed me two days before the movie event that he had signed a contract (illegally as an officer of my nonprofit organization) for the rental fee of 450 dollars and put it on his own credit card.

This caused a big fight as I did not authorize that fee and he informed me that he took the risk all on himself for it. He stormed off and tensions were high.

Two days later, the movie event happened and we didnt even make back the rental fee that he paid..

When we finally sat down to discuss his misuse of the nonprofit funds and going behind my back with the signed contract and fee that was supposed to be sponsored - he blew up and accused me of being "threatened" because he was going to take over my company. I told him that I was merely only upset because he did not get authorization for signing a contract (he signed the contract as him the owner of my nonprofit company) nor for the rental fee costs.. He got increasingly mad and then he quit.

We severed all ties after he quit.

He then went online and bashed me and my organization in very public forums to supporters of my nonprofit. He claimed I fired him because he was going to take over my nonprofit.

I let it slide, and didnt defend myself or my actions. I thanked him publicly on my nonprofit website for his help and let it go.

He then sent me an email demanding the rental fee back that he had paid. I informed him that I never authorized the contract or fee, nor his signing as an officer and founder of the nonprofit organization.

The week after the movie - I got married. The annual walk happened a month later and then I moved to California, from Texas, to be with husband in the US Marine Corps until he gets out in April of This year.

The volunteer sent me a certified letter saying that he didnt care that I was moving to California and he intended to sue me once I moved. His letter was very professional, but insinuated that he would receive a default judgment since it would be hard for me to fly back to Houston for a hearing.

Two months passes and I just received a certified small claims court sue notice from Texas, at my current residence on base in California.

He is now suing me for $1000 dollars. He signed my old name and old Houston address (he is aware of my new residence and new last name in California) and not my nonprofit organization as the defendant.

I have no idea what to do.

I have emails and text messages saved of him admitting that I did not authorize the contract signing nor the fee and him admitting that he took the risk and the fee all on his own.

Now I have 10 days to file an answer, and unsure of when the court date will be and unsure of the plane costs and all the costs associated with me defending myself in court..

What should I do?

Any help or advice would be greatly appreciated!

You should read a response I gave to a similar question.

Bottom line, he no doubt is trying to sue you in a Justice of the Peace Court.

Texas JP Courts are not courts of record.

Therefore, they have no jurisdiction over you, a citizen of California.

To sue someone in JP Court (for a small claims issue in Texas), you have to sue them in the COUNTY and PRECINCT in which they RESIDE.
However, the defendant has to assert that affirmative defense.
He can't sue you in a Texas county and precinct, as you DON'T reside in Texas.

But, even if he won a default judgment, it would be useless.
He'd have to enforce it.
That is even harder than prevailing in court.
He could try to domesticate the judgment in California, but that isn't an easy process, either!

You might want to consult with an attorney.
Bottom line, this suit is crap.
You could defend it on procedural grounds or substantive grounds.
I hate it when people do this type of garbage.
You could easily submit a general denial, or dispute the suit for lack of a proper venue and jurisdiction over you.

Defendant's Answer:
Once the citation has been served to the defendant, the defendant will have until the Monday following ten days
from the date of service to file an answer with the court. If the defendant files a denial on the case, a hearing will
be set by the clerk giving both parties at least 15 days notice. If the defendant files a consent to owing the
claim, they will be instructed to contact the plaintiff to pay the claim. If the defendant does not follow through,
you may contact the court to have the case set for a hearing in order to obtain judgment.
Either party may request a Jury Trial. A $5.00 jury fee will be collected from the party requesting a jury and the
case will be set on the jury docket.
If the defendant fails to file an answer with the court, the plaintiff will be entitled to obtain a default judgment. The
Plaintiff will be required to appear before the Judge to prove the case.

This website has a template on which you can craft your answer:

http://www.co.jefferson.tx.us/jp/jp11.htm

Read this:
http://www.ehow.com/how_6809961_write-civil-court-case-texas.html




Here are some county discussion and directions as to properly file a small claims case in Texas:

http://www.bexar.org/jp/jp2/Small_Claims/small_claims.htm#Venue

http://www.peopleslawyer.net/legal-topics/smallclaims/where.html





http://www.culpepperlaw.com/jpclaims.htm

Step 2 Determine in which Justice of the Peace Precinct it is appropriate to file your claim.

There are eight precincts in Harris County. You need to file in the appropriate courthouse for the precinct where the defendant lives or in the precinct where the controversy occurred. If you're not sure what precinct is appropriate, call the precinct nearest you and ask. (See Precinct List)

Small Claims Court

* The amount of debt or damages for which you may sue in Justice Court may not exceed the limit of the court, which is $10,000 INCLUSIVE of interest.
* In all civil suites, the defendant has the right to be sued in the county and precinct in which they reside.
* It is your burden as a plaintiff to sue the defendant in their proper legal capacity, of which there are typically three. They are as follows:
o Personally: Where an individual is responsible to you for damages he may have caused you as an individual.
o Proprietor or partnershiip: A business that is not incorporated, but does have on file with the County Clerk as assumed name e.g. John Tate d.b.a. John Tate ind./dba Merchantile supplies. To determine whether or not this person has filed an assumed name, you would contact the County Clerk at the Smith County Courthouse

* You are strongly urged to discuss your case with an attorney if you are suing a proprietor, partnership, or corporation. You are responsible for suing the correct party in their correct capacity. Nothing within this section should be construed as legas advice.
* With respect to the trial itself, all legal rules of evidence and procedure apply in Justice Court suits. An attorney in Justice Court MUST represent CORPORATIONS
* If, as plaintiff, you are in the business of loaning money either primarily (banks, credit unions, savings and loans), or secondarily (credit cards) you are NOT allowed to file in the Small Claims Court; however, an attorney representing any of the above may file suits on the behalf of the above in the Justice Court. Also, an action in Small Claims Court may not be brought by an assigned claim; or collection agency.

It is your burden as a plaintiff and it is important that you understand that for any potential judgment you may receive to be valid it is necessary for you to sue the defendant in their proper legal capacity, of which there are typically three. Consult with your attorney if you are unsure of the defendant's proper legal capacity (name). Should you file against the wrong entity, you will have to begin again and will have to pay for trial expenses caused by filing against the wrong party.
Personally - -Where an individual is responsible to you for damage he may have caused you as an individual.
Proprietor or Partnership - - A business that is not incorporated, but does have on file an assumed name with the County Clerk. For example: John Smith d.b.a. Greenhouse Supplies.
To determine whether or not this person has filed an assumed name, you would contact the County Clerk.
Corporation - - The business which has allegedly caused you damage is incorporated and therefore it is necessary to know the individual's name who is able to accept service on behalf of the corporation. The authorized agent for service would be listed with the Texas Secretary of State whose phone number is: 1-800-252-1386. For example: Greenhouse Inc., serve John Doe.
It is also possible for an incorporated entity to have an assumed name, for example Greenhouse, Inc. d.b.a. Greenhouse Supplies.
Also, as a plaintiff, you also must sue in the legal capacity in which you are damaged.
Prior to filing this suit you must send a Demand letter to the party you are going to sue giving the party at least 10 days to notify them of the potential for civil action and give them an opportunity to satisfy the claim prior to the suit. This must be sent certified mail return receipt requested.