Legal Question in Civil Litigation in Massachusetts

Re: financial responsibility

Based solely upon the facts you have stated, at first glance I see the following possible legal and factual issues raised by your post:

1. Privacy issues, contract breach issues, Fair Debt Reporting, Collection and Disclosure issues potentially involving all parties.

2. Making inquiries improperly or without the assistance of legal counsel can be tricky and fraught with liability.

3. There is no indication of the amount in controversy, do you know how much you are expected to pay? Does the amount justify a lawsuit?

4. A logical approach to such problems can work, but people are not always logical with one another or with their demands. By this I mean that if someone resigns, there are sometimes emotionally charged issues. To then expect payment of a debt by a third party, and want payment made without disclosing actual purchases made may be a poor, unreasonable position to take.

5. I will not opine on who owes the money because there may be facts available not stated in your question that could make that one go either way.

6. Hypothetically, if a person makes his or herself liable for debt or to obtain credit allegedly for an entity with a separate legal existence without first taking steps to have the transaction lawfully authorized, verified and approved to satisfy particular legal requirements of that entity and the creditor as well, this creates a unique legal problem. But without further data and facts, the answer as to how it will unfold cannot be given.

7. I sense there may be more to this problem than just the credit card issue.

8. Whether using monies or obtained credit (under the auspices of a non-profit), and possibly also for personal uses unrelated to the non-profit, is legal or not depends on the facts. (A court might find, depending on just what representations were made to the creditor lender that there is individual liability only or that the "club" is also liable.)

9. Is your group a corporate entity legally established under the laws of the Commonwealth? - or some other entity? Are there indemnification provisions involved for officers / directors?

10. Another important question is whether the "Soccer Club" formally approved of the transaction, and if such approval was conducted lawfully.

11. The issue of the "c/o" the soccer club is unique in that the use of the language does not usually imply a legal obligation, but facts could show reliance upon representations made in underlying documents to a creditor, and result in liability for the "Soccer Club" and /or the individual.

12. You need a lot more information for a lawyer to analyze all the issues, because this case is quite unclear as to what is "lurking" under its legal exterior.

Sincerely and Respectfully,

Thomas R. Abdow, J.D.

Re: financial responsibility

If your soccer club does not have an attorney in retainer, you (they) should consider rtaining one as this question is too complicated to answer without a comprehensive attorney-client consultation.