Legal Question in Business Law in New York

Wrongly named in small claims suit

I worked for a not-for-profit foundation that neglected to pay an intern a stipend.

I did not know this person had not been paid. I received his invoice and sent it to the Treasurer. On Dec. 2, I met with the treasurer and verified the invoice was on the 'books'. It was my understanding that the intern would be called regarding payment. The Chair claimed he personally called him but that he was hung up on.

The first I heard that there was a problem was via an email from the Foundation's lawyer via email on May 2nd. A judgement against me had been issued in Small Claims.

The fact remains, I am not an officer, partner or director in the Foundation, am in no way connected with the Chair, the guy who signs the checks and controls everything, and in fact, am owed money by the Foundation as well.

I have been to court (to vacate the judgement), and told the Intern, in front of the judge, that I was wrongly named. She told him to go get help to amend his claim to the Foundation (the Corporation), and to not include me. Yesterday, he has sent a letter threatening to 'anihilate' me in court and clearly has not amended the claim.

How do I extract myself from these proceedings and stop the threats?


Asked on 6/11/09, 10:41 am

1 Answer from Attorneys
Kristen Browde Browde Law, P.C.

Re: Wrongly named in small claims suit

If you have not done so already (something not clear from your question) you must file a motion, in the form of an Order to Show Cause, seeking to set aside the default judgment. That will require that you have both a good defense to the underlying claim (which you seem to) AND that you have a good excuse for the default. That good excuse could be more of a problem.

Letters don't matter. What's said in court matters.

If you succeed in setting aside the default judgment, then you have to prepare for trial. If you are not an officer of the foundation and if you are only an employee, you are not liable for salaries of other employees. So you'll need to prove your position.

The better question is why the foundation's lawyer didn't respond to this properly, and why he isn't providing your defense.

Motions do.

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Answered on 6/11/09, 10:47 am


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