Legal Question in Credit and Debt Law in Florida
Can this debtor sue me personally and do I have a case to counter sue both parties in case of a lawsuit on me? (See Below)
I was recently contacted by a vendor/ debtor of a business (Brighter Futures Christian Academy) that I used to be employed by almost a year and a half ago. The debtor was informing me that there was a debt owed by BFCA. They were letting me know that because I signed the agreement authorizing and switching our credit card merchant to their service- that I was responsible for the debt personally and they were ready to sue me. Threatening a lawsuit in TX when I live in FL. She informed me that because this was business to business (commercial debt) that the Fair Debt Collection Practices Act does not apply to this situation. To expect a lawsuit, leins on my house, garnishments at my current employer, and would put everything on my credit history/ report.
I responded letting her know that I hadn�t worked for BFCA since January of 2015, that I held no interest in the company, have never been an officer of the company, that I was acting as an employee within my job description and duties�. She replied and essentially told me it didn�t matter and I had to cough up the money for my old employer.
I then contacted my ex-employer at BFCA, Yolanda Nogueras who is the registered agent and CEO. I explained that her Credit Card Merchant was trying to come after me for her business�s debt (which accumulated long after I was gone). I also said that Brighter Futures needs to write an official release of me being held liable for any debts the business incurred in a vendor contract. As I was acting only as an agent for the company and working within the duties as an employee only. I certainly would not have signed anything personally obligation myself on behalf of the business. They (credit card merchant) also never made me aware that signing the authorization agreement would make me a personal guarantor.
Declaration of Facts:
1. Brighter Futures for Families Christian Academy is a non profit corporation operated by Yolanda Nogueras. Yolanda is the registered agent and Principal Officer for the corporation.
2. My Wife, Amy Jordan and I, were hired by Yolanda Nogueras, as administrators for the school in August of 2014, My wife was hired as an associate admin working on admissions and program development.� I was hired to oversee the business operations, handle the accounting, and pastor as the spiritual leader of the school.
3. At the end of August 2014 we were approached by a sales rep for Trans Tech Merchant Group to switch to their credit card processing services for a lower rate.
4. On 9/4/14 under the permission of Yolanda, I signed as an employee and agent on behalf of Brighter Futures for Families Christian Academy to switch credit card merchants. No paperwork was explained I was just told to sign and scan/ email the forms back. They also never made me aware that signing the authorization agreement would make me a personal guarantor.
5. In November 2014, due to employment scheduling with her other job- Yolanda started working at the school again and assumed her position as director and overseer of business and program development. My wife and I were released of many responsibilities. My wife became a substitute teacher, lunch preparer or whatever other functions the teachers needed assistance with. I was reduced to payroll functions and pastoring as the spiritual leader of the school.
6. In January of 2015 my wife and I were laid off permanently due to budgeting reasons and the financial hardship of Brighter Futures for Families Christian Academy. All ties were cut
7. On Thursday May 12, 2016 I was contacted by Regina Shelley who is an collection agent of First American Payment Systems (a debt collector) who said that I was responsible for the debt in the amount of $1,804.70, incurred by Brighter Futures for Families Christian Academy. Because I signed the forms authorizing the business relationship.
a. Regina advised me that her �Legal team has assessed these accounts and have deemed you lawsuit worthy. If we cannot resolve these accounts suit will be filed here in Tarrant County, TX for a default judgment seeking wage garnishment and place liens against any personal property� (listed my house)
8. The debt incurred, happened long after our employment termination.
9. I emailed Yolanda asking her to contact Regina and CC me on all correspondence with them and if she included an attorney. I needed to have everything in writing for my records.
a. I also told her my employment agreement would state Brighter Futures should have wrote an official release of me being held liable for any debts the business incurred in a vendor contract. As I was acting only as an agent for the company and working within the duties as an employee only. I certainly would not have signed anything personally obligation myself on behalf of the business.
1 Answer from Attorneys
It really doesn't sound like you personally guaranteed payment, but without reading the exact language its hard to say. If you were sued in Texas, they'd have to serve you with the lawsuit in Florida before judgment could be entered. So, there's the opportunity for you to defend it (you'd have to hire a lawyer who is licensed to practice in Texas unless you wanted to do it yourself. It's possible, but its a headache). Let's assume the worst - these guys got a judgment against you. They'd have to hire a Florida lawyer to "domesticate" the Texas judgment (make the Texas judgment a Florida judgment, which would then be enforceable by a Florida judge). Then and only then, would they be able to *even try* to garnish your wages. The judgment, only when domesticated properly, would operate as a lien on your house but in no case could they foreclose. The judgment would be recorded as a public record and show up on your bureau as a public record. The FDCPA probably does not apply. Debt collectors are not lawyers and just because a debt collector says something might happen means nothing in and of itself. You probably don't have a valid countersuit, but you never know until the lawsuit against you is actually filed. Good luck.
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