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Being sued/ non-profit organization

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coachjojo1

Guest
What is the name of your state? oregon
I coach a team for a non-profit organization, I am being sued by one of the parents of a player who quit the team. The fee to play on the team was returned to the players father minus the euipqment and tournament fees the player had used. The player participated in our letter fund raiser, all money raised from the letters was to be used for team expenices and I was responsible for collecting the checks from the players and to turn them into our organizations book keeper. All checks were made to the organization. Not, to me personnelly, I am not a signer on the checks or any money issues. I just coach the team and turn everything into the organizations book keeper. The parent that is sueing me is the mother of this player.
Isn't she sueing the wrong person.
Shouldn't she be sueing the non-profit organization.
 


I AM ALWAYS LIABLE

Senior Member
coachjojo1 said:
What is the name of your state? oregon
I coach a team for a non-profit organization, I am being sued by one of the parents of a player who quit the team. The fee to play on the team was returned to the players father minus the euipqment and tournament fees the player had used. The player participated in our letter fund raiser, all money raised from the letters was to be used for team expenices and I was responsible for collecting the checks from the players and to turn them into our organizations book keeper. All checks were made to the organization. Not, to me personnelly, I am not a signer on the checks or any money issues. I just coach the team and turn everything into the organizations book keeper. The parent that is sueing me is the mother of this player.
Isn't she sueing the wrong person.
Shouldn't she be sueing the non-profit organization.

My response:

Thanks for telling us you're being sued, and thanks for letting us know that the kid was involved in your charity, and that you are the coach, and that you turned all checks into the bookkeeper.

Now, would you mind telling us why you're being sued?

IAAL
 
C

coachjojo1

Guest
being sued part 2

Ok, the player sent out 3 sponsor letters (which is our biggest fundraiser) all 3 were responded to one for 400, one for 200 and one for 25.
The person who sent the 400 was the players Mother and the one for 200 was the players Grandmother.
The player quite the team after a few tournaments and went down to a lower level to play.
Now the mother wants her money back.
I was not even aware of who the 3 sponsors were until I received a letter from the mother telling me that two of them where from her and her mother.
After I received the letter I notified the book keeper and she said that it was a donation to a non-profit organization and was not refundable.
I told the mother this and she still wants her money back.
I tried to give her the phone number to the organization and she said no.
I was served.
 

I AM ALWAYS LIABLE

Senior Member
My response:

Thanks for letting me in on the secret.

Okay, she's got nothing. She can't get her money back because it was a charitable donation. A donation is a "gift". Once a gift is given, it's all over. She will lose.

So, you'll have an interesting day in court. Try to have fun with it. And, you're right . . . she's suing the wrong party.

IAAL
 
C

coachjojo1

Guest
Thanks

Thanks for your opion do you think I can get my court cost back, plus now a bigger organization that I was trying to get into for coaching won't even give me a chance because this mother and her ex husband keep calling the softball commissioner and putting me down for not giving her her money back or the grandmother.
 

I AM ALWAYS LIABLE

Senior Member
Re: Thanks

coachjojo1 said:
Thanks for your opion do you think I can get my court cost back, plus now a bigger organization that I was trying to get into for coaching won't even give me a chance because this mother and her ex husband keep calling the softball commissioner and putting me down for not giving her her money back or the grandmother.

My response:

What court costs? You're the defendant, so you shouldn't have any "court costs."

You can't stop her from calling the commissioner, and for voicing her opinion. Is there more to this story that you're not telling me?

IAAL
 
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coachjojo1

Guest
Not court but small claims court, I had to pay to to go to a hearing.
 

I AM ALWAYS LIABLE

Senior Member
coachjojo1 said:
Not court but small claims court, I had to pay to to go to a hearing.

My response:

Okay, you're not being fully explanatory, or forthcoming. Further, you're not answering my questions.

Have a nice evening, and a good time in court.

IAAL
 
C

coachjojo1

Guest
I'm not sure I understand....
I was served and then I had to file for a hearing or pay her. So I pick hearing, but to do the hearing it cost me money to turn in the paper work.
The commissioner is the one who desides who can coach and who can't and since I am having this problem with this parent I may not beable to coach next year when there isn't even anything I did wrong.
 

barbara_event

Junior Member
Being Sued as an Individual

Dear Coach,
Sorry to hear about your problems. Have you discussed this with your Board of Directors? Every charitable organization has to have a board structure and most also have Officers and Directors (D&O) Liability Insurance which may apply to you in this case if you were acting in accordance with the Board policies. Is this mother/grandmother claiming you have done something more than "not returning" their money? Is there more to this? If this is truly all there is to this issue, then they clearly have no case but unfortuneately you will still need to response to legal claims. I would suggest you ask the Board to cover your expenses in responding to this claim and to also provide you with a legal representative. Additionally, I would ask the Board to submit a letter to the Commisioner supporting you in this case. Most Boards protect their members in this way.

Good luck.
 

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