Small Claims Court Judgement

We are in New York City, New York

We had a business, a furniture store until last October 2003 where the lease was sold off to another person. The corporation was closed and the business is no more. During this time, there is a customer disputing a purchase she made for a year with American Express.

Today, she walked into the business where we now work (no longer owners, just workers) with a Notiuce of Judgement from Civil Court of the city of New York dated 12/15/03 in favor of her.

We never received a notice, I'm guessing if the notice was sent, for obvious reasons that the business was sold in October and closed down, we where not there to receive this notice.

What can we do? Can we ignore the notice of judgement, should we file for it to be reopened?

American Express has validated the dispute and granted us the judgement, but that is with the credit card. This is with the city of NY now, any help would be appreaciated.

*edit*

I should also add, we have the signed receipt that the customer signed and paid for the merchandise on the night it was received. I still have the physical and digital copy of it. Along with all the paperwork that American Express has sent, awarding us judgement on the dispute.

When I said "we" I also meant my mother and I, although I am not or never was part owner. Also, the customer threatened my mother at her place of work today, saying she will take her personally to court and the place where she now works.

I was plugging along just fine in your post until you said that she had a 'Notice of Judgment' against the corporation AND then YOU said, "American Express has validated the dispute and granted us the judgement"
Are there TWO judgments??? Each against the other?? And why/how would American Express give YOU a judgment??

As for HER judgment....
You need to go by the court and review the casefile. Take a look at the 'Notice of Service' document which details how the corporation was noticed of the lawsuit. The, check the notification process against the state requirements for notice.... and see if the notice shown is 'proper'. If it isn't, then the corporation can file a "Motion to Vacate Judgment" with the court.

If the notice was proper, then make sure that the lawsuit names the corporation properly and was served on the 'registered agent'.

Finally, if the judgment is valid, then the judgment creditor can ONLY go after the corporation assets.... not any individual person.

Well American Express was the credit card used in the transaction; I know they are two different things (American Express dispute and Civil Court) but I wanted to give more details to what's going on.

I mentioned American Express because that is the only notice we've recieved in the 12 months that she has been filing.

So if this person comes back harrassing us at our new place of work, what should we do? I understand that the judgement was set against the corporation and the corporation is no more. Niether was the corporation opened when the small claims court notice was sent out.

Would it be easier to just ignore it, or to ggo to small claims court, let them know the corporation was closed when it was filed and that is the reason nobody showed up?

I don't want this to be an ongoing argument; the customer received her merchandise, she paid and signed for it after inspecting, then decided she wanted a different headboard for her bedroom set, but what she wants is a discountinued item.

That's where the problem arouse, when after being informed that what she wanted to change was no longer being manufactured, she wanted to return everything. Then threatened to sue after we where unable to comply with her demands; i don't understand people sometimes.

Okay, since you still haven't clarified the issue of a JUDGMENT by American Express, I will ignore that issue.

If the judgment was rendered against the corporation and it has been LEGALLY dissolved as required by your state law, then you individually would be immune to the claim against the corporation. If the plaintiff/creditor is pursuing you personally, you will just have to explain and tolerate.

However, if the corporation was NOT dissolved legally, or even as a former officer/director, the plaintiff/creditor could attempt to go after you personally, called 'piercing the corporate veil'. I have done this several times and it is not easy or cheap to do.
At the very least, the plaintiff/creditor could serve you with a subpoena or post-judgment discovery in your capacity as officer/director and try to determine what assets the corporation had and where they are now (or went). Have done that also several times.... one of the fun parts of this business.

Ok, so we explained that to her and the corporation was legally "disolved" and put in the oven to bake at 350

So unless I want to meddle into legal battles with small claims court, I should just sit and tolerate?

By the way, thank you very much for your speedy replies, it has lowered my moms blood pressure to know the info you've given us.