Being Sued for Bill that's not Mine

[lbell101]

What is the name of your state (only U.S. law)?
Michigan

Today I was served with a small claims appearance. This is somewhat complicated.
The bill is not mine. I worked for my parents for about 13 years running their business (hotel). I left in 2005 to start my own business just across the street. I still receive mail at the hotel and it is still my official address. I have never had any ownership of the business, I just ran it for them.

Recently, they have experienced some financial issues and there is a bill for garbage pickup that is outstanding. About three months ago, the local credit agency contacted me about "my" bill which had been listed in my name personally. I explained that I was just an ex-employee and that my folks owned it and they changed the name on the collection.

Now, today I receive the small claims paperwork from the garbage service with my name personally and the hotel name as a dba. The sherriff says he's just a conduit. I went to the court and they said anybody can sue anybody and to just go to the court at the assigned time to fight it. I went to the garbage pickup and explained that they listed the wrong defendant and that I have no dba and never had and that I haven't worked there for years. They said oh well, you can solve it by having you parents pay the bill. But I have no control over that.

Now, the court date is Nov 18 and I'm starting a new job 2000 miles away on the 14th. I will not be able to be there.
Is there ANYTHING I can do?
Thanks!

Larry

 

[racer72]

You never make it clear. Who's name was on the garbage bill each month?

 

[Zigner]

It sounds to ME like you set yourself up as a guarantor for the account.

 

[lbell101]

I haven't seen the bill in 3 or 4 years. But I believe it says the business name. The garbage service says they still have my name as their contact name.
I can understand that they can make a mistake. But they have now been informed twice (once at the collections agency). I would think they would have to change the name on the suit to an accurate one. I've had several employees through the years at a couple businesses whose names appear on different bills. They did't have ownership. I doubt they would have to pay a bill that wasn't theirs if the company didn't pay it.
I would think it would be in their best interest to correct the suit. If I was able to show up I doubt I would lose as I can prove I've been gone and it's not my bill. It probably wouldn't bode well with the magistrate if I let her know that I informed them of the error immediately but they chose not to do anything about it.
The main problem is that I won't be there and I don't want the bill to become mine!

Larry

 

[HomeGuru]

I haven't seen the bill in 3 or 4 years. But I believe it says the business name. The garbage service says they still have my name as their contact name.
I can understand that they can make a mistake. But they have now been informed twice (once at the collections agency). I would think they would have to change the name on the suit to an accurate one. I've had several employees through the years at a couple businesses whose names appear on different bills. They did't have ownership. I doubt they would have to pay a bill that wasn't theirs if the company didn't pay it.
I would think it would be in their best interest to correct the suit. If I was able to show up I doubt I would lose as I can prove I've been gone and it's not my bill. It probably wouldn't bode well with the magistrate if I let her know that I informed them of the error immediately but they chose not to do anything about it.
The main problem is that I won't be there and I don't want the bill to become mine!

Larry

**A: dispute the charges in writing.

 

[Zigner]

**A: dispute the charges in writing.

What good would THAT do? OP has been served.

 

[BL]

I've had several employees through the years at a couple businesses whose names appear on different bills. They did't have ownership. I doubt they would have to pay a bill that wasn't theirs if the company didn't pay it.

If a bill is in a person's name they are responsible .

The bill in dispute sounds like it was in your name .

Changing it in collections means nothing .

They bring in their records that it was in your name and it hasn't been pd ., they will get a judgment against you .

However , if the suite says You DBA , the Business owes the bill .

Prove that you were not the business , only an employee .

 

[HomeGuru]

What good would THAT do? OP has been served.

**A: It would be a civil action counterclaim. Get with the program.

 

[lbell101]

Thanks for the help so far.

Ok, I have seen about a years worth of monthly bills. My name DOES NOT appear
on any of the bills. It simply says the business name. That name is a dba that IS NOT
registered to me. It should be registered to the corporation I think but certainly
not me.

I was told this morning that I am the "contact" for them. That's because I was
the manager. I believe I was listed on the suit because they THOUGHT I owned
place. That is in error and as I said my name is NOT on the bills.

I think at this point it's fairly obvious that I would win this case. I can prove
I was not an owner and that I don't work there anymore. Further, the bills don't
have my name on them.

However, the real issue is that I NEED to do something before the court
date. I will not be there as I start the new job a couple days before and it's
too far away.

Is there really nothing that can be done before hand? Thanks!

Larry

 

[BL]

Sure , hire an attorney .

 

[lbell101]

Yes, I will. I have an appointment with one scheduled for Monday. However,
I thought the people here might have some ideas as well.

Larry

 

[CraigFL]

If your local small claims is like mine, people sue people/business and no one checks anything for correctness until you stand in front of the judge -- in fact nobody even cares or can do anything about it until the appearance. People check in paperwork, servers deliver summons, court clerks schedule dates and everyone assumes that the papers are proper. So the only thing you can do if you can't make the court date is to hire a representative to spek for you.