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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Need advice. Our country club has 6 board members. They have

Customer Question

Need advice. Our country club has 6 board members. They have decided a member has stolen, vandalized and not paid 10 months in dues. Instead of calling member and asking for meeting with them they called in a regular member not on board and discussed with him everything. Then asked him to act as in between by calling accused member and telling him they want 2,000 in 30 days or filing lawsuit. 4 days later member is served at work with a lawsuit PLUS a injunction filed on member that they can't go to property and pick up be linings or even ask to meet with board members. Member has no past record, hardly a parking ticket. What can defendant do?
Submitted: 2 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your question. Please permit me to assist you with your concerns. I must ask, do the allegations have any semblance of truth, or you do not know? (PS. We here can provide you with 'legal information' but as we are not your attorneys we cannot provide you with direct advice).
Customer: replied 2 years ago.
The only thing guilty of was taking 2 tanks 100.00 worth of fuel. Not guilty of other charges. The vandalism didn't do and the dues have no rules as to how to pay. No statement was coming in mail and clubhouse is never locked so money was just left on stove monthly for dues.
Customer: replied 2 years ago.
The fuel was a resentment issue.
Expert:  Dimitry K., Esq. replied 2 years ago.
I see. To answer directly, they did not really have a duty to keep this private and confidential--they could discuss this with third parties, even those who are unrelated. However if they made FALSE claims, then that is potentially vulnerable to a suit from you for 'defamation of character' as it now causes injury to you. As far as an injunction and a request that you not appear, they can legally do so, and they can also demand more costs--you can obviously go to court and attempt to challenge their claims and prove that you were not at fault and the claims against you are false and are unsubstantiated. I still believe a threat or a suit for defamation is likely the best option here. Sincerely, ***** *****
Expert:  Dimitry K., Esq. replied 2 years ago.
PS. I do apologize but it is quite late here--I will be logging off very shortly to get some rest. Please let me know what I can help clear up for you as my next posts will likely be delayed until morning. Thank you! Otherwise, if satisfied, kindly do not forget to positively rate.
Customer: replied 2 years ago.
They have it on video (they say) taking some fuel in pickup. The rest are false allegations. No vandalism and the dues were paid by cash. We can't prove we paid them but they can't prove we didnt?
Expert:  Dimitry K., Esq. replied 2 years ago.
Hi, Well, that does not help. As far as the dues being paid by leaving them on the stove, you may want to call other members as witnesses just as to that point so that you can attempt to prove or show that paying dues was customary as described. This is likely the best way to challenge their claim. As for taking fuel, if they caught you dead to rights, perhaps admitting it and offering to cover costs is wise. In this case perhaps retaining counsel may be a very good investment. Sincerely, ***** *****