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Originally Posted by TXcarlosTX
i used someone name to charge labor on a job. everything was good while it lasted, of course at the end things get screwed up and now doesnt want to give me my share. basically he would write over the total amount to me and id pay this person $75 per check. checks average 1000-1500.
suggestions ???
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I suggest you frame your situation clearly if you want any help from strangers over the Internet.
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...basically he would write the total amount to me...
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"He" being the employer would actually write a paycheck to somebody else, other than you, and you would tender the paycheck to him, the named party who did no work but cash your paycheck for you in his name. He kept $75 of the check by tradition and constructive trust - handing you the remainder in cash.
Lately, when you gave him two paychecks at once, he is now difficult to find - breaching the constructive trust. Meanwhile you have no papers to prove your arrangement.
Before you bill, default and lien you will have to evaluate the price tag on the shady tactic of hiring an agent in trust to appear to be working for your employer to begin with.
After that, you should document by affidavit and make it known what was going on. Get your boss to verify a photo of you and of him, that you were the man on the job and he was writing paychecks to his name by your request. He is basically a check-cashing service for the both of you - charging $75/paycheck. Get additional affidavits from any witnesses to your arrangement - even if it was from several paychecks ago - establish the fact there was a constructive trust.
Then you best hope the fellow does not know how to R4C.
Regards,
David Merrill.