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Originally Posted by David Merrill
I suggest you frame your situation clearly if you want any help from strangers over the Internet.
"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.
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Ok im the boss. my company did the labor. i sent invoice in
trusted friend person name. TFP would deposit entire check into there account. and then with personal checking account would write me a check for total invoice. then i would accept the check and then i would write a check for $75 to TFP. easy. TFP didnt do anything except deposit check and write me check and collect there $75.
now i know the TFP has collected some checks and this person has gone missing. there is no contract of our agreements. so for that reason i wanted to ask if doing the notary process would work like i asked in my first post. because i know this person will just ignore everything because this person thinks there in the clear cause there is no contract. i hope this helps david.