more drama in my life. what is my recourse?

[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.


so now what do i do, this person owes me a couple of checks and is playing the run around game. i have no contract or anything. ive seen on a movie from this Canadian guy using the notary process. http://youtube.com/watch?v=PayFjY4CQSE that is the link, starts at 4min.(check it out to see if im wrong for going down this route) this is Canada stuff so might be different but if this guy is right.... i should be able to present the bill for services rendered in a proper presentment manner, and when this person doesn't repley cause they wont. cause they just ignoring me. that means they are accepting it right? then i can take my package of proof to a justice of peace and show them i tried to do it lawfully??


suggestions ???

[sheisaceo]

Start with a certified demand letter. I know what everyone says about certified being in the public domain but that is what you are working with right now. If you want to add further impetus, then add a certificate of service to include notary or the postmaster personally. Give him or her a deadline that is reasonable say within three weeks from the date that you send it and then come back here and we can pursue it further.

A demand letter is always what 'gets the ball rolling' FYI.

[David Merrill]

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 ???

I suggest you frame your situation clearly if you want any help from strangers over the Internet.

...basically he would write the total amount to me...

"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.

[TXcarlosTX]

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.

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.

[BOBT12]

Originally Posted by TXcarlosTX

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.

Is there a witness of this agreement? Even then, this is tough case to work with.

Many states have a list of things that must be reduced to writing before there can be any court intervention. I believe this type of an issue may listed under the Statute of Frauds, or something like that. This matter might fall into such a category.

Currently, the only documentation is your endorsement of the check over to the other party, without limitation.

There were a number of ways you could have documented your intentions, i.e., written agreement (contract), a letter confirming the arrangement, a note written on the check itself, and perhaps third party witnesses, etc. Yet, it looks like you may not have anything of this nature.

[David Merrill]

Originally Posted by TXcarlosTX

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.

Okay then, you have it documented. You have checks from this fellow for the same amount as the invoice; proving that he would fully refund you your funds - and you have a corresponding amount of $75 checks written to him for compensation. There you have the contract defined in instruments.

Which of course stumps me again. If you can find him to lien him, you can find him to talk like in Matthew 18 - which would lead to a civil suit or lien anyway.

So this only makes sense because you know where his stuff is. You want to lien his stuff. I suppose you could post a notice on his stuff that you have the first lien, due to his skipping on your $2500 funds he had in hand. Twenty-one days might suffice. Change the locks and mount a nannycam or whatever, check on the place often.

Either publish the notice in the county clerk and recorder or pay a sheriff deputy to post it.

Then hold a yard sale. Notify the sheriff so they might have a deputy dropping by "keep the peace".



Regards,

David Merrill.

[TXcarlosTX]

i was hoping i would get a 3rd party approval from someone else about the notary process that i was talking about on my first original post. did anyone check it out? i know its canadian, trying to see if that process works. the guy in video says its not about the facts but about the way you present your bill. if ingored, its like if they agree. then i could take my package of proof to a JP and show them that i presented the bill lawfully. then i would get an order for amount on bill.

[BOBT12]

Originally Posted by David Merrill

Okay then, you have it documented. You have checks from this fellow for the same amount as the invoice; proving that he would fully refund you your funds - and you have a corresponding amount of $75 checks written to him for compensation. There you have the contract defined in instruments.

Thanks David, this shows a history of dealings, which would seem to support the Original Poster's views.

Which of course stumps me again. If you can find him to lien him, you can find him to talk like in Matthew 18 - which would lead to a civil suit or lien anyway.

True.

So this only makes sense because you know where his stuff is. You want to lien his stuff. I suppose you could post a notice on his stuff that you have the first lien, due to his skipping on your $2500 funds he had in hand. Twenty-one days might suffice. Change the locks and mount a nannycam or whatever, check on the place often.

Either publish the notice in the county clerk and recorder or pay a sheriff deputy to post it.

Then hold a yard sale. Notify the sheriff so they might have a deputy dropping by "keep the peace".

Regards,

David Merrill.

Most of these authorities work with a court order a little more often, thus, better cooperation.

[ezrhythm]

That is Robert Menard in the vid. His site/forum is;
http://thinkfreebefree.proboards105.com/index.cgi

Yes, the same process is valid here in the states.

commonlawvenue notary process links

[TXcarlosTX]

Originally Posted by ezrhythm

That is Robert Menard in the vid. His site/forum is;
http://thinkfreebefree.proboards105.com/index.cgi

Yes, the same process is valid here in the states.

commonlawvenue notary process links

cool!!

ok so from robert this is my understanding of the process

(this is based on no reply)
*send bill via certified mail

*take to notary,they keep original and gives me a true certified copy and notary send a notice of bill (i dint see a notice of bill on your link ezrhythm)

*notice of dishonor, notary send me original and sends out a certified true copy of this instrument.

*notice of protest, notary stamps it sends out certified copy out

GAME OVER I WIN?
take to my JP court?

did i get it? help please, thanks