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Old 06-23-2008, 10:13 PM   #1
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Default Anybody with any type of law background?

You know you got it bad when you come to miata turbo for advice in this kinda field...

SO i've been doing landscaping for a co-worker of my girlfriend's all summer. He owns an under the table company on the side and i've basically been a tthe head of it (two mexicans and me)..well he started shorting me a little here and a little there a couple weeks ago, whatever times are bad for him i can deal..well he tried to shaft me 385 bucks about a week and a half ago, so i tell him he can either pay up or im putting in a two weeks. He said bye basically. As far as i know he doesnt even have anything that could make him think he's entitled to keeping my wages and i KNOW he legally has jack-****. My question is now that i've gone and filed a law-suit against him for the $565.00 that he owes me, what exactly should i have ready in court? I've already got my hour's sheet showing where he's shorted me the cash and a typed up dialouge of the text message converstions (i like text better than phone calls so i have a fool-proof record of what was said ) over the past few days where he tries to offer me MUCH less to "settle" to avoid taking him to court since the business is all under the table and illegal...for those REALLY interested i attahced the text-conversations they're kinda funny if you read some of the things he said (he has pretty poor texting abilities)...

Anybody has any advice i'll be very grateful, if not then i hope i gave atleast one person a little chuckle while i vented!
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Old 06-23-2008, 11:10 PM   #2
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A list of places that you did work, with preferably attestations (sp? its ******* hot here, my brain is cooked) from the people who hired your boss to do the work. Small claims court usually finds in favor of the employee. Also visit H&R block to find out what kind of tax forms you would need to pay taxes on your income. Because you want to prove how you are an upstanding citizen. Also documents where he previously payed you *(bank statements with deposits shown) and the your time sheet so you can have a proven record of your hourly or job rate....


Again I have probably forgot stuff, but more documentation the better... I am off to cool down
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Old 06-23-2008, 11:28 PM   #3
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Although I am not a lawyer, I have extensive LE background and I currently work antiterrorism for the federal government and deal with illegals. My wife is a paralegal. This is not legal advice but my opinion based on my experiences and some imput from the wife. You are knowingly working for a business that is not legit. He employs illegals (which you are aware of). You are recieving wages that you are not claiming....drop the case, and suck up the loss. You will most likely both get fucked. You are opening a can of worms that neither of you really want to deal with. Just my 3 cents.
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Old 06-24-2008, 12:03 AM   #4
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If you buy a bag of weed from a drug dealer and he shorts you are you going to sue him? Now ask yourself why you wouldn't.
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Old 06-24-2008, 01:03 AM   #5
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If you buy a bag of weed from a drug dealer and he shorts you are you going to sue him? Now ask yourself why you wouldn't.
Well in my defense...i was under the impression i was going to get a 1099 at the end of the year, then i found out otherwise recently since all his money is under the table as well thats another reson i decided to cut ties, and the two mexicans are both legal, i made sure of that befre i started working with them and if they werent trust me they'd be back in meh - he - co by now...**** illegals ...legal immigrants dont bother me though, atleast they're trying to do it the right way.
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Old 06-24-2008, 07:32 AM   #6
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although I Am Not A Lawyer, I Have Extensive Le Background And I Currently Work Antiterrorism For The Federal Government And Deal With Illegals. My Wife Is A Paralegal. This Is Not Legal Advice But My Opinion Based On My Experiences And Some Imput From The Wife. You Are Knowingly Working For A Business That Is Not Legit. He Employs Illegals (which You Are Aware Of). You Are Recieving Wages That You Are Not Claiming....drop The Case, And Suck Up The Loss. You Will Most Likely Both Get Fucked. You Are Opening A Can Of Worms That Neither Of You Really Want To Deal With. Just My 3 Cents.
+1
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Old 06-24-2008, 09:15 AM   #7
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As the court date nears, maybe he'll become nervous enough that he'll settle for the full amount. Try dropping some hints that you're going to out him in court to grease the wheels?
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Old 06-24-2008, 09:17 AM   #8
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Your text prove nothing other than you don't agree on how much he owes you, and that you know he is operating illegally. Ever seen the show "worlds dumbest criminal"? Guy robs a store, leaves the store and gets robbed, Guy reports that somebody robbed him and took his stolen money, guy goes to jail. Take the loss and move on. Get a job with a legit employer. If you go through with this, and don't end up in jail yourself, please report back how it turned out. Should be interesting.
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Old 06-24-2008, 09:20 AM   #9
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As the court date nears, maybe he'll become nervous enough that he'll settle for the full amount. Try dropping some hints that you're going to out him in court to grease the wheels?
Outing the guy outs himself...he has been recieving money under the table and not paying taxes on it...pretty sure that is a federal offense. You can say until you are blue in the face that you thought this and that, it aint going to fly in front of a judge. Most judges are not stupid, that's how they become judges.
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Old 06-24-2008, 09:46 AM   #10
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I'm not a lawyer either, but...

This sounds like you'll fail due to the 'clean hands doctrine' (google it). You're essentially saying that your associate is denying you your share of the proceeds of illegal activity. The best you could hope for is the case gets dismissed.
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Old 06-24-2008, 10:30 AM   #11
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just get the irs on his ***, there are rewards for turning people in. If you want information let me know. A coworker of mine was an auditor.

http://www.irs.gov/compliance/articl...180171,00.html
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Old 06-24-2008, 10:53 AM   #12
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Dude, you are working under the table, no court system should ever help you...
I say go kick that ************* ***, he can't sue you since then the court would find out why you kicked his *** and charge him, too. So go for it, kick his *** and take his wife and make her your bitch in front of him, and take pics of that for us...and if you can't do that, ask hustler to come help you or do it for you, I though him everything I know!!!


Drop the charges, you are setting yourself up!
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Old 06-24-2008, 10:58 AM   #13
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Why set yourself up for a felony over a couple hundred bucks? Be less dumb.
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Old 06-24-2008, 11:08 AM   #14
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slash his tires. You know where he lives?
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Old 06-24-2008, 12:01 PM   #15
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you not paying taxes means I gotta pay MORE taxes to make up for your ***.

my advice is quit bitchin.
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Old 06-24-2008, 12:46 PM   #16
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Quote:
Originally Posted by msydnor View Post
Outing the guy outs himself...he has been recieving money under the table and not paying taxes on it...pretty sure that is a federal offense. You can say until you are blue in the face that you thought this and that, it aint going to fly in front of a judge. Most judges are not stupid, that's how they become judges.
If you re-read what I typed, none of it involves actually appearing in court.
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Old 06-24-2008, 12:50 PM   #17
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you not paying taxes means I gotta pay MORE taxes to make up for your ***.

my advice is quit bitchin.
Normally i wouldnt bitch...but this situation really sucks *** for me, i'm moving to Pennsylvania in about three weeks, i've been "out of work" for a week and a half, and i wasn't payed for almost three weeks right before that, so that means 7.5 weeks of no pay right before moving to another state at 20 years old....not fun, it's really kind of pointless to try to find a legit job here when im only going to be in this state for another three weeks or so isn't it? that is why the money's so important, despite how much it is.
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Old 06-24-2008, 01:07 PM   #18
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errr, temporary employment. Temp services, man power, home depot, day laborers. People need temp employees all the time. Should have sought some advice before making a poor decision
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Old 06-24-2008, 02:55 PM   #19
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Quote:
Originally Posted by KPLAFIN View Post
You know you got it bad when you come to miata turbo for advice in this kinda field...

My question is now that i've gone and filed a law-suit against him for the $565.00 that he owes me, what exactly should i have ready in court?

over the past few days where he tries to offer me MUCH less to "settle" to avoid taking him to court since the business is all under the table and illegal
I guess these few line threw me off. I tried to read it again but it still looks like you said you filed a suit (which requires going to court) and you asked what to take to "COURT" and....asked about settling vs having to go to "COURT" I guess I should put on my glasses...oh, wait, I don't wear glasses.
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Old 06-24-2008, 09:26 PM   #20
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If you buy a bag of weed from a drug dealer and he shorts you are you going to sue him? Now ask yourself why you wouldn't.
Not unheard of in my town... We have even had judges give turds back there weed. But this is Oakland...

You in with that SUASI stuff?
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