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  • #21
    Re: I need help....

    Originally posted by aashee View Post
    Be grateful you learned this lesson early. Be careful with your trust.
    I know. I'm just in a deep pile of sh*t. lol I'm scared to be honest, but I've also found support that I can get through this no matter what, and that even though this whole situation just plain sucks, it won't kill me.

    I appreciate everyone's input.

    Now to break this whole thing to my daddy....

    ~Lianna~

    Comment


    • #22
      Re: I need help....

      Originally posted by hyperlitehunny View Post
      I know. I'm just in a deep pile of sh*t. lol I'm scared to be honest, but I've also found support that I can get through this no matter what, and that even though this whole situation just plain sucks, it won't kill me.

      I appreciate everyone's input.

      Now to break this whole thing to my daddy....
      I'd worry more about your Dad's disappontment. I hate to say, owing $3000 isn't deep it's just sad how it all transpired.

      Comment


      • #23
        Re: I need help....

        Originally posted by aashee View Post
        I'd worry more about your Dad's disappontment. I hate to say, owing $3000 isn't deep it's just sad how it all transpired.
        Yea... I'm not being a good example for my younger brothers either with this situation.

        I'm scared more of my dad than of my mom. My dad is really quiet and if you press the wrong button, he explodes.

        I'm not exactly sure how to bring it up to him...

        ~Lianna~

        Comment


        • #24
          Re: I need help....

          Originally posted by hyperlitehunny View Post
          What about the paper I've signed? That's probably going to be used against me.
          The thing is that you signed that under duress.
          1.compulsion by threat or force; coercion; constraint.2.Law. such constraint or coercion as will render void a contract or other legal act entered or performed under its influence.3.forcible restraint, esp. imprisonment.
          If you can prove, or convince a judge that you where under duress it would more or less void the contract.
          *all of my legal knowledge comes from reading books by John Grisham and watching Peoples Court*
          Of course if you can prove that she was paying you under the table (fairly easy since she did not pay taxes, so there are little to no paper work saying you were an employee) she can get in a whole bunch of trouble.

          Now do you have a recipt or anything saying that you have payed her $200?

          Comment


          • #25
            Re: I need help....

            Originally posted by DarthDucky View Post
            The thing is that you signed that under duress.


            If you can prove, or convince a judge that you where under duress it would more or less void the contract.
            *all of my legal knowledge comes from reading books by John Grisham and watching Peoples Court*
            Of course if you can prove that she was paying you under the table (fairly easy since she did not pay taxes, so there are little to no paper work saying you were an employee) she can get in a whole bunch of trouble.

            Now do you have a recipt or anything saying that you have payed her $200?
            Bank of America has an electronic copy of the check that I sent to her...

            ~Lianna~

            Comment


            • #26
              Re: I need help....

              If anyone wants to know what the unofficial document said, here it is typed out:

              "Lianna B. (me) has 90 days from Nov 5, 2009 to pay S. A. (i do not want to put her real name) back for the total sum of $3,552.57. Interest will be calculated based on the AMEX interest rate of 21.9%. First payment must be made by Nov 13th, 2009. If payments are not made, S. A. will report this to the police under California Penal Code 487. Grand theft."

              I signed it and she has signed it.

              ~Lianna~

              Comment


              • #27
                Re: I need help....

                I am assuming that you do not have the original staement in writing. The one that says you can spend all you need on the kid?

                Comment


                • #28
                  Re: I need help....

                  Originally posted by DarthDucky View Post
                  I am assuming that you do not have the original staement in writing. The one that says you can spend all you need on the kid?
                  We never had a written agreement when she hired me. It was all verbal. This is the only written agreement that we've had in the entire 4-5 months that I was working for her.

                  ~Lianna~

                  Comment


                  • #29
                    Re: I need help....

                    Originally posted by hyperlitehunny View Post
                    If anyone wants to know what the unofficial document said, here it is typed out:

                    "Lianna B. (me) has 90 days from Nov 5, 2009 to pay S. A. (i do not want to put her real name) back for the total sum of $3,552.57. Interest will be calculated based on the AMEX interest rate of 21.9%. First payment must be made by Nov 13th, 2009. If payments are not made, S. A. will report this to the police under California Penal Code 487. Grand theft."

                    I signed it and she has signed it.
                    I don't know, this sounds like a scare tactic and that letter sounds fishy to me. After reading all the responses, I really do hope you can find some legal advice. If anything,she can probably take you to small claims court and have you guys duke it out.

                    And I am curious, did you happen to mention to her that you are investigating this matter considering she did pay you under the table? She could be held liable for not reporting payroll or taxes, And yes that goes for you just as well. It just sounds to me no one is going to win in this situation.

                    Good luck and I am really interested on what advice you get from this matter.

                    Comment


                    • #30
                      Re: I need help....

                      Originally posted by Ginarella View Post
                      I don't know, this sounds like a scare tactic and that letter sounds fishy to me. After reading all the responses, I really do hope you can find some legal advice. If anything,she can probably take you to small claims court and have you guys duke it out.

                      And I am curious, did you happen to mention to her that you are investigating this matter considering she did pay you under the table? She could be held liable for not reporting payroll or taxes, And yes that goes for you just as well. It just sounds to me no one is going to win in this situation.

                      Good luck and I am really interested on what advice you get from this matter.
                      Yea, I kinda figured if I was paid under the table, that we're both screwed.

                      I didn't mention it to her at all about my investigating and looking for legal advice.

                      I broke it all to my dad and I can hear the disappointment in his voice. I'm just so stupid for not keeping track of anything. Ugh.

                      I just want to jump of a bridge.

                      ~Lianna~

                      Comment


                      • #31
                        Re: I need help....

                        Originally posted by hyperlitehunny View Post
                        We never had a written agreement when she hired me. It was all verbal. This is the only written agreement that we've had in the entire 4-5 months that I was working for her.
                        This is why you need to ALWAYS have signed documents to have a paper trail, in case something like this happens.

                        And your parents should help and support you through this. If they don't, I'm sorry but you have crappy parents if they don't. Parents need to show unconditional love and support for their kids no matter what happens.

                        About 9-10 years ago I got into a little financial trouble (too many credit cards and got in a little over my head). My dad was a little disappointed, but he helped me out, but he made sure I learned my lesson, and I did. And I'm very thankful he was willing to help me get out of the little hole I had dug myself into.

                        Comment


                        • #32
                          Re: I need help....

                          Originally posted by aimster View Post
                          This is why you need to ALWAYS have signed documents to have a paper trail, in case something like this happens.

                          And your parents should help and support you through this. If they don't, I'm sorry but you have crappy parents if they don't. Parents need to show unconditional love and support for their kids no matter what happens.

                          About 9-10 years ago I got into a little financial trouble (too many credit cards and got in a little over my head). My dad was a little disappointed, but he helped me out, but he made sure I learned my lesson, and I did. And I'm very thankful he was willing to help me get out of the little hole I had dug myself into.
                          My parents are very disappointed in me, but that's fully understandable. They're not happy with me and all that other stuff, but they are willing to help as much as they can. My dad told me to seek legal advice. My mom came home and told me she already found a lawyer. O.O (lol)

                          I know they're probably PO'd like fudge, but they're going to stick with me on this and help me out. It sucks not having a job though, I don't want them to pay for too much to save my toosh.

                          ~Lianna~

                          Comment


                          • #33
                            Re: I need help....

                            I would check your credit report to see if the AMEX card is listed. You can get a free report once a year I think. Better to be safe than sorry. I really hope things work out for you.

                            PS Don't jump off the bridge.....this is just a bump in you life.

                            Comment


                            • #34
                              Re: I need help....

                              Lianna,
                              Sorry that you ended up in this situation when all you wanted to do was make a little money doing something you enjoy.

                              While not firm, you do have some legal ground to stand on.

                              Your former employer is hoping to scare you into paying the money when she had you sign that document. I can tell you for sure that if she were to bring the matter to the police, they would shrug their shoulders and say that she was SOL since this is not grand theft. Just like you have no proof of past verbal agreements or employment, she has no proof either. The thing that helps you out is that AMEX can show that, as the owner of the card, she added you as an authorized user. This can be used to show that she allowed you access to her card.
                              What you need to do is make copies of all your receipts from when you used the card (or what you have that shows you only owe $1700), document on each which charges are yours and which are for the daughter, and create a summary sheet which totals up the charges which you believe that you are responsible for. Create a letter in a calm, businesslike tone stating that after going over all of your records you believe that you only owe $1700 (or so) and that you are more than willing to pay back that amount. If she wants to dispute that, then ask for details on the charges she believes are yours. If, at any point, she threatens to take you to court or take it to the police, inform her that your attorney will need any paperwork proving the amount.
                              At this point, she could back off, or she could then proceed to court. As others have said, it would be small claims court. Without proper paperwork and the "under-the-table" employment she'd be on just as much shaky legal ground as you are and the case could end up being a wash.

                              Seek legal aid on Monday. You've nothing to fear from police involvement as that was just a scare tactic. Explain to your parents that you know what you did is wrong and that you need their emotional support now, not their financial support.

                              I hope that everything will work itself out without too much more frustration and stress for you.
                              ______________________________________________
                              "Screw with my pixie dust at your own peril!" - Mr. Wiggins

                              Comment


                              • #35
                                Re: I need help....

                                The fact remains that if she decides to sue you and you come forward with the fact that she paid you under the table, she will be on the hook for much more money in taxes than the amount she says you owe her.

                                Do you have copies of checks she has written you? Anything that shows your were her employee?
                                One day your life will flash before your eyes. Make sure it's worth watching.


                                Originally posted by Mouse princess
                                Of course I am worried about your mental health. I want happiness for all. Like we can all be like the Smurfs. But without Gargomel. He was mean.

                                Comment


                                • #36
                                  Re: I need help....

                                  Originally posted by NatdRat View Post
                                  Lianna,
                                  Sorry that you ended up in this situation when all you wanted to do was make a little money doing something you enjoy.

                                  While not firm, you do have some legal ground to stand on.

                                  Your former employer is hoping to scare you into paying the money when she had you sign that document. I can tell you for sure that if she were to bring the matter to the police, they would shrug their shoulders and say that she was SOL since this is not grand theft. Just like you have no proof of past verbal agreements or employment, she has no proof either. The thing that helps you out is that AMEX can show that, as the owner of the card, she added you as an authorized user. This can be used to show that she allowed you access to her card.
                                  What you need to do is make copies of all your receipts from when you used the card (or what you have that shows you only owe $1700), document on each which charges are yours and which are for the daughter, and create a summary sheet which totals up the charges which you believe that you are responsible for. Create a letter in a calm, businesslike tone stating that after going over all of your records you believe that you only owe $1700 (or so) and that you are more than willing to pay back that amount. If she wants to dispute that, then ask for details on the charges she believes are yours. If, at any point, she threatens to take you to court or take it to the police, inform her that your attorney will need any paperwork proving the amount.
                                  At this point, she could back off, or she could then proceed to court. As others have said, it would be small claims court. Without proper paperwork and the "under-the-table" employment she'd be on just as much shaky legal ground as you are and the case could end up being a wash.

                                  Seek legal aid on Monday. You've nothing to fear from police involvement as that was just a scare tactic. Explain to your parents that you know what you did is wrong and that you need their emotional support now, not their financial support.

                                  I hope that everything will work itself out without too much more frustration and stress for you.
                                  I don't think I have any of my receipts anymore. I'm stupid for not saving those, I guess. I just have my AMEX statements, and I highlighted what was specifically mine; what was charged for her daughter I left unhighlighted.

                                  She's a powerful woman, money-wise. She'll probably take me to court. My mom has said, "She will destroy you, Lianna." So I guess I'm SOL too. heh

                                  Originally posted by IndianaJenn View Post
                                  The fact remains that if she decides to sue you and you come forward with the fact that she paid you under the table, she will be on the hook for much more money in taxes than the amount she says you owe her.

                                  Do you have copies of checks she has written you? Anything that shows your were her employee?
                                  The only copies of the checks she's written me are when I sign onto my BoA account. I also have the calendar of from Sept to Oct, which shows like my school schedule and when I was supposed to have her daughter. That's pretty much all I have. Everything was a verbal agreement.

                                  I don't think I have her Craigslist ad or w/e because my trash empties itself after a certain amount of days or w/e.

                                  My dad says that I wasn't paid under the table, so now I'm getting confused about the whole term 'under the table' now...

                                  ~Lianna~

                                  Comment


                                  • #37
                                    Re: I need help....

                                    Because I'm curious and odd I googled California Penal code 487 (I just wanted to see if this lady is full of... poo. It would be funny to google it and find out it's about something random like public intoxication or something...) . Here's what it is:
                                    Grand theft is theft committed in any of the following cases:

                                    (a) When the money, labor, or real or personal property taken is
                                    of a value exceeding four hundred dollars ($400), except as provided
                                    in subdivision (b).
                                    (b) Notwithstanding subdivision (a), grand theft is committed in
                                    any of the following cases:
                                    (1) (A) When domestic fowls, avocados, olives, citrus or deciduous
                                    fruits, other fruits, vegetables, nuts, artichokes, or other farm
                                    crops are taken of a value exceeding one hundred dollars ($100).
                                    (B) For the purposes of establishing that the value of avocados or
                                    citrus fruit under this paragraph exceeds one hundred dollars
                                    ($100), that value may be shown by the presentation of credible
                                    evidence which establishes that on the day of the theft avocados or
                                    citrus fruit of the same variety and weight exceeded one hundred
                                    dollars ($100) in wholesale value.
                                    (2) When fish, shellfish, mollusks, crustaceans, kelp, algae, or
                                    other aquacultural products are taken from a commercial or research
                                    operation which is producing that product, of a value exceeding one
                                    hundred dollars ($100).
                                    (3) Where the money, labor, or real or personal property is taken
                                    by a servant, agent, or employee from his or her principal or
                                    employer and aggregates four hundred dollars ($400) or more in any 12
                                    consecutive month period.
                                    (c) When the property is taken from the person of another.
                                    (d) When the property taken is any of the following:
                                    (1) An automobile, horse, mare, gelding, any bovine animal, any
                                    caprine animal, mule, jack, jenny, sheep, lamb, hog, sow, boar, gilt,
                                    barrow, or pig.
                                    (2) A firearm.
                                    (e) This section shall become operative on January 1, 1997
                                    So yeah.

                                    And here's what paying under the table means:
                                    What does it Mean to Pay Someone "under the Table"?
                                    I know politicians get into trouble when they do this.

                                    I think you get you shouldn't have used the card without her daughter being present every time you swiped it. Talk to an attorney or maybe talk to an accountant. I have a feeling this woman is breaking some accounting laws. Oh and now go read "The Nanny Diaries." That's required reading, especially for you right now.

                                    Comment


                                    • #38
                                      Re: I need help....

                                      She's a powerful woman, money-wise. She'll probably take me to court. My mom has said, "She will destroy you, Lianna." So I guess I'm SOL too. heh
                                      Wow. Nice parental support there, mom. Way to make your daughter feel worse than she probably already does. :blink:

                                      Comment


                                      • #39
                                        Re: I need help....

                                        Originally posted by aimster View Post
                                        Wow. Nice parental support there, mom. Way to make your daughter feel worse than she probably already does. :blink:
                                        We all raise our kids different ways. I wouldn't be too tough on the parents considering they get the luxury of having to help her out of this mess. The fact that they haven't brought the hammer down is pretty admirable in this situation. Being a parent I'm not too harsh when other parents have good intentions.

                                        Seems like she has pretty good support. It's easy to be an armchair quarterback when you don't have the ball.

                                        Comment


                                        • #40
                                          Re: I need help....

                                          Originally posted by aimster View Post
                                          Wow. Nice parental support there, mom. Way to make your daughter feel worse than she probably already does. :blink:
                                          It was cool, I mean, I know what I did wrong and yea, I know I pretty much dug myself a grave. I accept my mom's bluntness for the situation. lol I had to agree though, because it is true, she will probably try to ruin me because of all the money she makes.

                                          Originally posted by aashee View Post
                                          We all raise our kids different ways. I wouldn't be too tough on the parents considering they get the luxury of having to help her out of this mess. The fact that they haven't brought the hammer down is pretty admirable in this situation. Being a parent I'm not too harsh when other parents have good intentions.

                                          Seems like she has pretty good support. It's easy to be an armchair quarterback when you don't have the ball.
                                          I'm surprised I didn't get my head chewed off. My mom was more angry than my dad. My dad was very calm; he was mad that I was stupid enough NOT to keep copies of everything (Which I can agree with...) and he said that I should seek legal advice and that she may take me to court. I know he's disappointed, but at the same time, he'll be here to help.

                                          I will keep everyone posted. I will be calling the Legal Aid of Santa Clara County for advice, when they open up on Monday. But I have a feeling between now and then, she will keep contacting me. Should I be worried that she actually went as far as seeking another phone number to contact me at, and she eventually called my GRANDMA'S HOUSE?

                                          Anywho, I am very thankful for the support of my parents and my boyfriend, and from all of you here at MC. <3 I really do appreciate all the information and advice from everyone. I mean, if you wanna call me 'stupid' for what I did, that's fine by me, because I know what I did was, in fact, stupid! lol I know what I did wrong, and even though this whole situation is not over yet, boy did I learn my lesson!

                                          ~Lianna~

                                          Comment

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