I am in Nova Scotia, Canada.My former employers caught me stealing money from them and did not go to the police. Instead, I am to repay them an amount. Their lawyer sent me a Promissory Note which I am to sign and return, stating that I will repay the entire amount owed by May 31, 2012. As I do not have the ability to repay the entire amount, I asked to have the payment split into monthly amounts. They generously agreed to this. Now, I am being told that I still have to sign the Promissory Note but when I asked if the date should be changed to reflect the payment plan, I was told: " If the promissory note’s date is changed there is no acknowledgment that the debt is due. For the agreement to proceed you must sign the note confirming it is due and payable now." So, the only thing I have stating that they agree to let me repay the debt over time is an email from the lawyer which says that the company will honour the plan as long as I do (meaning that if a cheque bounces, the company will "exercise it full rights under the law.")I understand that given what I did it sounds ridiculous of me to say this but I'm not sure if I trust this. If I sign and return the note, could they turn around and demand immediate payment? In cases where a payment plan has been set up, is the promissory note's date changed or is it totally fine that the date on the document is well before when the debt will actually be paid?
State/Country relating to question: Canada
What province is this?
I see it's NS.
When did you steal the money?
How much money is involved here?
They have agreed to an initial payment of $1,000 and then I am to give them 50 post dated cheques for $500
They have agreed to the repayment schedule because I have been unable to secure a loan to repay them all at once and I have no assets to sell - if they tried to sue me, I believe I am judgement proof
I just want to make sure that it's okay that the promissory note is okay, even if it's dated incorrectly
That's a lot of money and it's a serious criminal offence as you likely know. The amount is over $5000 which makes it more serious and you were in a position of trust which makes it much more serious.I am not sure you have much choice in terms of trusting them.They can call the police and sue you. You are not Judgment proof. They can garnish your wages or seize assets once you do have them.But here's what I suggest.I think you should see a lawyer, face to face, and I don't think you should sign a thing before you do.You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free. Let me find the number for you.
The number is:
Call XXX-XXXX in Halifax or 1 (XXX) XXX-XXXX toll free in Nova Scotia.
You need actual legal advice rather than just relying on general legal information that you can get from me.
You need a lawyer to evaluate what happened, when, what they are saying and what the note will say.
Okay, thank you so much.
You cannot consider signing a legal document without doing this.
You are very welcome.
Actually, I am afraid that if I go to a lawyer and they suggest some sort of change to the note, that my former employers will just become angry (perhaps in thinking that I am trying to "fight" them on it) and they will call off the payment plan and call the police. I am grateful that they are not pressing charges and I just want to be careful that they don't, so wouldn't I be wise to just do whatever they ask of me?
NoThe lawyer is smart and will understand what your concerns are.So I think you should see a lawyer for sure.Then decide how best to proceed.