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TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4083
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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i worked for a friend for close to 2 years in a venture that

Customer Question

i worked for a friend for close to 2 years in a venture that was to lead to payment down the road. My labor was an investment in the venture, as i have experience and equipment as well as time to invest.   Just within the first couple of months of the venture getting started, the friend hired a woman who as time went on, became a love interest. I did not agree with this and as more time went on, I left the venture with no money as was due me. What is the procedure in collecting the money that is due me . It was never represented by me that I would workfor nothing.
Submitted: 5 years ago.
Category: Legal
Expert:  TexLaw replied 5 years ago.
Hi,

I'd be happy to answer you question if you would answer a few questions for me:
1. In what State the venture took place?
2. How long ago did you leave the venture?
3. What kind of work was the venture?
4. Was there any kind of written agreement?
5. Did you receive any kind of payment (in any form) at all while there?

If you answer these questions, then stay on line, I will get back to you shortly with a thorough response.
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4083
Experience: Lead trial/International commercial attorney licensed 11 yrs
TexLaw and 11 other Legal Specialists are ready to help you
Customer: replied 5 years ago.
The venture was in Tenneese. I left the venture about a year ago. There was no written agreement and alot was left to be discussed at a later date. As I was collecting retirement money from a previous job I was not looking for a weekly paycheck. However he knew that I had left a well paying similar job to work with him and he did make one payment of $5000.00, the firt year. I am also friends with the guys wife, and at this time I still don't think she knows about the affair that he is having, as it is in a different city. This causes more problems as I do not want to be the one to bring it up, so there is no winning this situation on several levels. I can get witnesses to verify the employment and money charged formy work.
Expert:  TexLaw replied 5 years ago.
Let me start out with this:

Thank you for submitting your important legal issue to Just Answer. I am pleased to have the opportunity to provide you with an honest and easy to understand answer to your question.

I am an attorney licensed in the State of Texas. The following information is a brief answer to your question. However, if you feel that you need further information or that you have other insights which might help me in providing a better answer, please feel free to write back.

You have stated that you have performed work on a project that is under the direction of your friend. You have indicated that it is a joint venture, because you have agreed to take payment at the end of the project. A joint venture is essentially a partnership. If this was the true arrangement between the two of you, then you are owed profits but also have a share of the liabilities. As you have not mentioned that you believed you were also liable for any costs on the project or could be held liable on the project, a joint venture is not likely the legal structure that would be placed on these circumstances.

What is more likely the case is that you agreed to be paid for the work you performed at an understood rate. This takes it out of a joint venture situation and makes it more into a subcontractor situation. As a subcontractor, you have several options. The first option is to place a material man's lien on any of the actual work you performed (that is if the work resulted in a tangible product). Regardless of whether this is the case, the first step you need to take is to make a written demand which states that you and he had an agreement that you were to be paid $32,000 for the work performed and that he needs to pay you this amount or make arrangements to pay for this amount.   You have already sent him invoices for the amount due, so now you need to follow up with a written demand for payment on the invoices and include any other amounts due to you. In the letter, you must state that you are demanding payment and that if you do not get payment you will consider him in breach of contract. Tell him he must pay or make arrangements to pay you the amount due within 30 days. And you have to state that if he does not pay, you will pursue legal action and file suit against him.

If he does not pay after that, I would advise retaining a lawyer (perhaps on a contingency arrangement) to pursue this claim for you in court. You have a cause of action for breach of contract and for quantum meriut.

I hope that this information has been helpful to you. If we can be of any further assistance please free to use our service again. Best wishes for a successful outcome.

If my answer has been helpful to you, please click "ACCEPT" so that I may be paid. This is the only way that I will receive compensation for the work performed. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done. Clicking "FEEDBACK" to leave your positive comments is always greatly appreciated.

The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Zachary D. Norris or The Norris Law Firm. For complete legal advice and representation, you should consult with an attorney licensed to practice in your state.


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