What if any are the legal reprocussions for me in this situation?-live in minnesota--went to work as a sub contractor for a contractor in north dakota doing roofs-- then they took me on as an employee to manage and complete some flood restoration homes- they printed business cards in my name under their business--no contracts between them or I, only between them and the customer--I paid for materials out of my pocket then turned in a bill to them weekly for the materials and labor that I hired--money became scarce and I got in deeper (aprox $50,000)--I startyed doing side work for the customers in order to get paid of which the General terminated me for doing--the cost for each project went beyond their contract-now they are threatening to press charges and try to collect the losses from me as well. What are the criminal and civil issues here?
Country relating to Question: United States
State (if USA): North Dakota
Trying to collect what I am owed as they also stopped payment on a check for a completed roof job.
Thank you for your question. Be sure to go ahead and bookmark www.nateanswers.com for future questions.From what you described, they owe you money and have not paid. In what possible way and on what basis are they threatening you?
Just saying they have talk to a da and can press charges because I left, they are over the contract amount on the projects, I did side work and so got paid from customer directly, saying their situation is my fault because I gave them aproximate numbers for each job and they are over that amount.
There certainly are no criminal issues here. Their mention of the DA is bluster to try to intimidate you.
The other issues are up for debate. If you can prove you provided accurate estimates, then you have nothing to worry about. The ball is in their court. It seems to me that if anyone has a suit here, it's you, for the money that you are owed for the work done and the supplies they have not paid you for. I suggest you find a local attorney to begin the process of filing a lawsuit against them on your behalf.
Please remember to only rate my answer when you are 100% satisfied. IF you feel the need to rate "Poor Service" or "Bad Service", please stop and reply to me via the REPLY TO EXPERT button with the issue you have.
I am not paid unless I get a rating of 3 to 5 Stars/Smiley Faces. If I have helped you with your question, please give me an appropriate rating so that I get credit for helping you.
Thank you, Nate
My estimates were most times over the phone or scratch paper numbers and again there was never anything in writing between them and I just them and the customer. Call me stupid for not having a contract, I know!!
That said, they cannot come after you for anything. You at least have the receipts and invoices and supplies for what you purchased for them. That would be what you rely upon in suing them. Make them prove the estimates were "off". That burden would be on them.
If you have further questions, please feel free to continue. If not, please do remember to leave a positive rating for my assistance today.
So their threat to go to the DA's office on monday to sign papers and press charges could be whatever it is they are claiming so if they did so what is the process? Do they come to another state to arrest me or do I have the opportunity to answer a complaint by mail? If it were really something wouldn't the DA just take it himself and not even need them to sign anything?
None of that is possible. There isn't ANYTHING remotely criminal about this. They are just trying to scare you. The DA's office isn't going to get involved in a civil dispute, which is what this is.
If anything, they owe you. If they sue you, counterclaim. There is no criminal aspect to this at all. You are not going to get arrested.
Without anything in writing; it seems it would be all word of mouth which would result in what? Criminal or Civil? I do have all receipts and invoices.
It would only be civil. That you have proof of what you spent is sufficient. You can win under a claim called "unjust enrichment". That means they benefitted from your expenditures and did not compensate you.
Over 8 years of legal practice.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).