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Im trying to prove where the money of a construction project

 
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Customer Question

I'm trying to prove where the money of a construction project was spent. Would a judge exept notorized letters from my workers of how much money I paid them?

 

Optional Information:
Country relating to Question: United States
State (if USA): Texas

Submitted: 320 days and 14 hours ago.
Category: Legal
Value: $48
Status: CLOSED
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Expert:  Ely replied320 days and 13 hours ago.

Hello and thank you for the opportunity to assist you. There may be a slight delay between your follow ups and my replies as I am typing out my answer. Please remember that this is general information only, not legal advice, and no attorney-client relationship is formed.

Yes, but not in that format. If you are seeking to show that you have paid money to someone, they can help you by stating this in two ways to the Court:

1) Affidavits. Affidavits are notarized declarations that are filed with the Court. If this is what you mean by "notarized letters," then yes, this can be done. Said affidavits generally follow the following format:

NAME appeared in NAME before me today and stated under oath:

My name is NAME. I am above the age of eighteen years, and am fully competent to make this affidavit. The facts stated in this affidavit are within my personal knowledge and are true and correct.

(state the facts as needed)

I am available for testimony to stand by these facts and exemplify as needed.

__________________
NAME

__________________
SIGNED under oath before me on the ____ day of (date)

Notary Public
State of Texas


Such an affidavit must be filed with the Court at least 14 days prior to a hearing where it would be introduced as evidence, and a copy is to be sent to opposing party.

2) Testimony. The best way to do this is via testimony, and if they agree to testify on your behalf, then this would be even more believable. If they refuse, you may always subpoena them, but it is best to have them come willingly.

I hope this finds you well. Please click Reply to Expert to keep talking, or rate my answer when we are finished. Kindly rate my answer as one of the top three faces because this is how I get credit for my time with you. Otherwise, reply to chat more until we are finished and you are ready to rate. I work very hard to formulate an informative answer for you; please reciprocate my good faith. (You may always ask follow ups free after rating.)

Customer replied320 days and 13 hours ago.


Let's say some of my employees are not on the country and I can't prove there payment, what's the worse thing that can happen?

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Expert:  Ely replied320 days and 13 hours ago.

Tell me more - is this a civil suit or criminal suit? Can you tell me what you are being sued for, etc?

Customer replied320 days and 13 hours ago.


I'm not being sue but had a problem with a contractor that was behind on payments so I decided to leave the job until I got more money from him but now he is saying that the owners of the property are going to take me to criminal court. I don't even know the owners and I don't have a contract with him either. Don't know if he is trying to scare me or if the owners could really do something.. The problem is that some of my workers get pay casch and at the end of the year I send them there tax. I told him that until I get my next draw I wouldn't return.

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Expert:  Ely replied320 days and 13 hours ago.

Hello and apologies for the wait. I am working on your question now.

Accepted Answer

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Expert:  Ely replied320 days and 13 hours ago.

First, understand that it is very unlikely that this would be a criminal matter. This is a civil matter, and if the other party files a criminal complaint, the authorities are likely to tell them to "take it to the civil court" because this is stemming from a civil matter.

So they are just trying to scare you.

At worst case scenario, the contractor can take you to civil court, where he would have to show that you somehow cheated him out of money. If so, then the Court would render a judgment against you for whatever amount you supposedly cheated him out of (plus legal fees).

But again, this is not a criminal matter.

I hope this finds you well. Please click Reply to Expert to keep talking, or rate my answer when we are finished. Kindly rate my answer as one of the top three faces because this is how I get credit for my time with you. Otherwise, reply to chat more until we are finished and you are ready to rate. I work very hard to formulate an informative answer for you; please reciprocate my good faith. (You may always ask follow ups free after rating.)

Expert TypeCounselor at Law
Category: Legal
Pos. Feedback: 98.6 %
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Answered: 7/4/2012

Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

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