Page 1 of 5 1234 ... LastLast
Results 1 to 15 of 68

Thread: I need help....

  1. #1

    • aka LIANNA
    • Offline

    Join Date
    Dec 2007
    Location
    San Jose, California, United States
    Posts
    286
    Blog Entries
    7

    I need help....

    I was put as an Authorized User on my former boss' American Express card. I did not have to sign anything and she just gave me the card with my name on it.

    Specifically, she said to use the card for outings with her daughter and if I needed anything. She also said that if, at any time, her daughter and I went out, she would pay for the BOTH of us. (I was a nanny and she paid me under the table.)

    I quit in early November, and at the end of that week in November, she told me she looked over the last two statements of the AmEx card, and said she expects me to pay her the $3000+ that was charged. I looked over my statements and highlighted what was charged for my personal use only. That total came out to about $1700, not as much as the $3000+ she wants me to pay back. (All other charges were charges that I made with/for her daughter, as she has verbally told me I was allowed to do.)

    At the time of this meeting, she made me sign an agreement to pay back that money of $3000+. She was holding some of my personal belongings (my laptop and other stuff that was mine) and would not give them back until I signed the agreement.

    Signing the agreement was probably the worse thing to do on my part, but if I didn't sign she wouldn't have given me my laptop and other personal belongings back.

    I know I owe her money but I know that I also do not owe her that big of an amount. She plans to take this to court and to the police and make this all into legal matters; what are my options? Or what can I do?

    I've been told to send her a certified letter stating that I will only pay the $1700. I've also been told that what she did was blackmail (making me sign something in order to get my stuff back.). To be honest, I'm confused and not sure what to do.

    Any help would be greatly appreciated.

    ~Lianna~

  2. #2

    • Cake Anyone?
    • Offline

    Join Date
    Apr 2008
    Location
    LBC
    Posts
    2,881

    Re: I need help....

    Well you could always tell her that you will turn her in for paying you under the table. But most important you shouldn't have signed that paper. Is there a lawyer in your family?
    Taking contributions to get me back to Disneyland!

  3. #3

    • Found my prince!
    • Offline

    Join Date
    Jan 2005
    Location
    Reno, NV
    Posts
    1,221

    Re: I need help....

    Did you get a copy of what you signed?

  4. #4

    • aka LIANNA
    • Offline

    Join Date
    Dec 2007
    Location
    San Jose, California, United States
    Posts
    286
    Blog Entries
    7

    Re: I need help....

    I know I shouldn't have signed it but it was the only way to get my personal belongings.

    I do have a copy of what I've signed.

    I do not have a lawyer in my family but have been asking my friends if they knew anyone who can help with my situation.

    Someone said I'm basically screwed since I signed the paper; but I didn't want to sign it, I had to since she was taking my stuff.

    ~Lianna~

  5. #5

    • Beach Expert
    • Offline

    Join Date
    Sep 2006
    Location
    A beach town that Harbor Blvd was named after
    Posts
    10,499

    Re: I need help....

    Your former boss sounds like a g** d*** crook.

  6. #6

    • aka LIANNA
    • Offline

    Join Date
    Dec 2007
    Location
    San Jose, California, United States
    Posts
    286
    Blog Entries
    7

    Re: I need help....

    Quote Originally Posted by DisneyIPresume View Post
    Your former boss sounds like a g** d*** crook.
    What she told me was that "karma is a b****," and was waiting on me to sign the paper. I was not leaving her house without my laptop and other belongings.

    I guess I should also note that I was a live-in, paid under-the-table nanny.

    To be honest, I'm scared that she will ruin me in court; she works for some big company and all, and she has money that I don't. I've told my mom and I have yet to tell my dad.

    I'm just scared of the entire situation. I'm just looking for advice and support.

    I've already admitted to myself that what I did was stupid, and I should have never taken the job.

    ~Lianna~

  7. #7

    • Waiting for my E-Ticket
    • Offline

    Join Date
    May 2005
    Location
    Hanging out at The Attic with Johnny Dakota
    Posts
    19,486

    Re: I need help....

    I'd look into legal action. There has to be an agency around where you are that offers free or low cost legal services. Do some research. Though you signed that paper (even though you were forced), you might be in a tough spot.

  8. #8

    • ..but you can call me Pam
    • Offline

    Join Date
    Mar 2007
    Location
    The beautiful White Mountains of AZ
    Posts
    7,712

    Re: I need help....

    I would think that your former boss would be in more trouble for paying you under the table, than you would be for signing an unofficial document under duress.
    *disclaimer* I'm not a lawyer. *disclaimer*

  9. #9

    • aka LIANNA
    • Offline

    Join Date
    Dec 2007
    Location
    San Jose, California, United States
    Posts
    286
    Blog Entries
    7

    Re: I need help....

    I've been asking friends for help, and seeing if they know lawyers or anything. I've been sent links to various websites and stuff.

    The total amount that I do owe her is $1755.10. That's from the first day I got the American Express card. All the other charges on the card were made for or with her child, as she allowed me to do so.

    I agree that I am probably screwed because I signed the paper.

    Wouldn't I still be in trouble also due to the being paid under the table? We have no written contract or anything in regards to how I was being paid. She flat out paid me $250+mileage/week.

    The legal aid office here in San Jose is unfortunately closed for the entire week and they won't open up until next Monday.

    ~Lianna~

  10. #10

    •   
    • Skeevy Ray Vaughan
    • Offline

    Join Date
    Aug 2006
    Location
    Fullerton
    Posts
    37,887

    Re: I need help....

    Quote Originally Posted by 7.17.55 View Post
    I would think that your former boss would be in more trouble for paying you under the table, than you would be for signing an unofficial document under duress.
    *disclaimer* I'm not a lawyer. *disclaimer*
    Correct on both counts. Duress is real and quite often would void the signature however, the cost to get a lawyer to fight against paying the $3000 might cost more than that. But the fear that the boss threw on you could easily be thrown back by a threat of contacting the department of labor over under the table wages. Either way you could both be screwed but I'd let the captain sink with the ship and report them.

    Offer to pay what you owe because it's been brought to your attention that the way you were paid was illegal. Hell say you've contacted a lawyer, you've both broken enough laws now it doesn't really matter. Yeah, karma is a bitch.

  11. #11

    • Beach Expert
    • Offline

    Join Date
    Sep 2006
    Location
    A beach town that Harbor Blvd was named after
    Posts
    10,499

    Re: I need help....

    I'd think because this is under $5000 that this is a small claims case and you can file this yourself in small claims court. You don't have to have a lawyer present. But then you are at the mercy of a judge.

    I'll be looking for you on Judge Judy!

  12. #12

    • aka LIANNA
    • Offline

    Join Date
    Dec 2007
    Location
    San Jose, California, United States
    Posts
    286
    Blog Entries
    7

    Re: I need help....

    Quote Originally Posted by aashee View Post
    Correct on both counts. Duress is real and quite often would void the signature however, the cost to get a lawyer to fight against paying the $3000 might cost more than that. But the fear that the boss threw on you could easily be thrown back by a threat of contacting the department of labor over under the table wages. Either way you could both be screwed but I'd let the captain sink with the ship and report them.

    Offer to pay what you owe because it's been brought to your attention that the way you were paid was illegal. Hell say you've contacted a lawyer, you've both broken enough laws now it doesn't really matter. Yeah, karma is a bitch.
    So I should call the department of labor in regards to me being paid under the table, correct? I'm sorry if I misread your posting. I just want to set my mind clear. heh

    I know for a fact that I don't owe the $3000 amount that is written on the paper. I went through all the charges and I knew what was mine for personal use and what was used for her kid. Most of the charges were for her kid, and as I mentioned earlier, I only owe less than $2000.

    ~Lianna~

  13. #13

    • aka LIANNA
    • Offline

    Join Date
    Dec 2007
    Location
    San Jose, California, United States
    Posts
    286
    Blog Entries
    7

    Re: I need help....

    Quote Originally Posted by DisneyIPresume View Post
    I'd think because this is under $5000 that this is a small claims case and you can file this yourself in small claims court. You don't have to have a lawyer present. But then you are at the mercy of a judge.

    I'll be looking for you on Judge Judy!
    I think she is going to be the one to sue me in court for not paying back. I already gave her $200 because I *know* that I owe her money just not the entire amount that she came up with in her spreadsheet.

    (Sorry for the double post, I posted one response and didn't see the previous. lol)

    Does being an authorized user become invalid now because of the signed paper? Someone was telling me that as an AU, I don't have to pay the debt. But isn't that only if the bank is coming after me? I think in this case it is account holder versus authorized user.

    I'm so confused.

    ~Lianna~

  14. #14

    • Waiting for my E-Ticket
    • Offline

    Join Date
    May 2005
    Location
    Hanging out at The Attic with Johnny Dakota
    Posts
    19,486

    Re: I need help....

    If you can wait until next Monday, stall your former boss and then contact the legal aid office as soon as they open next Monday. If your former boss starts being huffy, just tell them you'll not discuss the matter with her further until you've consulted with your attorney. That out to shut her up for a little while at least.

  15. #15

    • ....whatever....
    • Offline

    Join Date
    Jul 2006
    Location
    Long Beach, CA
    Posts
    85

    Re: I need help....

    Oh crap! I have a nanny (not live in) and I pay taxes on her salary. She can get into BIG trouble for not doing so. I think you have the upper hand. She sounds horrible to work for. Next time go through an agency so you will be protected, most likely get more $$ per hour and hopefully better quality of people to work for. I'm so sorry you have to go through this. If she does take you to court, it will be in small claims, no lawyers-just you against her. Hopefully she will calm down and let you make payments on the $1700 you owe her. Also I would make sure the Amex account doesn't have your information. My sister was an authorized user on mine(years ago) and it came up in her credit report when she was buying a house. It listed my debt as hers. I had to get a letter from Amex for her explaining the situation.

Page 1 of 5 1234 ... LastLast

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •