I bought a truck from him, with a verbal agreement to work extra hours to pay it off. After I got the truck, I recieved the title to it, but I still owe him money. There is nothing I have signed reguarding this. After a heated argument, I decided he was not worth my time any longer and he attempted to make me leave the truck. I told him that I have the title, and I am willing to pay the truck off once I get another job. He told me I wasn't taking the truck anywhere, and I said I bet I do, and if he continued, he'd get nothing, since there's nothing legally binding.
He also owes me one last paycheck, which I'm going to attempt to collect. I am sure he is going to refuse to pay me since I owe him money for the truck, but after reading through the California laws, he is required to pay me. I really have no money for a lawyer, is this something I can take to small claims court? Also never paid me overtime, which is a violation, and I was never paid the rate advertised in his ad.
2006-09-16 06:00:34 · 13 answers · asked by leghumpingjihadkiller 2 in Politics & Government ➔ Law & Ethics
Sounds like you acknowledge a verbal contract between the two of you regarding purchasing the truck. Although you are entitled to your paycheck he may have grounds to sue you to get any more money you owe him for the truck.
2006-09-16 06:05:06 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Of course you can sue. But is it there any bang for your buck? What you are asking for is to quiet title on the truck and to get your last paycheck. Whatever you do keep making your payments like you would normally, mail them certified if you mail them. If he cashes the checks, without objecting, then he is acknowleding the contract to sell. Also, it would probably be reasonable to deduct (the exact amount) of your last paycheck from what you owe on the truck as long as you send him a letter with your next payment telling him you are doing that and stating on the letter that by cashing the check he is agreeing to the terms of the modified purchase agreement.
You have no right to the amount of pay "he advertised." When he offered you the job, that was your opportunity to negotiate. If you started working for less, there's nothing you can do about it now unless you can show some kind of actual harm--like turning down another job that paid more to take this one, which would be pretty hard to prove.
I would try to proceed on the battles you can actually win on this one and concede the ones you can't. Hope this helps.
2006-09-16 15:27:14 · answer #2 · answered by msnatoli 1 · 1⤊ 0⤋
Although he should have gotten your agreement down in writing, there is nothing that says that the sale of a vehicle must be in writing. The law does require that payroll deductions must be consented to and documented. I'm sure you can take your claim to small claims court, but you could still face a difficult time actually getting the money he owes you. You can probably get a labor attorney to take the case as a contingency. Another option would be for you to file a complaint with either the state or federal department of labor and file a complaint. Are you sure you have the title and not the registration?
2006-09-23 13:01:34 · answer #3 · answered by Scott K 7 · 0⤊ 0⤋
You have several issues here in which every state has it's own laws to interpret legallity.
However, federal laws cover employment and wages.
First, he has to pay you the last weeks wages! PERIOD! Straight time and overtime as prescribed by law! Therefore , you demand your pay and if he refuses file a complaint with your state labor department. He will also be fined under the provisions of law for doing that too!
Secondly, it sounds like you've accepted and cashed paychecks which therefore binds your agreement to the wage he paid you. Also, he is only required by law to pay minimum wage and that is all most state agencies will involve themselves with. Outsidfe of that, you would more than likely have to pursue some form of civil action.
As for the truck, if he signed over the title to you, and he has nothing in writing supporting the sale aggreement, tell him to kiss your ***! Verbal agreement is legal in most states, but try and prove it! If he refuses to let you take the truck then I would file criminal charges against him for possession of stolen property if the title is legally in your name! You definitely hold the upper hand in all these issues!
2006-09-24 00:51:17 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Verbal agreements aren't worth the paper they are written on. If the truck is only in your name, it is yours and he can't stop you from taking it. If you think he will cause problems, ask for a "civil standby" from the police as you remove it.
As to the paycheck, wait and see. If you have problems there call the labor board in.
Of course if you do owe him money on the truck, the right thing to do would be to pay what you owe once you are gainfully employed, right? Don't drop to below your level of decency, but rise above it.
2006-09-16 06:26:38 · answer #5 · answered by oklatom 7 · 0⤊ 0⤋
Always get any type of agreement in writing. Verbal contracts do not hold up in court. However, if he has already signed the title over to you, and there's nothing in writing showing that you owe him any money, then it's his word against yours and you are the one holding the title. On the final paycheck, you need to contact your state labor board on how to go about getting your final paycheck. It can NOT be held for any reason after your final original paydate. (That's Federal Labor Law).
2006-09-16 06:06:55 · answer #6 · answered by ? 3 · 0⤊ 0⤋
If your employer is not the lien holder on the truck he cannot "repossess it". He can however sue you for the money. I do not live in California, but where I live it is illegal to hold a check or deduct money without a written agreement. Go to your State Employment Agency and file a complaint for failure to pay. Hard to say how messy it will get.
2006-09-16 06:05:25 · answer #7 · answered by MEL T 7 · 0⤊ 0⤋
All I can say is you should have got all this on paper, but Im sure you know this now. Go and see if he pays you (no harm in trying!) & if he doesn't just keep the truck and dont give him any money...but I wouldn't go to court with it, because most likely he would probally win... Good Luck!
2006-09-23 03:55:51 · answer #8 · answered by Anonymous · 0⤊ 0⤋
If he sees a copy of this and can prove you are his former employee then you would probably lose in court.
However it is his responsibility to pay you for your wages and then take you to court for themoney owed on the truck he will probably not win. It is a life lessen for him, and for you it is a test of your integrity. Are you a man of integrity?....do you owe him money for the truck? will you pay him?
2006-09-16 06:13:12 · answer #9 · answered by battle-ax 6 · 0⤊ 0⤋
i think you can take it to a small court and win. 'cause like you said', there is nothing legal for the truck. And if you can maybe prove the hours you worked you can get him to pay you for the overtime you did.
2006-09-23 16:55:09 · answer #10 · answered by godfathermock 2 · 0⤊ 0⤋