WORLD Law Direct Forums
Home > WORLD Law Direct Forums > BUSINESS & FINANCE LAW > Business Contracts & Partnerships > validity of "loan" written on check memo without an agreement for repayment

validity of "loan" written on check memo without an agreement for repayment

This is a discussion on validity of "loan" written on check memo without an agreement for repayment within the Business Contracts & Partnerships forum, part of the BUSINESS & FINANCE LAW category; I have a former employer who deducted my last paycheck from my back account. I went after him through the ...

Consult Your Own Personal Lawyer Now!
Reply

 

Thread Tools Search this Thread Rate Thread Display Modes
Old Mar 6th, 2008, 07:30 PM   #1
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

Question validity of "loan" written on check memo without an agreement for repayment

I have a former employer who deducted my last paycheck from my back account. I went after him through the labor commissioner's office and they found him liable and forced him to repoay me the amount he took plus penalties. Since that happened he decided to take me to small claims court and say that a partial sign on bonus that I was given was a loan and that I owed him the money back now after a year of working for him. it was a vebal agreement for the sign on bonus which took me weeks to finally get. He did write "loan" in the check memo but since he was a new employer and I didn't want to make waves and there was never any talk of repayment I didn't think twice about it.
There was not an agreement for repayment and the check was never mentioned until after I left and filed against him.

he brought in a photo copy of the check as evidence and that was his only evidence. I said to the judge that he could have photoshoped that document and who can say when or by whom that "loan" was written.

The labor board denied this defense and awarded me a judgement, but the judge did not want to hear that. The judge told me it was irrelevant what the labor board says and that this photocopied check was the only strong proof.

Please help me find something to take back into court as I appeal this decision. I would have thought that no discussion or written agreement of repayment for nearly a year would have been enough evidence on my side...but apparently not.
  Reply With Quote
Old Mar 7th, 2008, 07:12 PM   #2
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

Default Re: validity of "loan" written on check memo without an agreement for repayment

It would seem the terms of the loan would need to be clear as well.

But we would agree that the word loan on the check is a piece of evidence.

If you could show there was never any attempt to seek payment or collect, that may have some affect??
  Reply With Quote
Reply

Bookmark & Share

Tags
None

This thread has 1 reply and has been viewed 1083 times

Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes Rate This Thread
Rate This Thread:

| More

Posting Rules
You may post new threads
You may post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off

Format Your Messages
Add Forum to Google Toolbar
Forum Jump

Similar Threads

Thread Thread Starter Forum Replies Last Post
UK: How many days I have to "legally cancel" an agreement after it was signed? Unregistered Business Contracts & Partnerships 2 Jul 16th, 2009 03:10 PM
Widespread suppression of youth under pretext of combating "thugs and hooligans" Kamel Omran Other Criminal Law Matters 1 May 24th, 2009 11:07 AM
Judge was confused as why they were going to "dismiss the charge" and not "nolle" it Unregistered Drunk Driving, DUI, DWI 2 Jun 19th, 2008 12:38 AM
Is "retroactive interest" on a loan legal? Unregistered Debt Collection 0 Apr 30th, 2008 01:08 PM
Is a peace bond and probation the same thing? "confused" (Alberta, Canada) Unregistered Other Criminal Law Matters 1 Apr 5th, 2008 08:30 PM


Doing business in China? Need legal help or advice? Contact our international and Chinese lawyers 24 hours! WORLD Law Direct offers an experienced team of American and Chinese legal professionals.


All times are GMT -5. The time now is 02:20 AM.