Hello everyone,
My name is Andy and I am in Alaska. I am married and have two kids. I have a legal issue that has been a huge drain financially and mentally and I hope someone can give me some advise on it, thanks.

Here goes, I worked as a copier rep for a company for about three years. I signed a non compete with liquidated damages. They stipulated that if I left and was any involved with another copier company I would pay the equivalent of my highest 6 months of revenue for the company. Not their profit mind you but their revenue. They want close to half a million dollars out of me lol. Mind you my best year I took in 55000.00 gross at this company and I was rep of the year that year. And the kicker is I did not even go after my old customers. I took no files with me. I walked away as a gentleman.

Anyway, because of the cost of this court battle, I am finishing this up Pro se. I have no assets, and I am in debt up to my eyeballs. So, if they do win I would love to see them collect on this judgement.

The plaintiff asked for a summary judgement. I countered sending in proof of my income at the company and explaining that half a million dollars is a punitive fine and has no relation to how much the plaintiff actually lost by my breaching my contract.

The judge ruled to allow summary judgement on my liability suince he said I did not really argue that point and he denied summary judgement on them being able to use liqudated damages.

Before the summary judgement the plantiffs attorney and I were suppose to go to an arbitaration hearing. By some mishap the date was not recorded by the clerk and it did not happen. I called the plantiffs attorney and asked about rescheduleing. He responded that his clients wanted to see what was going to happen with the summary judgement first, and that would dictate their next course of action.

These have spent about 40000 on this case and they know I do not have any assets nor do I make tons of money. The feeling I got from the attarney was that they wanted to end this thing. And I know preparing for trial is were they will spend a lot of money.

So I have two questions at this point. First, I was under the impression that the defence usually asked for summary judgement as a tactic to raise the plantifs legal fees and because it is less of a gamble for him (defendant). So why would they do this? Just trying to see what they are thinking.

And next what should I do now, I am clueless and frankly a bit worried. I apreciate any and all help given, thanks again.

Hello everyone,
My name is Andy and I am in Alaska. I am married and have two kids. I have a legal issue that has been a huge drain financially and mentally and I hope someone can give me some advise on it, thanks.

Here goes, I worked as a copier rep for a company for about three years. I signed a non compete with liquidated damages. They stipulated that if I left and was any involved with another copier company I would pay the equivelent of my highest 6 months of revenue for the company. Not their profit mind you but their revenue. They want close to half a million dollars out of me lol. Mind you my best year I took in 55000.00 gross at this company and I was rep of the year that year. And the kicker is I did not even go after my old customers. I took no files with me. I walked away as a gentleman.

Anyway, becuase of the cost of this court battle, I am finishing this up Pro se. I have no assets, and I am in debt up to my eyeballs. So, if they do win I would love to see them collect on this judgement.

The plantiff asked for a summary judgement. I countered sending in proof of my income at the company and explaining that half a million dollars is a punitive fine and has no relation to how much the plantiff actually lost by my breaching my contract.

The judge ruled to allow summary judgement on my liability suince he said I did not really argue that point and he denied summary judgement on them being able to use liqudated damages.

Before the summary judgement the plantiffs attorney and I were suppose to go to an arbitaration hearing. By some mishap the date was not recorded by the clerk and it did not happen. I called the plantiffs attorney and asked about rescheduleing. He responded that his clients wanted to see what was going to happen with the summary judgement first, and that would dictate their next course of action.

These have spent about 40000 on this case and they know I do not have any assets nor do I make tons of money. The feeling I got from the attarney was that they wanted to end this thing. And I know preparing for trial is were they will spend alot of money.

So I have two questions at this point. First, I was under the impression that the defence usually asked for summary judgement as a tactic to raise the plantifs legal fees and because it is less of a gamble for him (defendant). So why would they do this? Just trying to see what they are thinking.

And next what should I do now, I am clueless and frankly a bit worried. I apreciate any and all help given, thanks again.


I have never seen a Motion for Summary Judgment used as a tactic to raise legal fees. You need a legal argument to make a motion so they aren't/didn't do it on a whim.

I think you're over your head here and need an Attorney. As far as "So, if they do win I would love to see them collect on this judgement" I think there is a basic error in your thinking. If they get a Judgment they will haunt you forever, lien against anything/everything you've thought of owning - and with the income you say you had you probably own something - and if you are considering Bankruptcy there is a possibility that it's not dischargeable.

Not that it matters but I don't see why you "walked away."

Yes, if you are working for another company, making 50,000 a year, they will take that 20,000 a year from you for the rest of your life, may not pay it back but what the heck they will get some.

I guess I have to ask, why did you leave them and go to work for another company doing the same thing when you had a contract and a promice not to?? At least in the same market area.

I walked away because there were a lot of issues with as far as collecting on spiffs promised and things of that nature. Also, I was offered a position as a manager and frankly it offered more money. I was at 135 percent of quota and only mad 55000 that year. When I interviewed for the position they talked about their reps make 80000 a year which was not true.

There was no oppurtunitty for advancement as the owners brother is branch manager.

But you bring up excellent points. Unfortunately, I can not afford an attorney. So I am kind of stuck.

I have definetely learned and expesive lesson with this. The times of treating people fairly has long since past and we really need to read what we sign nowadays.

I feel I made them a good amount of money over the years and I did not go after their base clients at all. I told my manager were I was going and why. He told me if I ever wanted to comeback I would be welcomed. It was all amiable.

But at the end of the day I did sign the papework. I just feel the liquidated damages are meant as punishement and do not represent what the company says it lost. The agreement was not crafted in good faith. The amount of profit is one thing, but the amount of revenue. How does that compute.

Anyway, enough rambling on my part. Thank you for your honest opinions and questions. And if there is any other advise you can give me it would be appreciated.