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thhynes
Jun 16, 2011, 02:15 PM
August 2007 I was asked by my employer if I wanted to become a Business Partner
After reviewing the "BOOKS" with an accountant... all was in order.

Took out a personal line of credit, business owner was suppose to add me to the LLC but never did... My roll in the business was Manager.

October 2007 Owner went to a vendor show, purchased $5,000 in goods.
The Company that put on the show was the distributor of all the goods on
Display... so goods would have been made payable
To the supplier not the vendors directly.

January of 2008 the Supplier requested payment on a deliver of goods that was needed to complete some obligations that the Store had off site. Supplier would NOT leave the needed supplies with out them being paid for... why? Because of the outstanding $5000.

Owner of the company was not in the store at the time, his check books were locked up and he failed to leave a check out for the delivery being made that day.

The Driver explained that he could NOT leave the goods unless they were paid for. I called owner and he asked if I could write out a check on the personal line of credit that I took... Okay... so I agreed as the goods that were being delivered that day were needed to fulfill a contractual agreement between the store and the customer.

The driver said that he could not accept the check as it was NOT a company check. I called the owner back explaining the situation, he called the distributor. The Distributor then talked to me about why there was NOT a company check, and that they could not accept my check unless I signed and agreement to guarantee the check.

By now 30min had passed, the driver was getting agitated as he was now behind schedule, as it so happened the client in which we had the contract with was there to see the equipment, and the owner was NO where to be found... as the customer was getting aggravated, I was getting aggravated, the driver was aggravated.

The Distributor faxed over the sheet, I signed it, and then turned the sheet over to the driver along with my check.

Fast forward to March 2008... the owner had still not paid anything for the goods that were ordered in October of 2007... and they were going to collections... An Agreement was made between the owner and the distributor that the balance would be made in monthly payments of $100... payments up until Sept of 2010 Maybe October 2010 were stopped.

As a side note, I left the position in Late October or early November 2009

June 1, 2011 I receive in the mail that I am being sued by the distributor for non payment of goods. I explained that I was not an officer, managing partner of the business, and that I have no idea why you are naming me in this law suit.

They explained that they had my signature on a paper that guarantees payment. I said yes that was for the check I wrote. Well don't you have a copy of it they asked, I said no, the driver took it when I signed it, and I signed it so that the store could get the needed equipment to fulfill a contract... I was just the manager.

They said no matter, you signed a paper saying you would guarantee payment on all debt... I said NO that's not what I signed, I signed a paper saying that my check would be guaranteed... well did you read the paper they asked. I said no, I had 3 people I was dealing with at the same time, an Angry Truck Driver, a Owner of the business that could not be found, and I am left holding the bag.

So far I have been able to get a copy of all the checks written on the Loan that's in my name... there is only ONE check made out to the distributor... all other statements are showing balances being paid for monies that were loaned to the business...

T

JudyKayTee
Jun 16, 2011, 02:51 PM
"They" sue you. You sue your "partner." I see no defense - "I didn't know" isn't a legal defense.

Is that your question or did I miss something?

thhynes
Jun 16, 2011, 03:16 PM
The Owner purchased those Items NOT ME
I was not nor ever was an officer of the Company
I was only an employee
And the ONLY reason why I signed that paper was

1: To get the Distributor to accept my check
2: To Ensure that our client would be taken care of

I do have a witness that saw what I was going through pulling my hair out
During this whole event... she is willing to testify on my behalf

She is saying, she being my witness, is that I signed that paper out of Duress
And in a sense she's right... I was trying to keep the client happy and not have to
Refund Thousands of dollars back to them...

ITS A REAL MESS...

JudyKayTee
Jun 16, 2011, 05:29 PM
Doesn't change my advice - you signed. The how/why doesn't matter. You are legally an adult, presumed to read what you sign. You signed that you would be responsible.

AK lawyer
Jun 16, 2011, 05:49 PM
...
They explained that they had my signature on a paper that guarantees payment. I said yes that was for the check I wrote. Well don't you have a copy of it they asked, I said no, the driver took it when I signed it, and I signed it so that the store could get the needed equipment to fulfill a contract...I was just the manager.

They said no matter, you signed a paper saying you would guarantee payment on all debt...I said NO that's not what I signed, I signed a paper saying that my check would be guaranteed...well did you read the paper they asked. I said no. ...

Do you now have a copy of the guarantee you signed? Is it ambiguous?