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View Full Version : Have a lady who claimed she was my friend. Met her through school, where our childre


prettichococat
Jun 30, 2012, 02:44 PM
A lady claimed she was my friend. Met her through school, where our children attend. (I reside in California)

She led me on to I.H.S.S. and asked me if I knew about the program. Told her that I had heard of it, but didn't know too much about the program. She acted as a friend, and told me that she would be willing to "help" me get started for my son, since my son is considered disabled.

She wanted to know information about how to get a handicap placard for her and her son, since she saw that I had one for my son. I told her that I wouldn't mind steering her in the right direction, as a friend, if she would still help me out with I.H.S.S.

So, she told me what to do, get all of my paper work together, let her see it, and then we can call to make a appointment for them to come to the place where I was living. She had asked me to sign ONLY a paper for authorization for the company to release any and all information to her about the "pending" case.

They came out to my house, she sat on the floor with my son, had handed a typed letter to the worker, and said one statement to the worker, after the worker and I had finished the verbal application. I had asked her what the letter was that she gave to the worker, and she told me not to worry about it, it was fine, only to try to help me with my pending case. All of this took place in September-October 2011.

So, time went on, I didn't hear from my "friend." She avoided me for some reason, didn't know why, but soon to came to find out she was having some personal issues in her family.

In February, IHSS gave me a paper to fill out. I contacted "friend" via email and asked her if she will be still willing to help me, I needed help with this one form, and that I was still will stick to my agreement regarding IHSS to help her. No where did I state any money to be paid to her, it was to help her with the information to get a handicap placard for her disabled son. I still have the email I sent to her, voice mails from her, text message, and the most recent message this month.

Now, in June 2012, "friend" as I will call her, bombarded me with her "husband" in the school parking lot, asking me if I was still going to honor my word by paying her $2000 dollars for "helping me go through with IHSS." I looked at her, blown away, in shock and asked her again, what did you say? She told me again, and I told her that we never had an agreement for me to owe her money for helping me and my son to apply for IHSS. She claims now that she did the work, typed two letters and sat in my house for 10 minutes while I was doing the application with the worker.

She has now started to call the IHSS office, and getting information from them, which I have called them and said that they have not given her any information, its against the law. She is claiming that certain people are telling her that I was already approved, I got certain papers in the mail regarding my son's case, and that she wants to see them, and now if I need help to let her know. I told her no thank you, if your going to try to attempt to charge me, for what I have 99% done, I don't need your help.

I have contacted the IHSS office and made them aware of the situation, and the supervisors/managers had told me that they hate people like these, they are scammers, fraud trying to rip people off like myself for a quick buck, when they are claiming to be helpful and advocates.

Now "friend" has left me a nasty, hateful message on my cell phone saying that she wants to see approval/denial letters from IHSS, that I have one week to get a hold of her, or that she is going to file a lawsuit towards me, get witnesses to back up her work, and the "verbal agreement", that I am going to lose, and she will sue me for the two thousand dollars. Either we can meet up and work out a payment schedule, or she will go forward with the lawsuit.

"Friend" and I, never had a written contract, nor verbal contract for her to be paid, what do I do I what can I do now? I don't feel that I need to show her any paper work from my behalf now. I am looking to see what kind of advice I could get.

She just sent me a delivery conformation letter, stating that if I don't contact her by July 2, and give her a cashiers check for two thousand dollars, she will go forth with the lawsuit.

We never agreed to that sort of money, and she put it on the letter today that I got, stating "verbal agreement". We never had a written contract, and I never in my life agreed to pay her that kind of money.

Please let me know what you think I should/can do, and what direction to go with this matter please. I am so stressed out.

Thank you.

AK lawyer
Jun 30, 2012, 02:56 PM
She can threaten to sue you all she wants. Don't worry about it. If and when she does sue you, you will be served with process (notification of a lawsuit). If you are unclear about what to do at that point, come back here for further instruction.

In the mean time, as I say, donit worry about it. Being sued is no big deal. It appears that you don't owe her anything, and the court is likely to agree.

Fr_Chuck
Jun 30, 2012, 02:57 PM
Tell her or anyone there is and was no verbal agreement, tell them not to contact you be out it again, tell them to sue you or shut up.

Unless you signed something or someone heard you promise, they should see it as a lie

ScottGem
Jun 30, 2012, 03:24 PM
She is trying to intimidate you hoping that you somehow slip up and make an admission that you owe her. Refuse to talk to her, period. If she does sue, it will probably be in small claims court so you go and tell the judge that there was never any agreement for financial compensation for her help. Get a statement form the IHSS social workers that this is a scam.

But I doubt if she will go to court, because she know she has no case.

JudyKayTee
Jul 1, 2012, 09:13 AM
Did she file a notice of representation - I believe she needed to if she expects to be paid.

prettichococat
Jul 1, 2012, 12:41 PM
She is trying to intimidate you hoping that you somehow slip up and make an admission that you owe her. Refuse to talk to her, period. If she does sue, it will probably be in small claims court so you go and tell the judge that there was never any agreement for financial compensation for her help. Get a statement form the IHSS social workers that this is a scam.

But I doubt if she will go to court, because she know she has no case.



Scott,
How would you recommend that I get a statement from IHSS? That is a state office, and they are everything but nice. :(

JudyKayTee
Jul 1, 2012, 01:06 PM
Scott,
How would you recommend that I get a statement from IHSS? That is a state office, and they are everything but nice. :(


I THINK I can answer for Scott - here's how Small Claims and proof work in NY.

You wait until you are sued. I doubt that will happen BUT if it does AFTER you are notified of the lawsuit you tell the Court Clerk that you need to subpoena info from IHSS. You prepare the paperwork (which the Clerk will give you) and you can ask for help with that here and the paper is served on IHSS and they HAVE to comply. They bring your file and whatever paperwork they need and the Judge will ask them about your file (you don't do the actual questioning) and the Judge hopefully will be smart enough to figure all of this out.

I continue to read that your representative cannot be paid UNLESS that representative files with IHSS. Perhaps someone can find something to the contrary.

And if this person continues to contact you I would keep a record and report her to the Police for harassment.

If she is running around representing people under these circumstances she could very well be in serious trouble.

Don't beat yourself up, by the way. We ALL trust someone we shouldn't at some point or other.

ScottGem
Jul 1, 2012, 01:14 PM
I continue to read that your representative cannot be paid UNLESS that representative files with IHSS. Perhaps someone can find something to the contrary.


had handed a typed letter to the worker, and said one statement to the worker, after the worker and I had finished the verbal application.

I have contacted the IHSS office and made them aware of the situation, and the supervisors/managers had told me that they hate people like these, they are scammers, fraud trying to rip people off like myself for a quick buck, when they are claiming to be helpful and advocates.


I'm wondering if this paper she handed to the worker was this filing that Judy mentions. But if it were your case worker would have said something different.

To add to Judy's answer, I suggested talking to the case worker not directly to the agency

prettichococat
Jul 1, 2012, 09:17 PM
The case worker NEVER returns your calls. You will have a better chance winning the lotto, than hearing back from her. Soo frustrating. You guys are really helpful. :)

prettichococat
Jul 1, 2012, 09:25 PM
The only paper that I know of, that she could have showed them, was a authorization paper, with my signature on it, saying that she wants to know and see all papers and whatever else that pertains to my and my sons case, such as approval letters and such.
They will not show her anything, I know that for a fact. They told me. She even asked them if they would fax it, and they told her no, not to her, since it is private information.
That authorization paper is the ONLY thing that I signed for her, stating the release of information.
I know that for a fact, because my son's doctors office returned that form to me, which I have kept.

ScottGem
Jul 2, 2012, 03:09 AM
Ok, then don't worry about it. Let her sue and lose.