Due I have a right to counter sue?

Question

Hi. got a little of a tricky situation going here thought i was protecting my own intrest and now i dont know. so here it goes, try to bare with me. Early this year i had what i thought was a friend that needed help on a building he had bought, he asked for my help and i said yes, after 2 weeks of pretty solid work i was being told by other friends and family that hes a user of people so i decided protect my own intrest without letting on so we could still be friends if everything worked out. My wife kept track of all the work and hours i put in there and told me we were at approx 4500.00$ so i borrowed that money from him. he paid straight cash. then i went on working until my wife told me he was at 5000.00 more and i got that from him in a loan nothing was signed but this time he gave me a check that stated on the bottom in the memo 2wk loan . my friends were right he did not keep his word to keep me there and let me run my own service department., now he wants all his money back, plus intrest. but it dosent he doesnt count any of the work i did for him. what should i do he say im a criminal. i said no im a carpenter and i have a right to get paid for my work . please advise what i should do.

Answer 1

First was there any conversation of him paying you for the help? A dollar wage? An hourly wage?

Second, when you asked for the loan of $4500 did you pay it back?

Thirdly, the borrowed money of $5000 was mutually agreed of $5000?

The verbal arrangement was for you to "help" run the construction crew, and he would give you a paid positioin of running your service department, at what monthly salary?

You need specifics here>

Yes, you could counter sue for court fees and time loss from work, and attroney fees.  And in brackets loss wages that what you feel you earned, plus tax, minus what was borrowed,

But, you need to be sure, and have this stuff in writing (like a journal entry) with dates. time, what work was performed etc...



Example:

Jan. 21st 2008, Bob asked me to help run the construction crew doing this that and the other, and said he would give me my own service dept. to run at $5000 per month

Jan 22nd, 2008 went performed this that and the other from 8am - 5pm

with 1 hour for lunch

detailed.........

and show your tax forms from last year to show how much you earned.

Why did not ask about your pay?

Why did you ask for a loan?

questions that the judge will ask you.

it is probably best to find a lawyer to help you.

Answer 2

I'm not a legal expert, but here's my opinion...you borrowed the money from him, so he has every right to expect you to pay it back.  Had you made an agreement in writing up front about the terms of you doing the work for him, that might be a different story.  

As for the lawsuit...if carpentry is your profession (you're licensed, or whatever is required), then I think a judge would rule that you probably had an expectation of getting paid for your work, but maybe not the whole $9500 that you borrowed from the guy.

Answer 3

did you have money agreements for you to be paid in the first place? if so what were they? im gathering from you that he asked for your help but you didnt say he was paying or how much. what was talked about between the two of you is important. and did you borrow the money? if  something is borrowed it should be returned. but if he owes you money you should be paid. was there anything written or signed? the best i can help without knowing more is talk to an attorney...get a free conceltaion or something  

Answer 4

Even though the guy used you, you don't have much of a chance of winning a countersuit, and here's why:

You agreed to help, with no mention of pay. You also stated that you "borrowed" money from him on two different occasions. When you "borrow", that implies that you intend to repay the loan. You cannot borrow against what you "think" you should be paid. All matters of payment for services rendered should've been worked out in advance.

It's unfortunate that there are such unscrupulous people in the world, and even more unfortunate that you have no case against him.

Answer 5

"asked for my help" isn't equivalent to "hired me".

It could be construed that you were a volunteer that suddenly decided to get paid.

Do you have any documentation of the arrangements for your service business rental?

This may determine who wins.

Answer 6

Dude i Think you have made a mistake because if you were working for money or wages you should have made this clear to your friend but instead of that you borrowed money on promise to return it back and yes you can counter sue your friend for money asking him to pay your labour charges minus your loan look at them as two diffrent things but can be resolved without getting into legal battle.Hope this will help. Cheers