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  1. #11
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: How Long Does a Creditor Have to Sue a Debtor After a Demand Notice

    Did you get a W-2 or 1099 for your labor? Did you declare the income on your taxes? Were there any memos on the checks indicating that the payments were for labor you had performed? Do you have any proof that you performed labor? To the extent that you can prove that you performed labor, would it be work that would reasonably be compensated at $25/hour? Is it your stepfather who is suing you?

    Note: You have the option of bankruptcy.

  2. #12
    Join Date
    Aug 2015
    Posts
    6

    Default Re: How Long Does a Creditor Have to Sue a Debtor After a Demand Notice

    No W-2 was issued as I wasn't an employee, I was never issued a 1099 and yes, this was declared as income. "loan" was written in the memo box but I assumed this was for his own book keeping notes. As far as proof of work performed, I've offered to provide a painfully detailed tour of the property and work performed to either plaintiffs counsel or a representative of the court but I don't believe he's (plaintiff) actually denied I've provided said services. Mostly skilled work provided e.g., pressurized plumbing, electrical, detailed and hazardous masonry, finish carpentry, complex automotive, bedrock excavation, etc.. It is he and my mother who are the plaintiffs, however I'm not sure she's even aware she is named on the complaint. Finally (and thank you for your lucid and genuine reply), I would never consider filing for bankruptcy unless there was no other option.

  3. #13
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: How Long Does a Creditor Have to Sue a Debtor After a Demand Notice

    [QUOTE=linusloring;907826]No W-2 was issued as I wasn't an employee, I was never issued a 1099 and yes, this was declared as income.
    "loan" was written in the memo box but I assumed this was for his own book keeping notes.
    the memo box, as in his register or on the check? If on the check you lose. You should not have cashed a check that said "loan" on it if it wasn't a loan.

    If in his register; apparently he considered it a loan so you will have to convince the courts differently, somehow.





    As far as proof of work performed, I've offered to provide a painfully detailed tour of the property and work performed to either plaintiffs counsel or a representative of the court but I don't believe he's (plaintiff) actually denied I've provided said services. Mostly skilled work provided e.g., pressurized plumbing, electrical, detailed and hazardous masonry, finish carpentry, complex automotive, bedrock excavation, etc..
    Hmmm, you are doing work as an electrician for money? and a plumber, for money? You do realize that in New York you are required to be licensed in either of those areas to be able to work as a paid electrician or plumber, right? Do you have the appropriate licenses?

    as to the others I have not checked but there are a couple I believe require licenses as well.

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