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  1. #1
    Join Date
    Apr 2005

    Default Trying to Sue Over Unpaid Wages

    New York
    My proof/evidence
    1) I have a letter of employment signed by the president of company.
    2) I have all timesheets for the work signed by the president of company.
    3) In a period of 2.5-3 months I received 4 checks each for one weeks work.
    4) Three out of the 4 checks bounced.(I have bounced checks)
    4) 4 people who worked on the same project have not been paid.

    The defense is
    1) Deny allegation
    2) Plaintiff not effectuated valid service, pursuant CPLR
    3) Complaint fails to state cause of action upon which relief be granted
    4) No wages owed to plaintiff.
    5) Plaintiffs claims are barred by the doctrines of waiver, laches, ratification and estoppel, contributory negligence, failure to mitigate damages and/or because plaintiff has unclean hands.
    6) Plaintiff's claims for damages are barred in whole or part, because such damages are not available under the legal theories set forth in the complaint
    7) The defendant reserves the right to assert additional affirmative defenses as the plaintiffs claims are clarified during the course of litigation.

    Whereof defendant demand judgment dismissing endorsed complaint in it's entirety together with costs and disbursements for this action.

    Demand to change of venue

    Notice to take deposition upon oral examination.

    ************************************************** **
    What does the defense mean??
    Am I owed any wages or not??
    Do I have to pay Defendants lawyer fee if I lose his case (Defendants lawyer charges 300 dollars an hour)?? If I owe Defendants lawyer on losing the case
    How much money will I owe defendants lawyer approximately??

    I am fighting my own case because I am owed 13,600 dollars approximately and lawers want more money to fight this case then I am owed.

  2. #2
    Join Date
    Mar 2005

    Default Wage Claim

    They've thrown the kitchen sink at you.

    The merits of their defenses depend upon the facts of the case. Whether or not you would have to pay attorney fees if you lose depends both on the facts of the case and the governing law.

    Why don't you try to hire a lawyer on an hourly basis to assist you with this matter? Not to handle the case, but to review documents to help you understand them and draft responses?

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