ok last june my boss took out a loan in his name for a boat that i wanted to purchase. the note was for on year and our oral agreemant is that i would get my own loan and payoff his loan by the end of the year note. thus past april he fired me and came to my house and got the boat and demanded the full payoff. can he legally sue me for the remainder of what he sells it for and what is owed? i still had about two months before his note was up. also he kept my last paycheck without my consent to put towards it.can he sue me and win since he broke our oral agreement? there was no paper worked signed with my name on it anywhere. please helpI need some legal advice please?
He could take the statute of frauds as a defense.
However, if you have any proof that the boat was yours, you could prosecute him for theft. If he holds the lawful title, then there is nothing you can do.
The statute of frauds is different in every state, but generally any type of tangible good over $500-$2000 is covered (such has boats and cars). If your name is nowhere on the title, then this did not comply with the statute as you did not have anything in your name. The statute of frauds was designed to nullify certain types of oral agreements and force them to be on paper.
If you are on the title, then everything is kosher, go get your boat back!
The paycheck is a different matter. Contact your state attorney general's office and write them a letter online detailing what happened. They will investigate and order your jurisdiciton to prosecute for you. I contacted my state attorney general about a company that put incorrect info on my credit report. The PRESIDENT of the company wrote and signed a letter with proof that they had taken care of the situation. They have the power, call them.I need some legal advice please?
You've lost the boat. Consider your payments rental. He cannot enforce the original agreement against you, since it was probably for over $500, but you also have no way of proving the boat should be yours.
First he illegally repo's the merchandise then your check. If you weren't in default and made no declaration to be in default, he breached the contract. Go to the Labor Dept. and file a complaint about your check and file a lawsuit to get every penny of your money back and you get the bonus of sticking him with the rest of the loan, too.
I would sue him for your last paycheck first, an employer has no right to just keep your check without a court order. Second, if you have any receipts of payment for the boat that is prove of your oral agreement, so I would be suing him.
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