Question

Personal debt dispute

Asked 7 March 2013 · 1 answer

The question

To make a long story short, my ex-boss had closed down my office and let me go (shortly having me relocate to a completely different island [Hawaii]) and we had made some hand shake agreements on a few loans. After having to sell all my belongings and move back to the mainland because I no longer had the job, I started to get calls from his financial advisor and later his lawyer about paying back the loan. After a disagreement on the exact amount we finally settled on a number. I began paying back based on the original agreement of "whatever you can afford". After a few monthly payments I started getting hit up to sign lengthly legal documentation about the loan and several other non-loan related issues. I refused to sign any paper because I did not agree with the non-loan paragraphs, things that are added to protect my ex-boss. They are now threatening to significantly increase the amount I owe if I do not sign this contract, as well as making threats on my new house which I just purchased in Florida. I've recently offered to pay back the entire amount agreed upon in full, (a little over 10k$) but they refused to accept the agreed upon amount unless I sign this contract. It's been almost 2 years since the handshake and my leaving that job, I'm just wondering if they have any legal grounds to threaten me for not signing a contract and what my options are. My ex-boss is a mult millionaire with some high priced lawyers and I'm a broke 28 year old with a newborn and I can't afford a lawyer right now.

Some items include a car, which is registered in my name, diamond ring, video camera, and moving costs I couldnt afford after I was let go.

From the LawyerCentral forum archive. Originally posted 7 March 2013 on a legal forum that has closed. Names and contact details were removed. See the original (Internet Archive).

1 answer

Visitor answer 19 April 2013

For me to provide you with some accurate advice, I would need more details about the original handshake agreement between you and your boss, such as the loan amount you initially agreed to pay. You have a way out of this because, from your question, it doesn't seem that you and your boss agreed on the amount owed to him that you would be paying back in the first place.

This link illustrates some of the basics of negotiating a contract.

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This link provides information on contracts that are unenforceable. If even you did sign the contract over which you're being threatened (which you absolutely should not do before speaking to a lawyer), it may not hold water in court. (removed)

From my vantage point, it appears you are being harassed by your former employer and his lawyer. That being said, the fact that nothing was put in writing and your initial agreement was based upon a "handshake" could either work with you or against you. It is my understanding that oral and handshake agreements are notoriously difficult to prove in court. You shouldn't rely on that notion, though, because your former boss has a team of attorneys working for him. You don't know what their strategy is for handling this on their end.

I am in no way a lawyer. The best advice I could give you on this matter would be to take the documents your former boss and his legal team want you to sign and have them examined by a lawyer. Since you said you cannot afford a lawyer right now, this complicates things a little. Hindsight being what it is, regardless of your relationship with your former boss, your agreement to pay off the personal loans you owe should have been put in writing from the start.

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