Is this theft of a deposit check?

[quicksand]

What is the name of your state (only U.S. law)? Illinois

I am a entertainment provider for corporate events. I was working with another person's ("Beverly") event company but without any formal structure in place. At one point this other person provided me with her contract and instructed me to use it as a template while also securing the client through her company. We've had a falling out due to not being able to define our business arrangement. In the meantime I have a client that returned a contract with a deposit to secure my services. The deposit check is made out to me, not "Beverly". This contract is not signed by the client, apparently. The contract and deposit check were sent to "Beverly's" company, she has them both.

The issue is: "Beverly wants me to provide a new contract to the client without her company being included and then wants me to provide her with a copy, so as in her words to prove her company is not liable. At that point only will she hand my check over. This is all in an email.

As the contract isn't properly signed by the client I don't see how she would be liable anyway. And the check is meant for me to secure my services, and it's in my name. HOW CAN SHE BE ENTITLED TO HOLD MY CHECK UNDER HER IMPOSED CONDITIONS?? I think this may be illegal.

THANK YOU for any help you may provide!

-quicksand

 

[Zigner]

Do as she requests and get your check.

Sure, you shouldn't have to, but it's likely the easiest path.

 

[quicksand]

maybe!

Do as she requests and get your check.

Sure, you shouldn't have to, but it's likely the easiest path.

Thanks for your reply, and that would resolve the issue if she did indeed follow through. But can she do this legally? Isn't she stealing my deposit check??

 

[Dave1952]

If I follow this, Beverly gave you a copy of her contract and encouraged you to use it as a template to make your own contracts. Somehow this contract was then given to a customer. That customer returned the contract and a check to Beverly's company It is not illegal for Beverly to open and read her mail.
Why does your customer believe that Beverly's address is a good place to communicate with you? Does your customer think that he has hired Beverly?
Forget the check, it's just a piece of paper. Speak with your customer and send a contract for your business with him. Your contract should include your address. Ask that your customer cancel the check that Beverly holds and issue a new check to you. Apologize to your customer and to Beverly.

 

[quicksand]

Further information

If I follow this, Beverly gave you a copy of her contract and encouraged you to use it as a template to make your own contracts. Somehow this contract was then given to a customer. That customer returned the contract and a check to Beverly's company It is not illegal for Beverly to open and read her mail.
Why does your customer believe that Beverly's address is a good place to communicate with you? Does your customer think that he has hired Beverly?
Forget the check, it's just a piece of paper. Speak with your customer and send a contract for your business with him. Your contract should include your address. Ask that your customer cancel the check that Beverly holds and issue a new check to you. Apologize to your customer and to Beverly.

Thanks for replying Dave. Beverly actually encouraged me to have her as the contracted party in which I would be providing my services to the clients, wherever they came from. So to use her name as the provider and my name as the entertainment product on the contract was all part of a plan to keep us moving towards a concrete partnership. I had clients pay me directly, I was selling my services directly to them, and I cover all the expense of the entertainment (marketing, payroll, materials). She provided the insurance if needed. The idea is that she would start booking me herself and receive a fee off the top. As we recently parted ways due to a lack of a set of conditions (partnership contract), Beverly is complicating an already confusing process.

Your suggestion is a good one, but I don't know why I would apologize to Beverly for doing what she expected me to. The problem is that she isn't giving me my check and insisting I give her a copy of the new contract, of which she is not a party to.

Thanks,
qs

 

[tranquility]

It's not going to be "theft" unless she had the intention from the start to keep the money.

I'd play nice and try to get it back and sue for conversion if it does not come in a reasonable time.

 

[quicksand]

It's not going to be "theft" unless she had the intention from the start to keep the money.

I'd play nice and try to get it back and sue for conversion if it does not come in a reasonable time.

Good reasoning, thanks!

qs