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Do you think i can sue for my money?

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J

JakylaLi

Member
What is the name of your state? New York

I have a friend who is from India. She got a job promoting for local clubs in nyc, but she couldn't get her checks because she didn't have a Social Security number. (I'm not exactly sure about why she couldn't get her checks, it never was properly explained to me but I just remember the ssn part.)

So, she asked me if I could put it in my name so she could get her checks. So she would do the job but I just deposited the checks and gave her the money. The job was an independent contractor job which I'm not familiar with, because I only work regular office jobs. We agreed that we would deduct 30% of the pay for the taxes. (I have texts, dms, etc). Well alot of the checks she would need the full amount because she didn't have a job. She said she would pay me before tax season. I did this for her for 5 months before she finally got a son. The taxes came up to $1000 , but she had only paid $200.

I had gave her till the end of January to pay and she keep saying she will but never sends anything. This has been going on for the last 2 weeks about. I wanted to know can I sue her for the 800? And will she get deported (I don't want that)?

I been trying to be nice but I know she is hiding her social media stories from me to make it seem like she is not online. I think she will block me soon or try to say I'm harassing her. Please let me know what I can do. Unfortunately, I just recently lost my job. So I can't even just call this a lesson and move on. I know they are my taxes, but she agreed in writing.
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quincy

quincy

Senior Member
JakylaLi, is this so-called friend of yours a real life, living breathing person who you know from personal contact with her in New York, or is she an online friend known only to you through social media sites and text messages?

Whatever the case, I think it is time to admit to yourself that you were foolish to agree to her cockamamie plan. I suggest you find a new job, pay the taxes owed, and move on.
 
J

JakylaLi

Member
quincy said:
JakylaLi, is this so-called friend of yours a real life, living breathing person who you know from personal contact with her in New York, or is she an online friend known only to you through social media sites and text messages?

Whatever the case, I think it is time to admit to yourself that you were foolish to agree to her cockamamie plan. I suggest you find a new job, pay the taxes owed, and move on.
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Yes she was a real person. I have several pictures with her. I have know her for over a year. I know I was a fool to think that my friend would pay me. Can you explain to me why you don't think I will win in court?

I also already plan on paying the taxes but it's going to put a dent in my already low budget. I have only been unemployed for a month. I already been looking for job.
 
quincy

quincy

Senior Member
JakylaLi said:
Yes she was a real person. I have several pictures with her. I have know her for over a year. I know I was a fool to think that my friend would pay me. Can you explain to me why you don't think I will win in court?

I also already plan on paying the taxes but it's going to put a dent in my already low budget. I have only been unemployed for a month. I already been looking for job.
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Why won’t you win in court? Because you are smart enough not to reveal your crimes in court?

You can speak to an attorney in your area to see if the mess you helped make can be untangled.
 
J

JakylaLi

Member
quincy said:
Why won’t you win in court? Because you are smart enough not to reveal your crimes in court?

You can speak to an attorney in your area to see if the mess you helped make can be untangled.
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What crime did I commit? I do plan on getting consultant this week. I feel like you are being harsh for no reason.
 
quincy

quincy

Senior Member
JakylaLi said:
What crime did I commit? I do plan on getting consultant this week. I feel like you are being harsh for no reason.
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I am sorry if you think I am being harsh.

It is good that you plan to speak to an attorney in New York this week. Perhaps if you tell your friend from India that you are seeing an attorney, she might suddenly “find” enough money to pay you what she owes.

Although both you and your friend AND the company who employed your friend could find yourselves in legal hot water, it is your friend who risks being deported.
 
LdiJ

LdiJ

Senior Member
JakylaLi said:
I did not know that. The company never said that it would be a problem. They knew she was the one working and I would be the one collecting the checks. And another girl did the same with her bf.
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What you did was fraud. However, technically because you were treated like a contractor and then turned around and paid someone else to do the actual work, the fraud you committed is a bit different than what you might imagine. It is not illegal to contract to do work and then pay an employee to actually do that work. What is illegal is hiring someone without an SSN to do the work, and it was also illegal to not treat the person you paid to do the work as an actual employee. So, as far as the company was concerned, it wasn't a problem. They weren't responsible for whom you chose to hire to do the work.

Where you were foolish was to not treat it as a regular business. Had you hired someone who could legally work in the US, and paid that person a regular salary with proper withholding, workers comp etc, in an amount that allowed you room to cover the taxes and make at least a small profit, then what you did would have been an acceptable thing to do. A bit risky perhaps, but acceptable.
 
J

JakylaLi

Member

LdiJ said:
What you did was fraud. However, technically because you were treated like a contractor and then turned around and paid someone else to do the actual work, the fraud you committed is a bit different than what you might imagine. It is not illegal to contract to do work and then pay an employee to actually do that work. What is illegal is hiring someone without an SSN to do the work, and it was also illegal to not treat the person you paid to do the work as an actual employee. So, as far as the company was concerned, it wasn't a problem. They weren't responsible for whom you chose to hire to do the work.

Where you were foolish was to not treat it as a regular business. Had you hired someone who could legally work in the US, and paid that person a regular salary with proper withholding, workers comp etc, in an amount that allowed you room to cover the taxes and make at least a small profit, then what you did would have been an acceptable thing to do. A bit risky perhaps, but acceptable.
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I'll try to respond to this as best as I can. I didn't hire her. A club promoting company hired her but could not issue her the checks. So she wanted me to sign on and pay her. I honestly didn't know that you couldn't do that. Since another girl we both knew who was also from India did the same job under her boyfriends name. I know that means nothing in court. I think I understand what you are saying.

That the company hired me and it will look like I paid someone under the table to do the work.
 
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