What should I do?

[mdumont]

What is the name of your state? Michigan

I signed a contract for work to be performed in a private residence. The contract was signed by myself and and another person. Each of us a responsible for 100 hours of labor and were prepaid. The contract was written in a way that clearly describes that should the work not be performed by the end of February, then the money would be paid back at a rate of $10 per man hour that remained unworked.
The money transaction totalled $2000. I am responsible for 50% of that amount. The money was used to pay our landlord. As of january 5, 2005, the other person who signed the contract decided to break the lease and move out because I and his sister demanded he get a job and help pay the rent.
After he moved out, I discovered that my copy of the contract was missing. When asking about it, I was told by our other roomy that she had seen him take both copies and put them in his footlocker as he walked out the door. Immediately after leaving, he called the lady we signed the contract with and proceeded to lie to her. What he said? I have no idea! Whatever it was, she will not except my phone calls and seems to be refusing my attempts of making payment arrangements with her.
I have called her several times in the last week, at times I knew for certain she would be home. I have also left messages in those calls letting her know that I wished to make payment arrangements with her and gave her more phone numbers where she could reach me. I have heard nothing in 10 days!
I work 60-70 hours a week at the shop, she knows this, and she has known since before she signed the check to the other guy on the contract! She knew before we ever walked out the door that he would be doing all or most of the work and that I would be paying her on my 50%.
How can I get her paid?
I only wish to honor my end of the contract thereby alowing my legal obligations to the contract to be considered to be honored in writting!
I only wish to do the right thing.
Anything anyone can tell me is much appreciated, thankyou.

 

[seniorjudge]

What is the name of your state? Michigan

I signed a contract for work to be performed in a private residence. The contract was signed by myself and and another person. Each of us a responsible for 100 hours of labor and were prepaid. The contract was written in a way that clearly describes that should the work not be performed by the end of February, then the money would be paid back at a rate of $10 per man hour that remained unworked.
The money transaction totalled $2000. I am responsible for 50% of that amount. The money was used to pay our landlord. As of january 5, 2005, the other person who signed the contract decided to break the lease and move out because I and his sister demanded he get a job and help pay the rent.
After he moved out, I discovered that my copy of the contract was missing. When asking about it, I was told by our other roomy that she had seen him take both copies and put them in his footlocker as he walked out the door. Immediately after leaving, he called the lady we signed the contract with and proceeded to lie to her. What he said? I have no idea! Whatever it was, she will not except my phone calls and seems to be refusing my attempts of making payment arrangements with her.
I have called her several times in the last week, at times I knew for certain she would be home. I have also left messages in those calls letting her know that I wished to make payment arrangements with her and gave her more phone numbers where she could reach me. I have heard nothing in 10 days!
I work 60-70 hours a week at the shop, she knows this, and she has known since before she signed the check to the other guy on the contract! She knew before we ever walked out the door that he would be doing all or most of the work and that I would be paying her on my 50%.
How can I get her paid?
I only wish to honor my end of the contract thereby alowing my legal obligations to the contract to be considered to be honored in writting!
I only wish to do the right thing.
Anything anyone can tell me is much appreciated, thankyou.

If you could explain this a little more clearly and leave out the pronouns, maybe someone could give you some advice.

 

[mdumont]

Sorry, I will attempt a clearer image of the situation.
I and my ex-roommate Joe, signed an agreement of work to be performed for a lady named Jane. We were paid $2000 in a check that was made out to Joe. This money was to replace $2000 of our landlords money that had been spent to cover Joe's consistant inability to pay his rent for the first 7 months of our lease. A friend of Joe's who was living with Jane at the time is the person who set the arrangement up, her name is Marcy.
Before the contract was signed, I made certain Jane knew that I would not be able to perform much if any of the work, and I promised her that I would pay my amount in cash as per the written agreement as soon as our bills and rent were back in the clear. I could not do much work because i work 60-70 hours per week in the shop.
Joe never worked on her house at all, and of course she knew I wouldn't be, as I had agreed to pay here back in cash. This took place at the end of October 2004. As of Jan. 5 2005, Joe still did not have a job. His sister argued with him to get out and work and help us pay the rent and utilities. He flat out refused, as well as decided to break his lease and move in with his mother. As a side note to his character, Joe has three children in Missouri who do not recieve child support, and he is wanted my the Missouri authorities as failure to pay child support in that state is considered a felony offense. He still refuses to work a steady job!
In leaving, he stole my copy of the written contract and then called Jane and filled her head with lies. What ever he told her it must have been bad. She refuses at this time to recieve any of my attempts to pay her my portion of what we owe her. She also refuses to return any of my phone calls.
The contract states quite clearly that any hours which remain unworked by the end of Feb. 2005 are to be paid to Jane in cash at the rate of $10 per man hour. I owe her for 100 man hours. 100hrs x $10hr = $1000. I will have her money well before the end of Feb. and wish to pay her back as soon as possible.
The bottom line is simple, I am not the person who racked up the $2000 in the first place. However, to keep a roof over my head, I entered into this agreement. Regardless of who was actually responsible for the dept, I did sign the contract and therefore I am responsible to pay my share. It is only a technicality that I was even included on the contract, but never the less it is still my responsibility to pay my share.
If she is refusing to speak with me to make payment arrangements as per the agreement in the contract, what should I do get her to accept my money and give me a reciept releasing me from the contract?
Honestly, I feel my hands are tied. All I want to do is pay Jane my share. I have absolutely no ill will toward her of any kind. The fact of the matter is, Joe is gone, he and I now hate each other because of how he has handled himself in the past year, because of him I am now further in dept on moneys I didn't spend, and I wish to get this agreement finished and off of my back once and for all. But if she refuses to speak with me or allow me to make payment arrangements, I am stuck in this situation until she decides to get around to taking me to court.
I do not feel that it would be fair to me to pay lawyer fees and court costs because she takes me to court over money that I am more than willing and able to pay her. As I have stated, I am well within the agreement of the written contract.
Should I get a lawyer to send her a letter? If I do this it would show that I had made an effort to honor the agreement before it ever went to court. In doing so, I should not be held responsible for lawyer fees and court costs. Or am I incorrect in assuming that?
Sorry I didnt explain more clearly the first time, and thankyou ever so much for your reply, it is most certainly appreciated! thankyou
Mike

 

[GaAtty]

Attorney

You say that your contract allows you to make payment arrangements, on the other hand you say that the contract says you are to pay her back at $10/hr. That does not sound like payment arrangements to me. She does not have to speak to you about the matter, she can just sue you, and she does not have to make payment arrangements, either (unless your contract says that). Of course, I have not seen your contract, and don't know whether you and Joe were partners or what, but I would suspect that there is a chance that she could prevail if she sued you for the entire amount. While you didn't "rack up the $2000", it sounds like you took part in receiving it. In other words, it does not seem that you are in a good bargaining position to avoid the $2000 debt, even though you think you are. You may have some defenses that are in your contract, such as maybe it is clear that you and Joe were not partners, but without seeing the contract, it's hard to tell. I would suggest that you get an attorney to look at your contract and carry on for you.