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Why should I submit a statement of what I owe?



"Katrinka"
1/29/2005 10:27:03 PM


I was an independent contractor in California and decided that after
trying in vain for a year, I cannot make enough money selling the
product to make a living. My supplier "helped me along" during the
year by continuing to send more product and I would pay whenever I
could. The arrangement was not suitable since I kept getting further
in a hole. Then I decided to abandon the position. Now I owe him
$5.5k. I am judgement proof, and can file BK, but still don't want to
do that over this amount. He says the monthly amount I can pay is not
suitable, however.
I was asked to submit a document stating exactly what I owe him. I
wonder why? Maybe its because he only has invoice copies that list
product items sent to me, but stated in print on each page is the
phrase "payment is required before items are sent".
I had signed nothing.
Why do I need to supply a list of what I owe? Can't he do that? In
addition, I performed numerous business functions to "help the home
office business" along including creative letter writing, promotional
work, graphics creations (logo design, letterhead, business card
design). I also recruited two additional independent contractors who
are still selling his product. None of this was itemized against what
I owe. But the additional work was significant in my time and effort.
What do I gain by submitting a statement? Replies greatly appreciated
on any part of this issue.
K. Hernandez (khernandez1@dc.rr.com)
 
 
"John A. Weeks III"
2/1/2005 6:16:23 PM


In article <oskov09g550j686v1ftdjv8kp5p3ra4phc@4ax.com>,
"Katrinka" <khernandez1@dc.rr.com> wrote:
What do I gain by submitting a statement? Replies greatly appreciated
on any part of this issue.
Have you considered that it is possible that his numbers
may be in error, and if you blindly accept his number, you
may have to pay more than you really owe? It sounds like
the vendor is just trying to get your side of the story.
It also sounds like the vendor would like to have your
signature on some piece of paper in the event that he
has to take you to court later on.
-john-
--
======================================================================
John A. Weeks III 952-432-2708 john@johnweeks.com
Newave Communications http://www.johnweeks.com
======================================================================
 
 
sethb@panix.com (Seth Breidbart)
2/1/2005 6:17:46 PM


In article <oskov09g550j686v1ftdjv8kp5p3ra4phc@4ax.com>,
Katrinka <khernandez1@dc.rr.com> wrote:
I was asked to submit a document stating exactly what I owe him. I
wonder why?
Because it's to his advantage to have such a written statement.
Maybe its because he only has invoice copies that list
product items sent to me, but stated in print on each page is the
phrase "payment is required before items are sent".
I had signed nothing.
Why do I need to supply a list of what I owe? Can't he do that?
It's much easier for him to win a lawsuit if he has your written
statement.
In addition, I performed numerous business functions to "help the
home office business" along including creative letter writing,
promotional work, graphics creations (logo design, letterhead,
business card design). I also recruited two additional independent
contractors who are still selling his product. None of this was
itemized against what I owe. But the additional work was significant
in my time and effort.
Then if you decide to write a statement, you should include that work
and the value of your time as a deduction from the amount you
acknowledge owing.
What do I gain by submitting a statement?
If it were to your advantage, why would he ask for it?
I suggest asking a local attorney about specifics. Do you still have
the unsold product? Can you return it? (It might be
returnable/refundable unless you send him that statement.)
Seth
 
 
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