Quick CA legal question if anyone knows...

Discussion in 'Experienced Truckers' Advice' started by bullet18, Feb 24, 2013.

  1. bullet18

    bullet18 Bobtail Member

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    Aug 10, 2008
    Phelan, CA
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    I have a feeling come Monday things are going to get ugly with my probably former employer. He was a friend, he leased a truck through Central Freight, I've been driving for him but he is short or no paying me - right now, he owes me over 2K...we argued tonight and he said he was coming to get the truck tomorrow am.

    The question, if he doesn't give me all of the money he owes me, do I legally have to hand over the rig? I've heard differing stories.

    The truck is on my fenced property behind a locked gate, do I have to let him on my property if he doesn't come cash in hand?

    I know, bad idea to work for or with a friend...lesson learned...

    any thoughts? suggestions? Advice?
     
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  3. STexan

    STexan Road Train Member

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    Longview, TX
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    Cut your loses, let him have his truck and move on. Keep the paperwork from the last load if you have it and hold it hostage for some pay. That in my estimation is the best way to get out of a no-pay sort of deal. Otherwise if you decide to keep it locked up, anything can happen and it may or may not work out well for you.
     
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  4. critters

    critters <b>Late For Dinner</b>

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    i believe you have to give up the key's,probably have to a lawyer involved.good luck
     
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  5. bullet18

    bullet18 Bobtail Member

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    Aug 10, 2008
    Phelan, CA
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    thanks to him I got a 3 day notice to pay or quit on my rent, that is what started the argument...I want my paycheck and he says he "doesn't have the money" - my family is about to end up on the street because of this jackwagon.
     
  6. UnnamedSickness

    UnnamedSickness Light Load Member

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    Feb 11, 2013
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    why is he refusing to pay you? what is his reasoning?
     
  7. UnnamedSickness

    UnnamedSickness Light Load Member

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    Feb 11, 2013
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    you must have read my mind.....:biggrin_2556:
     
  8. 379exhd

    379exhd Road Train Member

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    rolling through hell
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    And thats your friend?!?! Legally hand over the keys...personally id pour bleech in the oil if that guy did that tomy family...but thats me. And itd bit you in the arse eventually. Just hand over the keys and call the labor board.
     
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  9. UnnamedSickness

    UnnamedSickness Light Load Member

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    Feb 11, 2013
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    Gotta give the keys up, like everyone is saying. Him owing you money is a "civil" issue. That's what the police will tell you when he calls them.
     
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  10. bullet18

    bullet18 Bobtail Member

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    Aug 10, 2008
    Phelan, CA
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    the reason he isn't paying is because he puts his own bills ahead of mine...we are supposed to be driving team, but for the past two 1/2 months I've been driving solo while he healed from getting drunk and falling in a fire and literally burning his ### off, and then his kid cracked his collar bone for the 4th or 5th time. I've been short payed or no payed ever since he stopped driving....I just get excuses...medical bills - even the "the company didn't pay me" crap...when I can verify he did get paid. When I try to explain to him that regardless of what is going on with him, I still need a paycheck, I just get more excuses and sworn at - that is IF he returns my calls of texts.

    my wife is about ready to kill me - I'm getting the "I told you so" and the silent treatment...don't blame her...
     
  11. Saddletramp1200

    Saddletramp1200 Road Train Member

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    Sep 4, 2011
    Houston Texas,USA
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    If you have paper logs, bills, ect, ask him kindly how you can help him you get you paid. The truck is his. Don't burn a friend if you don't have too. You have zero now, and going after a broke guy get's you nothing. Be a man and at least try to help him. Don't be a kid and scream for something he don't have. He is Your friend, you know him better than most. Greed will never get you anywhere, even if you did the work. If he had the money, to give, you would already have it. If he's a punk, sue his butt off. But you will be a dummy for being his friend anyway. I walked away from a 2300.00 run, once. He used the money to bury his Mom. I got it back 5 years later. Think before you act.
     
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