Legal Question in Business Law in Arizona

can he sue me?

I work for a company based in Cyprus. I get paid on a monthly basis for marketing their services. They have many affiliates in the USA, which it is my job to manage. One particular affiliate was told he would be paid $1,600 but then it was cancelled because his account was marked as fraudulent (due to security checks).

The affiliate complained to me, because I was his affiliate manager. He threatened to sue me personally so obviously I felt a bit worried. I talked ot the company owners in Cyprus and they agreed to pay him this last time all that he was owed (the $1,600). It was paid.

Now the affiliate then demanded another $2,000 or said he would still sue me for his hassles. Mostly out of fear, the $2,000 MORE was paid to him. Now he is saying once again that he demands an additional $1,815 because his uncle (a lawyer) had his secretary take the time and effort to research a bit on me.

I am sick of it, and feel he has already been paid MORE than enough. He says if it is not paid, he will continue with the suit. I personally never even did business with this guy, he's an affiliate for a company that my company markets for. Can he sue me?

Thanks!


Asked on 4/02/06, 4:22 pm

2 Answers from Attorneys
Donald Scher Donald T. Scher & Associates, P.C.

Re: can he sue me?

Yes, anybody can sue anybody, with or without good cause. It doesn't mean that he can win, but you cannot stop someone from filing a claim.

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Answered on 4/02/06, 5:38 pm
James Jenkins Jenkins Law Center PLC

Re: can he sue me?

Anyone with a check for $205.00 and a typewriter can file a lawsuit.

You have presented quite a few facts, but not all the details about what this person did in the first place that allowed for a witholding of his pay, and how and why the additional $2000.00 was calculated, what it was for and why it was paid. So it is not possible to determine if he has any cause of action. From the limited facts presented it appears that I would advise you to continue to do your business properly and not pay more. If he sues, defend the suit with an attorney. Sounds like extortion to me; you gave in so he wants more.

Another bit of advice: When someone sues or threatens to sue, and you pay them, make them sign a release of all claims, since your payment is to buy peace and no litigation, you should have a release that acknowledges that the payment is for a complete satisfaction of the claim and is a settlement, so no further claim is possible.

Caveat: Can't give a complete opinion without all facts. See an attorney for more help. Sounds like you need an attorney ready on retainer for the business you can call on for help when situations like this arise.

Good luck,

James D. Jenkins

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Answered on 4/03/06, 10:38 am


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