Legal Question in Business Law in California

Money owed and Character Defamation

I'm in the fashion industry & my previous sales rep owes me money. He is not paying even though I have enough evidence to prove that he owes me. 2 parties are involved: him, to whom I gave the check, & a corporation--who was to receive that money as payment for a booth in a fashion exhibition organized by them.

The sales rep decided to resign from representing my clothing line and so I canceled my booth at the exhibition. The rep from the exhibition informed me that I can cancel from the show without any penalties, but the refund has to come from my sales rep.

Should I sue both or just the sales rep. By suing both I will keep myself safe incase he claims he never received a refund from the corp. I feel that the corp. relieved themselves of the issue too easily. I am hesitant to sue them is because I may want to participate in their exhibition in the future.

Now he wants to sue me for slander and defamation of character because I spoke to his employees and another vendor of his. I ask them of his whereabouts as he is not responding to my repeated requests to refund my money. 1 of his employees and 1 of his vendors know about all this as they are indirectly involved. They also ask me if I�ve received my money back.


Asked on 9/08/04, 9:51 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Money owed and Character Defamation

If you aren't sure where your money went, look at the check and see who cashed it. (Your bank can give you a copy of the check if they don't normally include checks with your statements.) If you made the check payable to the rep and the rep cashed it, then I don't see how you could sue the company. And if the money was intended for the company but you made the check payable to the rep, then you were not being very smart about your procedures.

If the company cashed the check and agrees you are entitled to a refund then it should give you the money. I don't see how the rep can be liable if he passed the check along per your instructions and then you decided on your own to pull out of the show.

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Answered on 9/08/04, 11:42 pm


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