Legal Question in Credit and Debt Law in New York
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I was employed as a nanny by a proffesional couple for 12 years.The first 5 years I was partime then they asked me to go full time. At that time she told me I would have a pension as part of the full time benifits. I never seen anything in writing but when you work in someones house like that things are not always above board, for instance I was paid through her husbands office but at tax time she claimed me through her office even though they are totally seperate businesses. I filed for bankrupcty in 2001 and she ended up loaning me the money to get a car. We never signed any agreements and her name is not on the title. The payments were taken out of the top of my wages. The amount of the car was 7,6oo,I paid back 2,418.73 before leaving her employment.when I asked her about my pension she said there was no pension, she said I told her I didn't want a pension which is not true. I told her I took her at her word just as she took me at my word for the car and if she didn't give me my pension I would not make payments on the car, Now 9 months later I received notice that she is taking legal action against me. please tell me where I stand.
1 Answer from Attorneys
Re: Help
Dear Reader:
In examining this response, please note that we are not entering into an attorney/client relationship, that this is to be taken as informative, and not as legal advice, that it is always best to speak to a lawyer in your area and/or in the area where the transaction and/or events occurred, and that my answer is necessarily limited by the fact that I have not seen the documentation or had an opportunity to go over the matters with you in detail.
The first thing you will want to do is avoid telling anyone else your problems, certainly not on the internet, where anything you say can be held against you.
Second, if you notified her of the bankruptcy when you filed (speak to your lawyer about that) then your ex-boss has very, very limited right to sue you for the money. If you get any papers, like a summons, take it to a lawyer as fast as you can. It may turn out that trying to get the money from you is illegal.
As far as your pension goes, unless you have a specific agreement about what and how much, you may be stuck. But if you have anything in writing, you may be able to get help. See a lawyer about that too, bringing anything you have.
As I mentioned before, this is something that you will want to take up with a lawyer of your own selection, either in your state or area or in a place where some of the pertinent events occurred.
Rod Kovel
Attorney at Law
516-312-9900
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