What can I do if I got paid under the table, had an accident with the company truck, and have now received a summons for takingit without consent?

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What can I do if I got paid under the table, had an accident with the company truck, and have now received a summons for takingit without consent?

I found his listing on-line, which is not posting anymore. I drove a tow truck for him and he paid under the table. I worked for him for 3 weekends. I got in a small accident and there was a police report filed. Over a month later I got a summons saying that I did not have his consent to have his truck. I did calls through Triple AAA for him. I just do not know how to prove I did worked for the guy and I cannot afford a lawyer. I literally am flat broke. I did nothing but try and work to earn a living and now I’m facing some serious legal issues. How can I prove I actually worked there?

Asked on August 12, 2011 New Jersey

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Very easy to prove. While you cannot prove the actual monetary transaction, check your emails and phone records to show you did communicate with him. Get affidavits from friends who knew you did calls for him for three weekends. Show any receipts and see if you remember any of the AAA calls. Further, contact AAA and explain you did calls for this person on such days and times and see if they can provide information to you. Further, if you can contact those people who you towed, you might be able to get affidavits from them remembering you. Contact your legal aid foundation and the state bar. Further, contact the agency who licenses such tow companies and file a complaint. 


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