I really need your help!

Ok, as most of you know, I have been offered another job which I have taken. I start my new job on the 27th March 2006 and I have now handed in my Notice.

My Bosses, obviously were not happy about this, but relised that they have no chance of talking me into staying. We agreed that I would finish up all my current jobs and fufil all tasks that had been asked of me before I left.

One of these tasks is a Court Case for which I have to give evidence against a Client. Its a long story but to quickly summarise;

1. Client hires us. We complete job asked of us by client and issue fee account.
2. Client does not pay and after several phone calls and letters from our Accounts Department we threaten him with Court Action.
3. Client calls up using his Company Name (which we did not know) and states that an account is paid and he needs a receipt for his records. He never gives me his name just his Company name. Anyway, I check to see if it is paid, I look in both our account books, in the first one, when an account is paid we take the account out, when I checked the account was not in it. The second book has the date of which the client would have paid written against the job, when I checked I thought it said 0/5 (as it was 2005, I guessed it was the year or something?!).
4. After checking and him continuly saying the account was paid, I send him out a receipt.
5. Two days later an angry accounts bitch tells me he has not paid and that he tricked me into giving him a receipt.
6. We try to contact him, without luck.
7. We issue County Court Proceedings
8. I write out a statement (this is send to court as well)
9. Client claims to have paid using the receipt as proof
10. I am offered another job which I take
12. I hand in my notice on Friday
13. Come in this morning and am told my evil boss that no matter wht I have to go to court. I tell them that they have until the 27th of March to get the Court date sorted because I will not take any holiday for the first three months at my new job as it would look bad.
14. I am told to be very careful what I say in Court as I could be accused of theft. (The Client is claiming he paid in cash and gave it to me, as such, he could say that I stole it.)

WHAT DO I DO???

If the Judge settles in the Clients favour, I could be accused of theft! Is there anything I can do? Should I get the Police involved? Also, if I am accused, is it a good idea to then take the Client to court for Defimation of Character against me?

HELP!


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Submitted by majikmissi on Mon, 02/27/2006 - 18:12.

thissounds like a really sticky situation. First of all, is the recipt issued to the company or to the client? perhaps if the company's name is on the recipt you can fight it. It is not uncommon unfortunatly for some one to take a recipt issued to their company or another person and try to play it off as their own. What he did was fraud and possibly even identity theift ( if the company does not belong to him, anyway) Talk to a lawyer, they typically give freee consoltaions
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Submitted by ookie on Mon, 02/27/2006 - 18:13.

when you were looking into this crap originally? Why is court needed at all? If he's got the receipt, basically your company is screwed aren't they? Yep, it was a mistake, but what's done is done. Maybe they should make their accounts more clear in the future?

If he called saying he paid on such and such a date, and you weren't informed of the matter until months later, then technically they can't blame you for the "theft" can they? If this is an internal mistake, I doubt the police can do anything (but I honestly don't know for sure.)

Too bad you just can't escape and be done with it. :(

Submitted by juliewess on Mon, 02/27/2006 - 18:50.

but from what I understand you personally cannot be sued or charged with any crime if the facts presented are valid (like he tricked you into thinking he was another presence). And okkie is right, where was the accounting bitch. I would think this will go back on accounting for not keeping on top of the situation.
But I would try to help your current company by going to court on this. Maybe use what leverage you on this going to court deal and make them draft and sign a "Hold Harmless Agreement" saying that regardless of how the court outcome is they will not try to go after you.