Legal Question in Civil Litigation in Ohio

Fraudulently obtained Promissory Note

S approached me couple of months ago,offering to help me find a job. S told me that she is part of a Placement Firm. A few days later,she asked me to contact a local placement firm M.She had me sign a handwritten promissory note.The note says ''I promise to pay S $ 2000 if I accept a job offer from M.''I registered with M.A few days later a rep. from M fixed me up for a job interview with L. Inc.I had a successful interview and M's representative told me L Inc. was making me a job offer for a temporary position.I checked with M's rep. if they had any arrangement with S to direct business to them.M's representative at L Inc. had never heard of S.When I confronted S with this,she emailed me to keep the matter between ourselves and not talk to M about it. I have decided I will not pay her and think she has fraudulently obtained the promissory note from me. I would appreciate it a lot if you could confirm my understanding and clarify my position given that S is still trying to hold me to the promissory note. How do I proceed to claim back the note I have given S? Is the p-note legally valid ? I am certain S had nothing to do with my getting the job.


Asked on 10/28/03, 6:35 pm

1 Answer from Attorneys
Steven Martinek Steven Martinek Lawyer Ltd.

Re: Fraudulently obtained Promissory Note

The note is probably not enforceable on several bases: fraud in the inducement; lack of consideration; ambiguous terms (you didn't accept a job offer from M placement firm, but from an employer to whom M sent you). However, you would not have received this offer but for having contacted M, and you would not have contacted M but for the referral from S. Despite her fraud, you seem to have derived benefit from her referral. Because of her fraud the services are not worth the agreed $2,000.. Also, it is a part-time position. My business advice is to honor your written word to S, but at a reduced fair figure (perhaps half). This should avoid making S an enemy. You may return to the job market and need, or want, her assistance. (If you choose to pay, I would wait until you've had the job for 3 months or more, to be sure it works out.) Good luck in your new position.

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Answered on 10/29/03, 9:58 am


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