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Employer owes me

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G

GotWorked

Guest
What is the name of your state? WA

OK, So I worked as a chauffeur for a small limosine business.. my last paycheck bounced and they informed me that they were closing the business. They agreed to pay for the bad check, the fees, and some fees i aquired from bouncing a check of my own. That was several weeks ago and they are not returning my calls at this point. They were running the business out of their home but have since moved. I doubt they were paying taxes on the business. I'm not sure if there is a bankrupcy involved on their end. They owe me around $300.

Small claims seems like the only option but i'm wanting to do this right so I appreciate the help.

1. If they are claiming bankrupcy am I a creditor?
2. I believe he has a few businesses and i'm not sure how he has them structured. How do I know who to sue? Is it the owner personally or the business?
3. Can I subpeona the husband (vice president, and owner I think) or the wife only (president?) I know where he works but have no idea how to get her served.
4. I've heard that if they loose the case there is no real way for me to make them pay.. is this true?

Thanks all for your help

:mad:
 


JETX

Senior Member
"1. If they are claiming bankrupcy am I a creditor?"
*** Based on your post, you COULD be a creditor if you file a claim. However, the chance of you getting anything is likely slim and none.

"2. I believe he has a few businesses and i'm not sure how he has them structured. How do I know who to sue? Is it the owner personally or the business?"
*** If the business is a corporation, you would sue in the name of the corporation and serve on the registered agent. If the business is a proprietorship, you sue him in name personally.

"3. Can I subpeona the husband (vice president, and owner I think) or the wife only (president?) I know where he works but have no idea how to get her served."
*** You would have to file a lawsuit first to get the right to subpoena.

"4. I've heard that if they loose the case there is no real way for me to make them pay.. is this true?"
*** Possibly. Simply, if they do not have any non-exempt assets, then you have nothing to try to seize/garnish/levy/lien. If they have non-exempt assets, collecting could be fairly easy.
 

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