Long story short, I resigned a position and was owed commissions which I was never paid. I filed a claim with the labor board and was granted a judgment for owed commissions and penalties. The business owner closed the company since then, but he still owns the corporation name, which is who the judgment is against. The amount is around $30,000, and I'd like to get some or all of that, but he won't pay and didn't even show up at the labor board hearings. Any suggestions. This is in California by the way.
2007-05-21 07:46:24 · 5 answers · asked by fonzarelli_1999 5 in Politics & Government ➔ Law & Ethics
The labor board judgment is legally binding and is good for 10 years. The corporation wasn't dissolved, the owner just closed the retail store, but to my knowledge, still has some assets in the corporation name.
2007-05-21 08:51:58 · update #1
Have your attorney do some discovery on the defendant. This could be in the form of serving him with interrogatories in order to find out what assets the company owns. If you know what bank the employer used, have them served with a Writ of Execution and Interrogatories in Attachment.
I am also concerned that the former employer may have ceased operations under one corporate name and may have continued its existence under a different name.
It may be necessary to go so far as to hold depositions of the business owner to determine the status of the business, whether there are any successor businesses, and verify the existence of business assets.
2007-05-21 15:02:40 · answer #1 · answered by Mark 7 · 1⤊ 0⤋
What do you mean by closed the company? Was the corporation dissolved? If it was, there is no way for you to collect any of the money in this judgment as you received a judgment against the corporation. If the corporation no longer exists, your judgment is null. The owner of a corporation is not legally liable for the debts of the corporation (called limited liability), they are two separate legal entities. That is why you incorporate your business.
2007-05-21 07:53:35 · answer #2 · answered by msi_cord 7 · 2⤊ 0⤋
Hire a judgment collection attorney licensed to practice law in California. Move fast, your debtor may dissolve, disappear or discharge the debt.
Good luck, I hope this helps.
2007-05-21 07:50:11 · answer #3 · answered by Smith & Raver LLP, Minneapolis 3 · 0⤊ 0⤋
Is the labor board thing legally binding? If not you have to sue.
2007-05-21 07:52:46 · answer #4 · answered by db14 5 · 0⤊ 0⤋
Yup rather plenty long previous it particularly is a good thank you to place it. yet you may positioned your call on the checklist of lenders that are waiting for charge and you need to get some thing if it hasn't been disbursed yet.
2016-12-29 17:20:43 · answer #5 · answered by ? 3 · 0⤊ 0⤋