my contract employee owes me.money, what type of attorney do i need

by Jaeden Hartmann 5 min read

You need a commercial or civil litigation attorney. A civil litigation attorney or commercial litigation attorney would typically have the experience necessary to sue the person (litigate) in the necessary court, if settlement or other negotiations can't be worked out prior to filing the suit.

Full Answer

What to do if a contractor owes you money?

Jan 09, 2011 · Nathan Carr. You need a commercial or civil litigation attorney. A civil litigation attorney or commercial litigation attorney would typically have the experience necessary to sue the person (litigate) in the necessary court, if settlement or other negotiations can't be worked out prior to filing the suit. Also a civil or commercial litigation attorney would be able to advise you …

What can I do if my employer owes me money?

Aug 18, 2018 · Posted on Aug 18, 2018. If you choose to hire an attorney, you need a general litigation attorney. The question is do you have any proof of contract? If the other party paid in cash and there were no witnesses - then what proof do you have? The burden of proof is on the moving party - you. This answer is provided for general information purpose only.

Should I hire a lawyer to take my employer on?

If a contractor owes you money because you had to hire someone to fix the bad job they did, you can them in small claims court. If an auto repair shop owes you money, you can sue them in small claims court. ‍ What to do before suing someone who owes you money in small claims court Reach Out to the Person Who Owes You Money

Why does my employer have to pay me money?

May 19, 2021 · My employer owes me money, what can I do? 19 May 2021 If you are owed unpaid wages or if unauthorised deductions have been made from your earnings, you may be able to take your employer (or former employer) to an employment tribunal.

What do you do if an employee owes you money?

You can file a complaint with the U.S. Department of Labor's Wage and Hour Division, and include information regarding your job title, pay, hours, and additional information from pay stubs and other payment information. You can also pursue your case at a state level, with state labor and employment division resources.

What can I do if someone owes me money and refuses to pay?

Taking someone to small claims court. Does someone owe you money but won't pay up? You can take them to a small claims court to regain your cash (and your temper).Sep 29, 2015

How do I sue for wages owed?

Yes, you can sue for being underpaid. First, you need to submit a claim through WHD (more on this below) and wait for WHD to investigate the claim. They will decide if the claim is valid and submit a legal order for your employer to pay what you are owed. This is a common remedy for wage violations.Aug 25, 2020

What do you do if you work with someone and they don't pay?

What can I do if my employer doesn't pay me my reporting time pay? A. You can either file a wage claim with the Division of Labor Standards Enforcement (the Labor Commissioner's Office), or you can file a lawsuit in court against your employer to recover the reporting time pay.

Can the police get involved if someone owes you money?

No, debt collection agencies would not be interested in buying this sort of private debt. Can't the police sue them and get my money back? No, the police will tell you this is a “civil” matter, not a “criminal” matter. They will probably suggest you go to your local Citizens Advice – which is a good suggestion!

How do you get someone to pay you back without going to court?

Personal Debt Collection Success – 6 Steps to Collecting Money Owed YouUnderstand the Dynamics. The person who owes you money has broken his/her word. ... Remind Them About the Debt. ... Send a Letter. ... If All Else Fails, Get Your Lawyer to Write a Letter. ... Make Sure the Lawyer's Letter Goes Out. ... Go to Court.

How do you write a demand letter for unpaid wages?

What should I say in my demand letter? Your demand should notify your employer that you are requesting unpaid wages. Although the letter does not need to be detailed, it should include your best estimate of the amount of money you are owed, the type(s) of wages you are claiming, and instructions for payment.

What happens if a company doesn't pay your salary?

If an employer doesn't pay up your salary, you can approach the labour commissioner. They will help you to reconcile this matter and if no solution is reached labour commissioner will hand over this matter to the court whereby a case against your employer may be pursued.Dec 15, 2016

How do I file a complaint with the Department of Labor?

If you have questions or concerns, you can contact us at 1-866-487-9243 or visit www.dol.gov/whd. You will be directed to the nearest WHD office for assistance. There are over 200 WHD offices throughout the country with trained professionals to help you.

Can I sue my employer for not paying me correctly?

You can bring a claim against your employer in an employment tribunal if: You haven't been paid at all; for work you have done. Deductions have been made from your wages (so you received less than you were expecting) and these were not authorised; or. you wish to challenge the amount you've been paid.

What to do if you are owed a security deposit?

If you are owed your security deposit, you want to make sure you sue the correct legal entity or the individual list as the landlord on your lease. If you are owed money because someone hit your car, you want to make sure to sue the registered owner of the vehicle.

Can you sue someone for lent money?

If you lent someone money, you can sue them in small claims court if they failed to pay you back. If your landlord didn't return your security deposit, you can sue them in small claims. If you are owed money because someone hit your car and you had to repair it, you can sue them in small claims court. If a contractor owes you money ...

What to do when a problem arises?

The first thing to do when a problem arises is to communicate with the other party. You want to make sure they understand that they owe you money and how much they owe you. Most of the time they will agree to pay you all or most of what you are owed.

How much does it cost to serve a lawsuit?

This is called serving. You can serve for free if you have a friend or family member deliver the lawsuit to the person you have sued or you can pay between $40-$75 to have the lawsuit professionally served.

Can an attorney represent you in a lawsuit?

Attorneys are not allowed to represent you or the person you sued at the initial hearing. If the person you sued appeals (meaning they lost and want the judge to decide again) then attorneys are allowed to represent the parties at the appeal hearing. ‍. Share this article.

What is demand letter?

A demand letter is a letter that outlines a set of requests. For example, you could write to the other party to request payment of the debt and explain why it is still outstanding.

How to serve a small claims court in California?

Once you file your California small claims court lawsuit, the next step is to notify the person you sued that they have been sued. This is called "service of process" (also known as "service"). You must serve the debtor at least 15-20 days before the small claims court hearing (sometimes you are required to serve at least 30 days before the hearing). There are several ways you can serve the debtor including by having a friend serve, hiring a process server, hiring the sheriff, or through the court clerk. We can help you with serving the small claims lawsuit.

What are the deductions for a pension?

There are certain authorised deductions that may be made from an employee’s wages, including: 1 Tax and national insurance contributions 2 Pension contributions 3 Overpaid wages 4 Deductions agreed with an employer (such as unpaid leave)

What happens if you owe unpaid wages?

If you are owed unpaid wages or if unauthorised deductions have been made from your earnings, you may be able to take your employer (or former employer) to an Employment Tribunal.

How long can you claim unpaid wages?

Claims for unpaid wages or unauthorised deductions are subject to a time limit of three months minus one day. This time limit starts from the date on which your employer should have paid the money to you. The clock will stop during ACAS Early Conciliation proceedings, but will begin again once they have come to an end.

What deductions can be made from an employee's wages?

There are certain authorised deductions that may be made from an employee’s wages, including: Tax and national insurance contributions. Pension contributions. Overpaid wages. Deductions agreed with an employer (such as unpaid leave) But if your employer has deducted money from your wages and you believe this to be unauthorised, ...

What to do if your employer refuses to pay you?

If your employer still refuses to pay the money you are owed, your next option is take them to an Employment Tribunal. However, before you do this you will have to attempt ACAS Early Conciliation. ACAS is an independent third party which will try to help you resolve the dispute without the need for a Tribunal..

What happens if an employer doesn't pay you?

At the Employment Tribunal a Judge will decide whether or not your employer owes you money and, if so, how much. Your employer will then be ordered to pay the money owed, together with interest if they don't pay you promptly.

How to just say NO

Before saying no to your friend or relative, take some time, say a day or two before replying to their request. If the loan isn’t extremely urgent (e.g. a hospital emergency), it might give the borrower time to find other funding sources.

The best way to lend someone money

When you loan money to a friend, it’s important to understand that although it may help them in the short term, you are essentially providing them with a quick fix solution to what may be a long term problem.

How to collect a debt

When you have lent a friend or relative money and they are not paying you back, you’re most likely going to have to rely upon your negotiation skills to try and recover the debt. This can be tedious and depending on the nature of the relationship, can either bring you closer or can create serious tension between you.

Tips on getting your money back

Don’t fret, there are ways to deal with a friend or family member when collecting your debt!

How long does it take to file a lien on a property?

If you are within 90 days , file a lien on the properties, then send a copy to the property owner. Yes, you can file this lien yourself, and you can file it with out any one's permission. Go to the clerk of Superior Court, in the county where this is located.

How long do you have to pay off a lien in Idaho?

In Idaho, that's a 90 day period. That would put pressure on the property owner (who doesn't want his property liened) to in turn put pressure on the general contractor to pay you. If you file such a lien, you then have 6 months from the day so filed, to start a foreclosure lawsuit against the property (force the property to be sold and liens paid off in the order of their 'priority'). This can actually be risky, if not enough is made from the sale of the property to pay off all the liens ahead of you, you might have to pay off those with lien rights ahead of yours. You could file a lawsuit directly against the general contractor. It would be for contract damages, i.e., to get paid what the general contractor owes you. Keep the text messages, they are evidence of what the general contractor has agreed to.

What does an employment lawyer do?

An employment lawyer can also give you an assessment of your likelihood of prevailing in any of the above options, and the cost for undertaking each of them. You and your lawyer will discuss what you might recover in damages and the attorney fees you may have to pay to pursue those damages.

What happens if you don't get paid for your work?

If your employer has not paid you fully for your work, you may be entitled to penalties and, in some states, attorney's fees, in addition to payment of wages owed.

How many hours can you work overtime?

premium overtime pay for hours worked over the legal straight-hour maximum (over 40 hours in a workweek under federal law; over 8 hours in a workday under some state laws), or . for travel time during the workday that is related to work (and, in some states, certain travel to and from work).

Can you claim unpaid wages?

Wage Claims. You may have a claim for unpaid wages if your employer has failed to pay you: minimum wage. for break time provided by law (or has not allowed you to take required breaks) for "off-the-clock" work. for time you need to put on or take off safety or other work-related gear or uniforms.

Can an employee sue an employer for unpaid wages?

When an employer violates wage and hour laws, an employee often can sue the employer. But, in many situations, the employee may have other options. For example, in some states, you can file a claim for unpaid wages against your employer with the state labor department, which will then hold a hearing to issue a finding on the claim.

Why do we need demand letters?

In many cases, especially between individuals, a demand letters are all it takes to remind the borrower that they need to pay their debts. A demand letter may also need to be sent to an employer who has not paid promised wages. Demand letters can be sent for other purposes than financial debt.

What to do if you are owed money and you don't repay it?

If an individual is owed money, and the borrower shows no signs of repaying it, one of the first steps they should take is to send a demand letter. This is a formal letter that clearly states the circumstances for the loan, the required repayment and a suggestion that taking the issue to court may be an option if the debt is not repaid. ​.

Should a demand letter be polite?

Demand letters should be polite and not harass the debtor especially if it is going to a family member or friend of the lender. They will most probably need to maintain a friendly relationship with the borrower. This is why the letter should simply state the facts and not have an emotional tone.