Bounced Payroll Checks, opinions?

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1. Start communication via email. This will provide documentation.

2. Get him to acknowledge the debt in writing (email)

3. Take him to small claims court.

Then you STILL have to collect it but you have much more leverage.

If that fails, bypass the system and steal something of his worth what he owes you.....plus interest.

 

[Sparky555]

If I'm in doubt about a check I go to MY bank and they call for me to see if funds are available. End of the month is a great time for the attempt. You waited way too long so your other best option is probably the state labor board. If those two fail I'd get legal advice, but having a lawyer pursue it is probably a waste of money. Winning in small claims court isn't the same as cash in the bank. He isn't bringing his cash to court.

There's a similar contractor in this area. The only way I'd bid on one of his projects is for cash in advance.

 

[petersonra]

if you were actually an employee, and not a contractor, your state probably has a labor department that can straighten this out pretty quickly.

 

[Rewire]

You should act quickly as some state thier may be a statute of limitations on collecting if you are getting close to trhat time or have gone past it don't panic if you get him to acknowledge the debt in writing or e-mail it will reset the clock.If it is past time he can tell you to pound sand so subtle is the word.

 

[Fulthrotl]

I am aware that I am the only one to blame for letting the problem go this long, the offending party and I had 2 meetings or should I say "confrontations" regarding the issue within the first 6 months of the offense where he swore up and down that I would get paid "as soon as possible" so I became lax on the situation giving the benefit of the doubt at first.

well, that's your part, and it makes it harder to get the money. statute of
limitations may have come and gone.

if you expect to have *any* chance of getting any money from this guy....
this weekend, get all the papers together... if you have the checks, you
are gonna need them.

the checks are a year old, and i'll tell ya now, the bank won't touch them.
especially with NSF stamps all over them.

you need, to the best of your ability, determine *what jobs* you performed
this unpaid work on. it varies from state to state, but in calif. you can file a
mechanics lien for a $1 filing fee, on the property you worked on.

the property owner will then pay you, either willingly, or by default when they
sell or refinance the property, as it now has a clouded title, and cannot be
sold or refinanced without payment to you in full.

i had a weeks work for a guy, about 10 years ago, as an employee. for a
couple reasons, he decided not to pay me. at the time, i was dating a title
officer who managed a large title insurance office in orange county.... i
gave her a call, and said what was happening.... she said, "what's the job
address?" i gave it to her, and 45 minutes later, she called me back with
my lien number.....

i walked into the general's trailer, and gave the lien number to the project
manager, and explained the situation.

the PM of the general asked me how many hours, at what rate, and wrote me
a check for the full amount on the spot. i signed his conditional lien release,
and went to the bank it was drawn on, and hammered the check.

i called my girlfriend back, and she had her runner swing back by the
courthouse, and remove the lien.

the whole thing took 2 hours, and i was paid in full.

good luck on this.... time's a wasting.... ya need to hammer him monday
morning, in my opinion.

fulthrotl isn't a nickname, it's an attitude. skinny pedal flat, round parts down,
haul mule, so to speak.


randy