How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Maverick Your Own Question
Maverick , Attorney
Category: Business Law
Satisfied Customers: 5440
Experience:  20 years of professional experience
Type Your Business Law Question Here...
Maverick is online now
A new question is answered every 9 seconds

I live in colorado and worked for an orthopedic implant distributor.

Customer Question

I live in colorado and worked for an orthopedic implant distributor. I accepted a position with another company. I am owed approximately $40,000 in commissions and have not been paid. Can I place a lien on the distributor's business?
Submitted: 7 years ago.
Category: Business Law
Expert:  Maverick replied 7 years ago.

Not directly. You need to first sue them and get a judgment from the court and then you can execute on their assets with the judgment or place a lien on their assets.


You may want to first try to report the matter to the Colorado Department of Labor. Go here to file a complaint:


Here is the CO law on the matter:


8-4-109. Termination of employment-payments required-civil penalties-payments to surviving spouse or heir

(1) (b)When an employee quits or resigns such employee's employment, the wages or compensation shall become due and payable upon the next regular payday. When a separation of employment occurs, the employer shall make the separated employee's check for wages due available at one of the following locations selected by the employer:

(I) The work site;

(II) The employer's local office; or

(III) The employee's last-known mailing address.

(3)(a) If an employer refuses to pay wages or compensation in accordance with subsection (1) of this section, the employee or his or her designated agent shall make a written demand for the payment within sixty days after the date of separation and shall state in the demand where such payment can be received.

(3) b) If an employee's earned, vested, and determinable wages or compensation are not mailed to the place of receipt specified in a demand for payment and postmarked within fourteen days after the receipt of such demand, the employer shall be liable to the employee for the wages or compensation, and a penalty of the sum of the following amounts of wages or compensation due or, if greater, the employee's average

daily earnings for each day, not to exceed ten days, until such payment or other settlement satisfactory to the employee is made:

(I) One hundred twenty-five percent of that amount of such wages or compensation up to and including seven thousand five hundred dollars; and

(II) Fifty percent of that amount of such wages or compensation that exceed seven thousand five hundred dollars.

(3)(c) If the employee can show that the employer's failure to pay is willful, the penalty required under paragraph (b) of this subsection (3) shall increase by fifty percent. Evidence that a judgment has, within the previous five years, been entered against the employer for failure to pay wages or compensation shall be admissible as evidence of willful conduct.

I would recommend that you file the complaint with the labor department and pay a local labor law lawyer about $200 to make a written demand under the law above and then wait and see what happens. If you still do not get paid, then you may want to hire the lawyer on a more long term basis.

JA experts are not permitted to have outside communications with JA customers. However, you may be able to find a labor law attorney to assist you in your area by going to or


Please click "ACCEPT" so I may get credit for my work. If you have a couple of follow-up questions I would be happy to address them for you after that at no additional charge.

Maverick, Attorney
Category: Business Law
Satisfied Customers: 5440
Experience: 20 years of professional experience
Maverick and 3 other Business Law Specialists are ready to help you
Customer: replied 7 years ago.
Does the law change if I was not an "employee" but a 1099 contract labor? Commissions were paid directly to my company (s corp).
Expert:  Maverick replied 7 years ago.

If you were not an employee you would have less rights. If the commissions were owed to and made out to the name of your S-Corp (not you, personally), then it is a straight breach of contract suit. Here, you would definitely have to file suit and get a judgment before a lien can be placed as the labor board will not get involved in a civil dispute between two corporate entities.


Also, a 1099 independant contractor is not considered an "employee" under Colorado wage and hours regulations.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Previous | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK

Meet The Experts:

  • Dimitry K., Esq.

    Dimitry K., Esq.


    Satisfied Customers:

    Run my own successful business/contract law practice.
< Last | Next >
  • Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.


    Satisfied Customers:

    Run my own successful business/contract law practice.
  • MShore Law's Avatar

    MShore Law


    Satisfied Customers:

    Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
  • RGMacEsq's Avatar



    Satisfied Customers:

    Licensed Texas General Practice Attorney
  • Barrister's Avatar



    Satisfied Customers:

    15 years practicing attorney, MBA
  • J.Hazelbaker's Avatar



    Satisfied Customers:

    Experienced and trained in the area of business law.
  • MDLaw's Avatar



    Satisfied Customers:

    Experience in business law, contract law and related matters.
  • J. Warren's Avatar

    J. Warren


    Satisfied Customers:

    Experience in general business transaction and formation matters.

Related Business Law Questions