Fran referred your question to me as I spent a number of years practicing in New York. Regarding the question of double damages -- the right to be awarded double damages is found in statutes in every state (there is no automatic right of the judge to award double the regular compensatory damages amount -- it is not within the judge's subjective discretion to do so unless there is a statute that states that he can do it). Typically, the statutes that state that double damages are available are consumer protection statutes -- and the wage payment statutes would not apply here because you are seeking commission payments as an independent sales rep (I assume you were not an employee -- if you were you could ask for additional punitive -- punishment -- damages)). Regarding the issue of making payments -- if a court orders payments then the plaintiff has no choice but to take those payments -- the court will ask for a financial accounting of the business to determine what the business can and cannot afford to pay to the plaintiff and will decide how much money there is to make payments. If there is a situation where payments are refused and the judge permits that, then the plaintiff can ask that bank accounts, stocks, business assets and equipment (anything that the business owns) be seized and turned over to the plaintiff.
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