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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 6691
Experience:  Significant experience in all areas of employment law.
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Hello there, I have a question about my case. I have received an Award Judgement of $3,

Resolved Question:

Hello there,

I have a question about my case. I have received an Award Judgement of $3,490.05 from the Labor Department in San Bernardino, Ca, against my former employer, Monica Marie Haire of MMInc. Network. I have also used the assistance of the CA Frachise Tax Board.

The first attempt was to send out a letter to Monica's banks and in response, the banks had said that either her accounts were negative or closed. The second attempt is to now send out a letter to her current employers to withold payment until she pays me, and now I have to wait another six weeks for a response.

What other legal options can I take to get an expedited response/payment from Monica, or is this case going to be considered as a lost cause???

Please help!

Best,
Kim Tran
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 2 years ago.
Kim,

Thank you for entrusting me to answer your question.

An individual in this circumstance can apply to the Superior Court for a judgment lien to enforce the judgment from the DLSE. Once the judgment lien is on file, the court will have authority to seize your former employer's assets to satisfy your judgment.

The form to file a judgment lein can be found here: http://www.ss.ca.gov/business/ucc/ra_9_jl1_barcode.pdf

See here for more information regarding judgment leins: http://law.scu.edu/FacWebPage/Neustadter/sdbook/main/commentary/5.html

If this individual is now working for another company themselves, you can also apply for a court order to garnish their wages, meaning any time they are paid a portion of their paycheck will go toward satisfying your award.

Very often, a simple, sternly worded letter to the employer EXPLAINING thee various options at your disposal will be enough to coerce them into paying you. It may be wise to attempt this as the first course of action.

I sincerely XXXXX XXXXX this information helps you and I wish you the best.

My greatest concern is that you are satisfied with the answer I provide, so please do not hesitate to contact me with follow-up questions. Although I cannot always provide good news, I hope that my answer gives you a better understanding of the law and your rights so that you can obtain the best possible result under the circumstances. Also, please bear in mind that experts are not credited for unaccepted answers, so I greatly appreciate you taking the time to "accept" my answer and leave positive feedback.

Finally, none of the above constitutes legal advice nor is any attorney client relationship created between us.
Patrick, Esq., Lawyer
Satisfied Customers: 6691
Experience: Significant experience in all areas of employment law.
Patrick, Esq. and 2 other California Employment Law Specialists are ready to help you

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