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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4821
Experience:  Extensive experience representing employees and management
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Joseph, Exploring my options etc. If the judgement gets somehow

Resolved Question:

Joseph,
Exploring my options etc. If the judgement gets somehow transferred to Texas and I have no traditional wages since I am self employed how can Texas garnish my wages? Or say hypothetically I have moved to say Arizona once the judgement goes thru and is moved to Texas what happens next?
Submitted: 11 months ago.
Category: California Employment Law
Expert:  Joseph replied 11 months ago.

Hello Jeff

 

, If you are self-employed, then you don't have any wages that could be garnished in Texas.

 

However, the courts could theoretically seize your assets or go after your bank account to collect on the judgment. The same would be true whether you live in Arizona or Texas.

 

If the judgment is domesticated in Texas and you are in Arizona by the time it is is domesticated, then it would need to be transferred to Arizona before any collection efforts could take place.

Customer: replied 11 months ago.
Gotcha.. What would it cost hypothetically to transfer a judgement from Pr to Texas? If hiring a lawyer?
Expert:  Joseph replied 11 months ago.
It would probably be at least a thousand dollars.
Joseph, Lawyer
Satisfied Customers: 4821
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you
Customer: replied 11 months ago.
Do you know any one that can draft a sales contract for my business in puerto Rico? I am having a crazy hard time finding someone!
Expert:  Joseph replied 11 months ago.
No, unfortunately, I don't know of anyone who could do that, and it would go beyond the scope of what I can do here since it would cross over into legal representation.

However, there are some online services that will help you create a contract.

www.rocketlawyer.com

Which offers a free trial membership, so you can get the contract written there for free.

or

www.legalzoom.com

If you do want to hire an attorney, I can only recommend some sites:

www.lawyers.com

www.avvo.com

and

www.martindale.com

Joseph, Lawyer
Satisfied Customers: 4821
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you
Customer: replied 11 months ago.
Sorry for the 2 billion questions!
Another incident has come up from the pissed off employee .

She is calling all of the ex work exchange people up ( people that traded 4 hours a day for lodging ) and telling them that they are entitled to "compensation" so I have begun to get emails from ex employees.

1st question: I am having a cease and desist letter drafted to be sent to her telling her to stop talking or legal action will be taken and including in the letter the fact that we will sue her in superior court for the gross negligence ( the birthday and bad reviews/ lost revenue).
Is this the best action to take?

Also what do you recommend I do with the people emailing me with there hand out?
Evidently Pr has a weird law etc that you cant include lodging as compensation even thou all of these ex work exchange people agreed to this.

Should I respond offering a small sum of $ if they sign a contract saying that they have been fully compensated etc? Or what do you recommend?
Expert:  Joseph replied 11 months ago.
Hello Jeff,

Sorry to hear about the additional problems this unruly ex-employee is causing for you.

1) Yes, that definitely could dissuade her from continuing to contact ex-work and exchange people in order to stir up more complaints against the business. However, it's important to note that her actions of informing other ex-employees about the law is not actually illegal. But you can still try a cease and desist letter to see if that works, and combine that with a notification that you will be pursuing a cause of action against her for gross negligence.

2) If you do want to avoid future potential liability, you can write them letters offering them money (a settlement amount) that they would receive and accept in exchange for waiving any and all claims that they have against you. While you could start out with a small amount of money as an offer, you may have to raise the amount if the employees believe they could get a much greater recovery by filing wage claims against the business.

As always, please let me know if you have any follow up or clarifying questions.

Thanks and best of luck!

Also, assuming it was illegal to exchange free rooms for services, since you were giving them free rent, you may be able to counterclaim that amount, either with the labor board or through small claims suits for unpaid rent.

Customer: replied 11 months ago.
thanks, XXXXX XXXXX what it cost to file a small claim for "unpaid rent" in puerto Rico small claims court?
And I guess in the "settlement agreement" I can mention that I can and will file this claim for unpaid rent if an agreement can't be met? And should I also mention that the odds of receiveing and or collecting any settlement thru the work commission since I am not a resident is highly unlikely?
Expert:  Joseph replied 11 months ago.
Hello Jeff,

Unfortunately, that information seems to not be available on the web, but it would be at most, $50, and is probably less.

You definitely can mention the claim for unpaid rent. I would highly recommend you don't make any statement that they won't be able to collect on the settlement through the work commission.

That letter could be shown to the work commission, who would definitely not be inclined to view you favorably, when you are hinting that you will not pay any judgments made against you by them. That could also potentially give your ex-employees ideas of filing against you in Texas, etc., which you also don't want.

Joseph, Lawyer
Satisfied Customers: 4821
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you
Customer: replied 11 months ago.

ok, my main concern now is these "judgments" effecting the new owner of the business which will be taking over Nov 1st.. how can these "judgments" effect them?


 


also when say suing someone in small claims court.. is it that easy? you just pay the $50 then fill out a form and wait? or is there more involved? like more fees or do I need to show up etc? and do I need to confirm with a Puerto rican lawyer that i can actually so this?

Expert:  Joseph replied 11 months ago.
The judgments would create liabilities for the business and would mean that the new business owner will more than likely have to pay the judgments that are made against the business.

A change of owners will likely not be considered sufficient to divest the current owner of the business' past liabilities for wage claims.

If they are unpaid, certain assets of the business (in long run) could eventually have a lien put on them and/or seized to satisfy the judgments against the business.

Honestly, I am not familiar with small claims courts in Puerto Rico, but either you or a representative of the business, or a lawyer would definitely need to be present at the hearing. You would need to present records of the time that the ex-employees lived for free and the amount of rent that would be owed due to them not paying.

I would definitely advise that you speak with a Puerto Rican lawyer about filing small claims cases, as well as your concerns for the business' liability after the new owner takes over. But, in the vast majority of instances, changes of ownership will not eliminate the business' past liabilities. Only bankruptcy would actually potentially accomplish eliminating the liability for these wage claims.

For instance, if a business owed a loan taken out by the previous owner, if the business is bought by a new owner, the owner not only gets the business but the liability and responsibility for the loan. The same goes with judgments against the business.
Joseph, Lawyer
Satisfied Customers: 4821
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you

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