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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 28778
Experience:  Former judicial law clerk, lawyer
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I was employed by a US company, listed on the OTC market.

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I was employed by a US company, listed on the OTC market. They have not paid my salary for several months and now owe me c$100,000 under contract. There are assets, but no working capital. What can be done?
Many thanks,
Brian XXX
XXX
Hi Brian, I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation. You can file a lawsuit in the state where the company is located, asking a judge to order them to pay you the money you're owed. Look at your contract to see if it says, when there's a dispute, the prevailing party is entitled to attorney's fees. If it does, they may have to reimburse you if you decide to hire a lawyer (and when you're talking about that much money, it's a good idea to have one). And having a US lawyer may help you reduce trips to the US during the course of the lawsuit. Once you have a judgment, you can put a lien on assets. Things like real estate, equipment, and motor vehicles can be sold to pay what they owe you. Money can be swept from their bank accounts. A lawyer can help you do that, too. If you prefer to avoid court, you can try sending a demand letter, via certified or registered mail, giving them one last opportunity to pay you before going to court. Usually, a demand letter contains a firm deadline for action, so if they don't reply, you know you can go ahead and prepare your lawsuit. If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.
Customer: replied 1 year ago.

Thank you for the reply. I am a UK resident and citizen. What would the cost of filing a law suit in Delaware and lawyers fees be circa, as attorneys fees would be for my account. Unless under US law I can claim them even if not in the contract of employment? How do I find the right attorney to do this for me?

Many thanks

US law unfortunately does not allow a person to claim attorney's fees if the contract doesn't provide for them. Attorney's fees vary greatly depending on several factors - we unfortunately cannot provide you a quote. That's something that would require speaking to the attorney you'd like to hire and getting a full case evaluation. But it could be at least a few thousand dollars, more if you go to trial. A good place to find a lawyer is www.martindale.com, because they often have reviews from former clients. The filing fees are usually a few hundred dollars or so, but it varies by county. Most counties post this information online, so if you check the website for where you intend to file (which should be where the company has it's main office), that will give you the most up-to-date figure.
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