What do I do if my employer is holding my pay. He owes me $7000.00.

Hello,

Where are you located? If you already answered this in the Additional info, for some reason we cant see it until we post.

Thanks.

Matt

Ok, I see you are in Georgia. Under Georgia law, you can file a claim in Magistrate Court (Small Claims) for amounts up to $15,000.00

You may file a claim in magistrate court in your own name without an attorney, or you may hire an attorney at your expense. Magistrate court cases are heard and decided by a judge without a jury. In some counties, mediation is recommended or required before a judge will hear the case.

The plaintiff must file a sworn statement with the clerk of the appropriate magistrate court, describing the charges made by the plaintiff against the defendant. This statement is called a statement of claim, or a claim. The statement of claim should include the following:

• The complete name, address and phone number of the plaintiff (and his attorney, if he has one.)
• The complete name and street address of the defendant.
• The damages, or the amount of money or property the plaintiff is seeking.
• A brief statement explaining why the defendant is being sued, including the date(s) of the underlying incident(s).
• Copies of all relevant documents, such as contracts, receipts and canceled checks. (Keep the original documents for your files.)

If the defendant is a person, the claim must be filed in the county where the defendant lives.

If the defendant is a corporation, the claim must be filed in the county of the registered agent for the company. Contact the Corporations Division of the Secretary of State at(NNN) NNN-NNNNto find out whether a business is a corporation and, if so, the name and address of its registered agent.

If the defendant is an unincorporated business, the claim must be filed in the county where the business is physically located.

At the time of filing, the plaintiff must pay a filing fee, which includes the charge to serve one defendant. This fee varies by county and can range from approximately $45 to $55. An extra charge for service for any additional defendants usually ranges from $25 to $35 per defendant.

The clerk of the magistrate court can help the plaintiff complete the necessary forms but cannot give any legal advice, such as whom to sue or whether or not the plaintiff will win.

REMEMBER, the plaintiff must prove to the judge that he is entitled to receive compensation from the defendant.

After the claim has been filed, the magistrate court will serve (notify) the defendant with a copy of the claim and a summons to appear in court.

The defendant has 30 days, in most cases, to give the court a written or oral answer to the claim. If the defendant fails to answer within this time, the plaintiff can ask the judge for a default judgment.

The defendant may file a counterclaim against the plaintiff, if the counterclaim is related to the plaintiff's original charge and the defendant's total monetary claims are also less than $15,000. Counterclaims are usually heard at the same time as the plaintiff's claims. If the judge rules in the defendant's favor on a counterclaim, the defendant may collect damages from the plaintiff.

Thanks.

Matt

My ultimate goal is your satisfaction. I hope you have a better understanding of your legal issue as a result of my comments. I am sorry if the answer is not what you would prefer, but as you know, sometimes the correct answer is good news, other times bad. If the information given in fact answered your question please click the GREEN "ACCEPT" button NOW, so that I receive credit for my work. If you need additional clarification on this question afterward clicking ACCEPT, don't hesitate to click "Reply" and I will be happy to help you. Please give me as much detail as you can so that I can respond after receiving all the relevant details. If you would like to have me help with further questions, you can request me personally in your question caption. Thank you for your consideration.

The information given here is not legal advice. As all states have different intricacies in their laws, the information given is general only. I am neither establishing nor accepting an attorney-client relationship with you.

Your sworn statement along with any written work schedule detailing what duties you performed along with the dates and times should give you a good start. Past pay stubs the evidence your normal pay rate would also be admissable as evidence. Since they haven't sent you anything for the amount owed, you can't really be expected to be able to provide that. They will have to appear and convince the judge, based on your statements and evidence that they do not owe you the money.

What type work is it?

You could also put in a discovery request for any payroll information that the employer may have on you and the judge will order them to provide it to you. The fact that they said they don't have money to pay you doesn't let them off the hook.

If they know they owe you, and it sounds like they do, they will likely contact you after you file and try to work something out without going to court as they will be liable for any fees or attorney costs (if you hire one) in addition to the money they owe you.

Thanks.

Matt

My ultimate goal is your satisfaction. I hope you have a better understanding of your legal issue as a result of my comments. I am sorry if the answer is not what you would prefer, but as you know, sometimes the correct answer is good news, other times bad. If the information given in fact answered your question please click the GREEN "ACCEPT" button NOW, so that I receive credit for my work. If you need additional clarification on this question afterward clicking ACCEPT, don't hesitate to click "Reply" and I will be happy to help you. Please give me as much detail as you can so that I can respond after receiving all the relevant details. If you would like to have me help with further questions, you can request me personally in your question caption. Thank you for your consideration.

The information given here is not legal advice. As all states have different intricacies in their laws, the information given is general only. I am neither establishing nor accepting an attorney-client relationship with you.

If they file for bankruptcy, then you would need to get a judgment as quickly as possible and get it filed so you could get in line with the other creditors who would be attempting to collect debts.

I would file as soon as possible since if they aren't paying staff, they may not be paying others as well and they may be in the process of suing also. The order of people getting paid in a bankruptcy action is determined by who filed claims first. The bad thing is if they file bankruptcy and all the assets are sold and paid out, it is possible that other people will get paid first and the money may run out before it gets to you so it is imperative that you get your suit filed so you can get in line as quickly as possible.

I wish you all the best and hope that you are in the "paid" line if they do file BK.

Thanks.

Matt

My ultimate goal is your satisfaction. I hope you have a better understanding of your legal issue as a result of my comments. I am sorry if the answer is not what you would prefer, but as you know, sometimes the correct answer is good news, other times bad. If the information given in fact answered your question please click the GREEN "ACCEPT" button NOW, so that I receive credit for my work. If you need additional clarification on this question afterward clicking ACCEPT, don't hesitate to click "Reply" and I will be happy to help you. Please give me as much detail as you can so that I can respond after receiving all the relevant details. If you would like to have me help with further questions, you can request me personally in your question caption. Thank you for your consideration.

The information given here is not legal advice. As all states have different intricacies in their laws, the information given is general only. I am neither establishing nor accepting an attorney-client relationship with you.