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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 99459
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I started work about 6 months ago as a contractor for this

Customer Question

I started work about 6 months ago as a contractor for this company. They had payroll problems and for a while we only got paid once every 3 weeks. We were suppose to be ok now. I haven't received a check since August 8. I called and was told the once sent on 25tb had been cashed and the on the 10th was lost but they stopped it and am resisting me a new one. The one that was cAshed they are accusing me of cashing it because the signature looks similar. I don't remember cashing this check I hD been in a car accident a week or so earlier but I remember everything fine. How long shod I wait before I take them to an claim court since they are stalling to replace the first check. They say they cAlled the bank and the bank is looking into it. Aren't they obligated to give me a new check if it was lost and someone else tried to cAsh it why do I have to wait and why are they accusing me of trying to get a second check from them. What can I do to protect myself
Submitted: 1 month ago.
Category: Legal
Expert:  Ely replied 1 month ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. There is no standard for how long one can wait before taking a party to court for debt owed, and therefore someone in your situation does not have to wait. You can if you want to, and/or send them a "final" demand letter and give them - oh, say - 7 to 10 days to send the check or else they would be liable legally.

If they still do not pay, someone in your situation can file a wage claim with the Texas Workforce Commission - see HERE. Or else, you can file a private suit. The difference is that the TWC is an arbitration forum before an administrative arbiter while the lawsuit is a suit in a court of law. If you choose to do this under TWC, then you have 180 days to do so from the date the payment was due. Alternatively, the statute of limitations for a lawsuit is 4 years.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.