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Question

Retired handycaped brother working side job for paint contractor only got paid about 10 times, been working for contractor about a year owes brother $1300. Will not pay, also recieved tax form stating that contractor paid my brother $23,000.00 last year. He may have been paid around $7,000 at the most. What can be done about the tax situation? I understand the procedure i must go through to get the money owed. I don't know which way i should go to collect, small claims court or labor lien.

Submitted: 293 days and 21 hours ago.
Category: Employment Law
Value: $15
Status: CLOSED
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auburn, Alabama

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nothing, just getting started with this problem

Accepted Answer

I would file the labor lien, since it carries more clout against the company and you can then ask the court for an order to collect it by seizing company bank accounts and such. As far as the tax form, if this amount is not correct, you need to dispute this with the employer and demand proof of the payments to your brother in writing and if he refuses to provide them, then you would have to demand them in court as part of your suit, which cannot then be in small claims court because you would need an order from the court to correct the tax form and small claims does not have that jurisdiction (they can only award money).

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Expert: PaulMJD
Pos. Feedback: 99.5 %
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Answered: 2/2/2009

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20+ Years of Employment Law Experience

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