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Question

Hello, I want to know how I should proceed to get a previous employer to pay outstanding payroll owed. Filled a complaint with dept. of labor and even have a judgement against the previous employer. There are four of us who need to get paid, and the totals are over 30K. Ayaz

Submitted: 20 days and 6 hours ago.
Category: Legal
Value: $18
Status: CLOSED
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Optional Information

State/Country relating to Question: Illinois

Posted by GoLaw 20 days and 6 hours ago.

Info Request

Thank you for using Just Answer. In order to respond to your inquiry, I need some additional information. First, is your former employer still in business (the company, not the individuals who ran it)? Second, who is named as the defendant on the judgment?

20 days and 6 hours ago.

Reply

The company is no longer operating. Both the company and the owner were named as defendants on the judgement. Also they wrote multiple bad checks to over 5 employees over months. Secondly she has a history of doing the same with a previous company.

Posted by GoLaw 20 days and 6 hours ago.

Answer

The fact that the individual was named is good news. Many times, employees only get a judgment against the company, which then goes out of business. Unfortunately, collecting a judgment can be a bit of a pain. The Illinois Judicial System has a very helpful webpage with information on how to collect on your judgment. It sets forth in various methods and how to go about each one. You will also want to make sure that the judgment is filed in any county in which your former employer owns property (simply obtain a memorandum of judgment from the county clerk and file it in the other county).

 

Since there are other employees in your position, you may want to get together and discuss retaining an attorney. Yes, you will receive less in the end (because of attorneys' fees), but you are more likely to get some payment on the judgment.

 

Please let me know if you need additional clarification.

20 days and 6 hours ago.

Reply

Thanks,

I know that we need an attorney, especially since the states attorney's office has been "looking into it" for over 2 years now. Question is that what are the attorney's options - will they be able to file leins on the owner's property, and what if they filed bankruptcy, is employee payroll dismisable?

What kind of attorney are we looking for here?

Posted by GoLaw 20 days and 6 hours ago.

Answer

If you have a judgment, all you need to do is file a copy of it in any county where the employer owns real property - it will immediately become a lien on their property. Then, when the employer goes to sell the property, that lien must be paid off.

 

The wage claims may or may not be dischargeable in a bankruptcy action. This depends on whether the bankruptcy court deems the employer's failure to pay to be fraduleunt. However, wage claims receive a priority. This means that wage claims are paid before most other claims against a bankruptcy estate.

 

As far as the appropriate attorney goes, an attorney specializing in collections may be able to assist you. Alternatively, you may want to contact an attorney who specializes in wage clalims.

 

Good luck.

20 days and 6 hours ago.

Reply

How do I find out where she owns property?

i.e. is there some sort of lookup? I know she owns property in florida, etc.

Accepted Answer

There are a couple of ways to do that. First, many attorneys have access to databases that include property records and can do a search for you. You also can log on to Westlaw or a similar service (their fees can be pricy, however). Second, you can do a background check through one of the online services. This should give you a list of any property. Finally, you can hire a private investigator, who usually would have access to databases of property ownership throughout the country.

 

If you have a general idea of what county the property may be located in, you can try accessing that county's clerk's office to see if you can search the deeds online for free.

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Expert: GoLaw
Pos. Feedback: 100.0 %
Accepts: 
Answered: 11/2/2009

Attorney

Attorney with eight years of experience in business law and landlord-tenant law.

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