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Delta-Lawyer, Lawyer
Category: Employment Law
Satisfied Customers: 3546
Experience:  In-House Counsel & Litigator
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Im a 1099 sub contractor sales representative current

Customer Question

Im a 1099 sub contractor sales representative current employer has refuse to pay me not only my weekly base and expenses alao commissions earned on projects sold.
Can I file liens on the property being serviced for the commissioned due?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Delta-Lawyer replied 1 year ago.

As a sales representative, you do not have the statutory ability to attach liens in the same way an auto mechanic or plumber would be able to do without order of the court. As such, unfortunately, you are going to have to get a court order against the employer for what you are owed, which means you are going to have to sue them for what is owed to you currently. Depending on the amount, you may be able to handle this in small claims court. There are limits on how much a small claims court can award.

Once you have the order in hand, if the employer still refuses to pay, you can petition the court to place a lien or liens on any property that is owned by the employer. However, you have to go through the litigation process to get to this point.

Let me know if you have any other questions.

Please also rate my answer positively.

Best wishes going forward!

Expert:  Delta-Lawyer replied 1 year ago.

Did you have any other questions or comments on this matter? I want you to be as comfortable as possible as you move forward.