Legal Question in Employment Law in California
How Do I Collect a judgement against a former employer?
At the end of 2001, I filed a complaint with the California labor board against an employer that owed me approximately $10,000. I went through the hearing process (my ex-employer never showed up), and was awarded over $19,000. I have been told that I can either allow the Franchise Tax Board to pursue the ex-employer, or I can do it myself.
First of all, which is the better option?
Second, if I decide to go after them myself, how do I go about collecting the money which I am owed? I may be naive, but if a court has found that they owe me money, shouldn't they be put out of business (By the way, they are incorporated)? I know that they are not going to willingly write me a check for the entire amount of the verdict, so I need to know what to do next to make sure that I am paid what I am owed.
Please help!
3 Answers from Attorneys
Re: How Do I Collect a judgement against a former employer?
I would need additional information to determine the best recourse for attempting collection. You have stated that the company is incorporated, but the real question is, does the company have any money? If you would like further assistance, please email or call.
J.E.B. Pickett
Righetti Wynne
456 Montgomery Street, 14th fl.
San Francisco, CA 94104
(800) 447-5549
(415) 993-0900
Re: How Do I Collect a judgement against a former employer?
-I would need some further information before telling you which would be the best way to proceed. However, the Franchise Tax board might be the easiest.
-You should also be aware that you may be entitled to additional damages for willful failure to pay.
-Please feel free to contact me at 805/641-6600 if you wish further assistance.
Re: How Do I Collect a judgement against a former employer?
I don't know who told you the Franchise Board would collect for you; You might actually check with them to see what they tell you, but I don't believe they do such things unless they were the ones to bring the action for their own reasons. You are responsible for collecting your own judgment through the courts, and the court doesn't help or give advice either. If you don't know how to do all the court paperwork and processes, you need to have someone do it for you. Please call if you are interested, and if the company is still in business and has enough money to pay your judgment. 714-960-7584
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