Legal Question in Civil Litigation in Florida

Did not get paid from employer

I worked for a small one owner company. I left a job late February 01. I have not been paid my sales commission for Jan or Feb 01 and he owes me for 2 weeks of vacation that I did not take because he ''needed'' me at the office. I have called and stopped by for payment many times. Now the business is shut down, and his house is for sale. How can I get paid? Can I put a lien on his home?

Thank you.


Asked on 5/25/01, 12:02 pm

1 Answer from Attorneys

Stephen Verbit Stephen R. Verbit, P.A.

Re: Did not get paid from employer

If your former employer will not pay you voluntarily, you may have no choice but to file a lawsuit against him to recover your money. If you obtain a judgment and record a certified copy of it in the public records of the county where his house is located, the judgment will form a lien on his house. However, if he lives in the house, it would be exempt from the lien of your judgment as homestead property. However, if you can get the judgment duly recorded before he transfers title to the house to a purchaser, he may be forced to pay you to clear the judgment lien off the title. If he sells the house, you might be able to enforce your judgment against the proceeds of the sale. The judgment would be a lien against any other real property he owns or purchases, however. Of course, he will still be personally liable regardless. It sounds like you have limited time. Take action quickly.

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Answered on 6/25/01, 11:21 am


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