Legal Question in Business Law in Louisiana
Company folded, last weeks salary not paid
Five month employment with Texas based company, company folded.
The company provided me with a truck for job use. They have not paid me $3500.00 they owe me. (6 months)
I still have possesion of the truck.
Is it legal to hold the property until the debt is setteled?
What legal recourse do I have to collect the debt?
2 Answers from Attorneys
Re: Company folded, last weeks salary not paid
You need to file suit for back wages, penalties and attorney fees, AND include the seizure of the truck. However, understand that there is probably a mortgage company or other creditor that has a mortgage on that truck, which would probably put them first in line to seize the truck.
Re: Company folded, last weeks salary not paid
Your remedy is to file a claim for wages under Louisiana's Wage Payment statute. In addition to the wages you are owed, you may also be entitled to penalties and attorney's fees. Legally, I don't think you can keep the truck (if the company has asked you to return it) as it is not your property. If you prevail on your wage claim, however, you may be able to seize the truck to satisfy the judgment.
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