I had filed a claim with the Texas dept of labor against a former employee who did not give me my last pay check and deducted $500 with out my permission from another check. The labor dept agreed with me and said they were both owed to me, but they closed the bank acct and aren't in business in texas but they are in Florida. I have since moved to Wa state, can I take them to small claims court or can I have a lein put on their properties and can I have an attorney in WA state represent me or does have to be an attorney from Texas? Is there a statue of limitation on how long I have to pursue this?
2 Answers from Attorneys
Re: back wages
You would need to pursue this matter in Texas with a Texas attorney. You can probably also pursue them on your own in a Texas small claims court, but a Texas attorney would be able to confirm that for you. (Repost this question specifying Texas law.) Texas law would also govern whether you can put a lien on their property. There is almost surely a statute of limitations, but as you might guess, that is also governed by Texas law.
Re: back wages
The cost and effort for you to get back $500.00 is just not worth it. You should let it go.
If you just can't or won't, you could file against them in Small Claims Court in Texas, and then enforce the judgment in Florida.
Or you could go against them in federal court, but that may not be possible.
I have no idea what the statute of limitations is in states other than WA.