Comment by paulie_a
8 years ago
How do you think you will enforce that contract? Hire a lawyer? You might as well go to the ATM grab as much cash as you possible. Then put it all in a garbage can and light a match. It will be far less costly and more productive then attempting pursue that contract.
Sue in small claims court for week 1. Win. Obtain judgment. File lien against company assets. Sue in small claims court for week 2. Win. Obtain judgment. File lien against company assets. Repeat as necessary. Offer settlement in return for not suing anymore.
Is this just wishful thinking that, if something went wrong with your paycheck, the world would be just and there would be an easy legal remedy waiting for you?
From what I understand, you can only sue for $1000 or less in small claims court. An IT contractor who is making $1000 or less per week has bigger problems.
I have good news for you: the small claims limit varies by state and, according to data from this website[1], the average upper limit is $8K (median is $6K, with the lowest being $2.5K).
[1] https://www.nolo.com/legal-encyclopedia/small-claims-suits-h...
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Separate claim for each lost day then.
Or has been done in the UK send bailiffs to the company head office :-)
Of course you'd shop around for the Bailiff company with the worse reputation and get them to send the lads who moonlight at that dodgy night club as Bouncers.
In reality it would be: spend court fees..sue in small claims court. Win. Good luck collecting in many cases. Filing for a lien? Good luck with that pointless venture...
Once you have a judgement, you contact the Sheriff to help you collect. With a judgement, you are able to take things from them in order to make your judgement. Usually once that actually starts happening, the company will cut you a check pretty quick.
In most states, the fee to file in small claims is somewhere between $30-$100. Filing for a lien with the local sheriff is another $100 or so. Well worth it for 3 weeks wages.
Cant you send in bailiffs in to recover the costs?
I don't know, does US not have a small claims court? In UK you'd pay £90 to file a case, you'd get a judgement in about a week and the company would be ordered to pay. Like I really don't understand this entire issue. Did he even ask HR to be compensated for this time? I feel like the whole article is missing some crucial information.
Yes, the US has small claims courts. They are run at the state/county level, so fees and maximum recovery values vary. Fees generally run $30-$100 and max. recovery somewhere around $5k. After winning a case, filing a lien with the sheriff is another $100 or so.