Employer wont pay

N

ncis

New Member
Jurisdiction
Texas
We are suing. We want to settle and be done with this. She owes us for remodeling and Personal assisting. She has lied on every Workforce commission document. We have proof. Over 4000 text showing she is now lying from what the agreement actually was. Workforce commission says this has timed out that this is civil; sue her because time with them has expired "it'll be a slam dunk. She thinks you're going away". Should we show her everything we have proving she's lying to force a settlement?. All in her own words or should we hold on to that information till/if we get an attorney? We want to settle just to be done.
 
ncis said:
Should we show her everything we have proving she's lying to force a settlement?
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Would you sow another player on a poker table your hand to stop him from raising?

Never talk to the enemy.
Never show the enemy your hole cards.

You have proof, show it to the judge.

By the way, even IF you prevail in court, that doesn't mean you'll ever collect one dollar of your judgment.
 
army judge said:
Would you sow another player on a poker table your hand to stop him from raising?

Never talk to the enemy.
Never show the enemy your hole cards.

You have proof, show it to the judge.

By the way, even IF you prevail in court, that doesn't mean you'll ever collect one dollar of your judgment.
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What if I'm trying to settle? This is not a small amount she owes me. $30,000. I'm not able right now to pay an attorney a $10,000 retainer to take the case because I'm owed so much. Or is this the kind of case where an attorney will take based on what we get from her?
 
ncis said:
What if I'm trying to settle? This is not a small amount she owes me. $30,000. I'm not able right now to pay an attorney a $10,000 retainer to take the case because I'm owed so much. Or is this the kind of case where an attorney will take based on what we get from her?
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I don't know any attorneys that would take a case like yours on contingency.

Why?

Even if you sue her in district court, collecting against the judgment is still difficult.

I can't advise you how to proceed, other than to try and level your expectations.
 
army judge said:
I don't know any attorneys that would take a case like yours on contingency.

Why?

Even if you sue her in district court, collecting against the judgment is still difficult.

I can't advise you how to proceed, other than to try and level your expectations.
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Do they just refuse to pay if they lose? I remodeled two of her properties. They are valued over $3.4M each. I've also found that she's done this before. I don't know yet the outcome of that one tho.
 
I guess this is "ppk" from down the street. You've been given answers for two days that I suppose you didn't like so you figured you'd try here. Well, it won't be any different here.
 
I've gotten very good advise I feel. I was advised to deduct the fact that she's an attorney and see what advise I get.
 
ncis said:
Do they just refuse to pay if they lose? I remodeled two of her properties. They are valued over $3.4M each. I've also found that she's done this before. I don't know yet the outcome of that one tho.
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Yes, many defendants are quite clever.

They know how to conceal assets.

In Texas, we are protected by the Homestead Act.

If you are sued, a great deal of property is protected from seizure or from being levied against to satisfy a judgment.

If you were a tradesman, contractor, builder, etc... You have a remedy available to you.

A statutory mechanic's lien may be asserted, by general contractors, subcontractors, materialmen, mechanics, or artisans.

A Texas mechanics lien that is filed with regard to work performed on privately owned property attaches to and encumbers the fee simple ownership of the property.

You can file a contractors/mechanics/tradesman's lien against her homes where you worked and were NOT paid.

Trust me, a lien filed against her property will get her attention PRONTO.

A lien against a seven figure home gets rapid attention and an almost immediate response.

I'm surprised you didn't know about this easy, cheap remedy to get a deadbeat to discuss payment arrangements.

Read this to learn about the process:

How To File a Texas Mechanics Lien | Free Forms

Texas Construction Lien Law – Construction Liens

Texas Mechanic's and Materialmen's Liens: A Guide for Self-Employed Contractors and Construction Workers

https://www.porterhedges.com/portalresource/2014.01.23 Construction Lien Law in Texas


......................................
 
I have read this thread on two different posts and it is unclear to me what it is that the OP believes is owed. She speaks of an employer - so did she work for this attorney and it's unpaid wages? But then she also speaks of remodeling - is she a contractor that remodeled the house? If so, how does the Workforce Commission come into it - they deal with employees, not ICs. And the OP talked about texts and phone messages at great length "down the street" - where does that come into it?

I am not saying that money isn't owed; just asking for clarification on how the amount was arrived at.
 
army judge said:
Yes, many defendants are quite clever.

They know how to conceal assets.

In Texas, we are protected by the Homestead Act.

If you are sued, a great deal of property is protected from seizure or from being levied against to satisfy a judgment.

If you were a tradesman, contractor, builder, etc... You have a remedy available to you.

A statutory mechanic's lien may be asserted, by general contractors, subcontractors, materialmen, mechanics, or artisans.

A Texas mechanics lien that is filed with regard to work performed on privately owned property attaches to and encumbers the fee simple ownership of the property.

You can file a contractors/mechanics/tradesman's lien against her homes where you worked and were NOT paid.

Trust me, a lien filed against her property will get her attention PRONTO.

A lien against a seven figure home gets rapid attention and an almost immediate response.

I'm surprised you didn't know about this easy, cheap remedy to get a deadbeat to discuss payment arrangements.

Read this to learn about the process:

How To File a Texas Mechanics Lien | Free Forms

Texas Construction Lien Law – Construction Liens

Texas Mechanic's and Materialmen's Liens: A Guide for Self-Employed Contractors and Construction Workers

https://www.porterhedges.com/portalresource/2014.01.23 Construction Lien Law in Texas


......................................
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I filed a mechanic's lien. She evidently purchased a bond of some kind. Can't remember the name of it. Surly shurley Bond. Think it's where she can sell the property (and has) and if anything happens with the lien the people who bought the home are clear but she'd be liable.
 
adjusterjack said:
Nothing.

You have no leverage if you aren't willing and able to sue.

People who own $2.4M properties don't succumb to threats of a lawsuit.

It doesn't cost her a nickel to ignore you.
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Yeah, I understand I'm kind of backed into a corner. That's why I was asking on this site, not saying she's an attorney. See if the advise would change; me thinking maybe attorneys will just stand up for other attorneys. But it's fairly consistent. This lady has done some not so great things. Things that would get her suspended or worse. That's not what I'm wanting. The workforce commission called earlier has opened up a portion of my partners case. Assistant. Say now a portion does fall in their time line. That's a third of the $40K. Maybe know if we each drop our balance below $9999.99 can we then go to small claims at the JP court.
 
ncis said:
Maybe know if we each drop our balance below $9999.99 can we then go to small claims at the JP court.
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You can sue in small claims, but your recovery is maxed out at $10,000.

If there are two people she owes, you each can potentially recover $10K.

If there are four people, you individually can recover $10 K or $40 K between all four.

Remember, you don't walk out with money.

You receive a judgment that says she owes you.

Then you endeavor to collect the loot.



Assuming each person can prove their damages.
 
army judge said:
You can sue in small claims, but your recovery is maxed out at $10,000.

If there are two people she owes, you each can potentially recover $10K.

If there are four people, you individually can recover $10 K or $40 K between all four.

Remember, you don't walk out with money.

You receive a judgment that says she owes you.

Then you endeavor to collect the loot.



Assuming each person can prove their damages.
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Well heck. Guess I should stop paying my bills. Workforce had better news so we'll see.
 
Am not an attorney but I like the idea of getting small claims judgement s for each person who provided goods and services. I just got a check for a judgement from about 7 years ago. I had turned it over to a national debt collector. They had it entered in the credit reporting agencies. Apparently the debtor needed to clear it off their credit report. Even wealthy people may need a clean credit report some day. Also if you can find any non protected real estate owned , you can get an execution of the judgement to sell it at auction by the sheriff, in my state.

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