Previous Employer Withholding Paycheck

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TheDL

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So this is a bit of a long story...

I am a freelance graphic artist. For one year and three months I have been (until the 20th of July this year) working as an independantly contracted art director for a magazine in Orange County, CA. The publisher of the magazine is the owner and sole proprietor of the operation, however, his direct involvment was zero, he is a drug addict.

The face of the magazine was the editor in chief and the managing editor. The editor in chief was also a signer on the bank account. He was for all intensive purpouses my direct superior, and the guy who signed my checks.

Both of the editors, without my knowing, had been planing to walk away from the magazine. In short, they were fed with dealing with the publisher behind the scenes. The IRS is after the publisher, as well as local law enforcement, to my knowledge he is wanted on two counts of felony DUI and breaking his parole.

In the beginning of July the editor in chief told me that they were leaving the magazine, but we would work the rest of the month like usual to finish the august issue. The issue was completed as it usually was and was delivered to the printer to start the proofing process. At this time I was given my paycheck for the month of July, totaling 5,500 dollars. I deposited it into my banks ATM, which in hindsight was a huge mistake. Both the editors took their checks directly to the magazine's bank, and got cash, which they deposited into their own bank accounts.

Also at this time, the publisher found out about the editors leaving. He froze his bank accounts, and my check was held by my bank. At this point the editor in chief was still a signer on the bank account, he gave authorization to the magazine's bank to cash my check in person, however I still had to wait for my check to be returned to me, by the time I had it back in my possession, the publisher had closed his bank accounts all together.

I have had limited success in contacting the publisher. He is currently hiding somewhere in LA, as he is wanted by the cops and the IRS. I have spoken with the publishers father, who seems to know way to many details about what is going on to not know where his son is hiding. I want to file suit against the publisher but I don't even know where to begin, small claims is for amounts under 5,000? I'm owed 5,500. Both of the editors have told me they will testify on my behalf, that I did the all the work that was required of me for the production of the last issue.

How do I serve someone notice if they are hiding? Should I get in-contact with law enforcement, and the IRS and inform them of the situation?
Any help would be MUCH appreciated!

Thanks for your time!

David
 
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