#JudgementForUnpaidWages #LLCDebtorsRefuseToPay #UnpaidWagesLawsuit
If you’ve obtained a judgment for unpaid wages against an LLC and the debtors are still refusing to pay, you may feel frustrated and unsure of what to do next. It’s important to know that you have options for enforcing the judgment and ensuring that you receive the money you are owed. Here’s what you need to do next:
Understanding Your Rights and Options
First and foremost, it’s crucial to understand your rights as a judgment creditor and the options available to you for collecting the unpaid wages. While the LLC debtors may currently be refusing to pay, there are legal measures you can take to enforce the judgment. Some of the options available to you may include:
Wage Garnishment – This allows you to collect a portion of the debtor’s wages directly from their employer.
Bank Levy – This involves seizing funds from the debtor’s bank account to satisfy the judgment.
Property Lien – Placing a lien on the debtor’s property, such as real estate or vehicles, can prevent them from selling or transferring ownership until the judgment is satisfied.
These are just a few examples of the enforcement mechanisms available to judgment creditors. It’s important to consult with an attorney to determine the best course of action for your specific situation.
Enforcing the Judgment
Once you have a clear understanding of your rights and options, you can take steps to enforce the judgment and collect the unpaid wages. Here’s a breakdown of the enforcement process:
1. Send a Demand Letter
Before initiating legal enforcement measures, you may choose to send a demand letter to the LLC debtors, formally requesting payment of the judgment. This letter should clearly outline the amount owed, the judgment details, and a deadline for payment. In many cases, the threat of legal action outlined in the demand letter prompts debtors to comply with the judgment.
2. Wage Garnishment
If the LLC debtors fail to respond to the demand letter or refuse to pay, you can pursue wage garnishment as a means of collecting the unpaid wages. This involves obtaining an order from the court to deduct a portion of the debtor’s wages directly from their paycheck until the judgment is satisfied.
3. Bank Levy
Another option for enforcing the judgment is to pursue a bank levy, which allows you to seize funds from the debtor’s bank account to satisfy the unpaid wages. This enforcement measure can be an effective way to collect the judgment, especially if the debtor has significant funds in their bank account.
4. Property Lien
In cases where the LLC debtors own real estate or other valuable property, you may consider placing a lien on their assets to secure the judgment. This prevents the debtor from selling or transferring ownership of the property until the judgment is satisfied.
Consulting with an Attorney
Navigating the enforcement of a judgment can be complex, and it’s essential to seek guidance from an experienced attorney with expertise in labor and employment law. An attorney can review your case, advise you on the best enforcement options, and represent your interests in court if necessary.
Additionally, an attorney can ensure that all legal procedures are followed correctly, helping to maximize the likelihood of successfully collecting the unpaid wages owed to you.
Conclusion
Obtaining a judgment for unpaid wages is a significant victory, but it’s also just the first step in the process of actually receiving the money you are owed. If the LLC debtors continue to refuse payment, you have legal options available to enforce the judgment and collect the unpaid wages. By understanding your rights, exploring enforcement measures, and consulting with an attorney, you can take proactive steps to ensure that the judgment is satisfied and you receive the compensation you rightfully deserve.
You need to find their assets, and seize them. Find their bank account, levy it, etc. Where are they located, where are you? Did you sue just the LLC, or the individuals in it?
Since they are your previous employers find one of your old pay stubs which should have their bank account. Garnish/levy it.
Collection process varies by location. Where are you?
What state are you in? Typically, you can levy their bank accounts or have the Sheriff start confiscating their assets.
Judgments are executed by the Sheriff, who can seize and sell property of the debtor. Talk to your Sheriff’s office about the procedure for executing on a judgment. It’s not hard.
Lawyer here. Not your lawyer. This is not legal advice. Nevada based. Here in my jurisdiction, I would probably notice up an examination of judgment Debtor. I would request them to provide all of their financials (bank statements, tax returns, etc.). If they don’t provide that information, I would bring it in front of a judge for contempt proceedings. Once I received the financials, I would garnish the LLCs accounts to pay the judgment. If they have cleaned out the account(s), I would go after the owners for fraudulent transfer of the LLCs assets. In order to enforce judgments here, we prepare writs of garnishment that our local constable uses to seize judgment Debtor assets to satisfy the debt.