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I am owed 4600.00 by my former employer. Can I file a lien ...

Sent to Legal Experts May 31, 2007 3:52 p.m.

I am owed 4600.00 by my former employer. Can I file a lien against one of his trucks?

Optional Information:
Phoenix, Arizona

Already Tried:
Attorney General, County Attorney, US Dept of Labor, Governor, AZ Republic Newspaper, AZ Corp. Commission, All Local TV stations, Justice Courts, Industrial Commission. Problem is he is trying to sell off assets and bury company in bankruptcy. I want to get my $ before he get to the goal. I am trying to see if transportation companies are required to have bonds-like contractors. The Company is incorporated in ND-but operates out of Phoenix. He is selling the assets to a company in Peabody, MA. Sale is not complete.

Customer (name blocked for privacy)

Status: Closed Value: $9

Answer
May 31, 2007 4:13 p.m. (21 minutes and 9 seconds later)

ACCEPTED

First of all, you can do nothing until you file a lawsuit seeking the damages owed. If you prevail, you would be awarded a judgement against the employer. Once you have a judgement, you may use that judghment to levy against the business accounts and assets. that may mean seeking to garnish accounts or to lien assets, assuming the assets are owned by the company.

If the company files bankruptcy, any collection efforts must cease. You would be required to file a proof of claim in the bankruptcy court and you would be treated as one of the creditors. If your claim is for unpaid wages, you would be a priority creditor and would recieve pay before most, if not all,other creditors.

Please click ACCEPT below.

Edited by Lawmoe on May 31 2007 at 4:13pm

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The information provided is general in nature only and should not be construed as legal advice or to create an attorney-client relationship. You should always consult with a lawyer in your state

Lawmoe -- Lawyer (JD) -- 98% Positive Feedback on 2107 Legal Accepts
Lawyer with 16 years of litigation experience in state and federal court systems.

Reply
Sent May 31, 2007 4:30 p.m. (17 minutes and 13 seconds later)

I already knew that as I listed the Justice Courts in my list of things I have already done. But as I stated, he is rapidly forcing the company into bankruptcy and that equates to ZERO in the bankruptcy court.
By the time the civil paperwork makes it thru the court system the sale of assets will be made and there will be nothing to lien.
Looking for quick action to outsmart the profession scam artist.

Customer (name blocked for privacy)

Answer
May 31, 2007 4:38 p.m. (7 minutes and 37 seconds later)

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Lawmoe -- Lawyer (JD) -- 98% Positive Feedback on 2107 Legal Accepts
Lawyer with 16 years of litigation experience in state and federal court systems.

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Sent May 31, 2007 5:00 p.m. (22 minutes and 9 seconds later)

The assets are 18 wheelers roaming the country. The are licensed in North Dakota being sold to a business in Peabody, MA.
Debt 2650.00= wages 1950.00=company expenses on my personal VISA.
Arizona: state to aquire judgment. There is no judgment-advised to give it up because we'll never catch him with a civil judgment.
Yes, I filed with State Labor for wage portion-6 month process, which when he files bankruptcy-poof! will be gone.

Customer (name blocked for privacy)

Answer
May 31, 2007 5:06 p.m. (6 minutes and 5 seconds later)

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Lawmoe -- Lawyer (JD) -- 98% Positive Feedback on 2107 Legal Accepts
Lawyer with 16 years of litigation experience in state and federal court systems.

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