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My son worked for a "contractor" who messed him around BIG TIME!!!!!!!!!!!!!?
I am trying to find out if this person had a contractors license. Also my son got denied for unemployment because this person paid my son in CASH!!!!!!! So the local unemployment office does not have a record of this SCUMBAG!!!!!!!!! Can someone help me? Have you ever run into this sort of person before and if so what were your end results? This guy still has not paid my son for 110 hours of work!!!! This is in the United States.
What can I do to force this guy to pay my son?
My son has gone before the local employment office and the person did not even bother to show up!!!!!They ruled in favor of my son because this guy did not even show up!!!!!!!!!!! He has until tomorrow to pay my son. It is going in front of Magistrate Court. I am fairly certain that if the guy fails to show up to court a Bench Warrant can be issued because of failure to appear.
I am at a lose as to what to do.
6 Answers
- Mark MLv 77 years agoFavorite Answer
Do some research. Find out everything you can about this guy. His name, address, his friends, his other employees. His bank. Find out what contractor license he should have had. State license are on line. On the projects you son worked on, find out who the client and as much about them as possible. Did the contractor file a building permit.
As a unpaid employee, your son may be able to file a mechanics lien against all the customers. Most customers do not pay 100% of the bill. They may have held enough to pay your son. Hell hath no furry as a home owner who is asked to pay twice. Information will be forth coming. If the contractor signed a lien waver, he either has to pay you, or you can take him to court and put him in a yellow suit for fraud.
Find out his bank and file a mechanics lien against the bank. The bank will not pay you, or give you information, but they will toss their customer onto the street. You are making his life difficult.
Take your information and report him to the IRS. The unemployment agency investigation will be accepted.
You can also go on line and search federal bankruptcy records, cost 50 cents a page.
If this guy shows up, and he sees your nice file folder full of information, and sees you filling out mechanics liens, he will declair it all was an honest mistake and pay your son by check. If he does not show up you know he only has two pairs of pants and you will never get your money. But you can make his life miserable for a while.
If this guy really smart, he will show up and give your son the money he is owed, with a 1099 listing your son as a subcontractor, along with a waiver you son signed. He then will not have to pay unemployment, and you son will not get unemployment. He could also show up with documentation that your son was fired for being drunk on the job. But the really smart ones always pay by check.
- A HunchLv 77 years ago
It's not a criminal case. There is not going to be a bench warrant for this guy.
In most states, the labor board will not help you actually collect the money.
You are at a loss on what to do? How did your son get in this mess? Didn't you teach him about filing out employment papers and being paid "cash"? You are really lucky that the employment board paid attention to this case. It most states they would not - if you sign on to an illegal employment relationship (ie paid cash), they won't help you.
- ?Lv 77 years ago
The court may give your son a legal judgement against the alleged contractor but this is civil case not a criminal case, so a bench warrant will not be issued. Collecting on the judgment will still be a problem. Good Luck
- ?Lv 67 years ago
With all this being said, did your son claim taxes on this money OR will he be paying taxes when he does his income tax??
All your son can do at this point is get the labor board involved or go to small claims court. Keep in mind, however there is a doctrine called "clean hands". If your son did NOT claim taxes on this money he CANNOT collect anything in court OR through the labor board.
- RangerLv 77 years ago
Everything that can be done is apparently being done. Wait until the court appearance to see what happens next.
Source(s): rc