Labor Board Judgments

What does it mean when you've got some state labor board judgment, what are the chances your judgment will be collected? My quick answer is that it all it is dependent on the status of the prior employer.

This is one of my lots of judgment-related: I'm the Judgment referral expert, not an attorney. This article is only my opinion based on my long term experiences, please hire an attorney when you require legal advice.

There's 3 possible roadblocks in recovering a labor board judgment. Potential problem number one (particularly recently) is the business which owes you might no longer be in business. When it's no longer in business and your judgment is relatively small, that is usually the end of the story.

A second possible problem can be that A labor board needs to lodge the award paperwork at a court in order to obtain the judgment for you. (Within the state of California, the DLSE.) Most of the time, the labor board does this for you automatically. But, occasionally you must remind the labor board.

A 3rd possible problem (particularly when your judgment dollar amount is relatively small) is because a labor board rarely makes the people owning a company pay what is owed. This means it's very rare to recover from business owner(s) personally.

Once in a while, the labor board helps the ex-employee with alter ego circumstances to add business owner(s) to their award and judgment, but you'll most likely give up the earned interest, and need to ask your court for another judgment having another court case #. And, labor boards will make you assign your prior judgment to them.

When labor board awards are lodged at some court, the award is lodged with a regular court, not at some small claims court, it does not make any difference how tiny the judgment dollar amount is.

With the state of California, Labor Board Code 1194.3 says an ex-employee may collect lawyer's charges and also any expenses they incur to recover their unpaid judgment for wages, but just against the company named. When that business is no longer in business, most often it's the end of the game.

How can you tell if the labor board award was lodged with some court? Search for for their name or your name in the court records, maybe with your court's web site. When your name isn't in your court's register of actions, it most likely isn't filed with the court. Your court will verify it, also the labor board.

How can you tell if that business which owes you is in business still? In addition to performing a drive-by, one can look at the secretary of state web site and check if the company are still have active status.

The labor boards create awards of arbitration, and those awards are most often filed with some civil court, and get a new case #. When the case turns into a judgment, then it may get recovered.

The courts formerly took around 3 weeks to 2 months to render a labor board judgment, but courts have cut back recently so it might now take more time.

For the judgment recovery specialists; labor boards won't speak to anybody except for the ex-employee, which means when there's some question if an award has been lodged at a court, have the ex-employee ask the labor board.

Also for the recovery specialists, something to beware of is assignments made to a state franchise tax board for recovery. With such a situation, check that the ex-employee has their judgment assigned back to them, prior to you taking an assignment of the judgment. If the judgment is in the hands of the franchise tax board, that original judgment creditor does not have the authority to re-assign their judgment.

Mark Shapiro - Judgment Broker - - the place Judgments go and are quickly Collected.

This article was published on 21 Sep 2014 and has been viewed 1078 times
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