Full question:
I have been managing a men's recovery home and the original owner had been paying me cash to do this. As of January 2008 he hasn't payed me. He has since let the property go back to the bank and they are assuming ownership and have asked me to continue managing it. I have approx $8000.00 in back wages coming to me. Am I able to file a lien of any kind to collect this past money owed to me?
- Category: Contracts
- Date:
- State: Iowa
Answer:
When a company fails to uphold its end of a contract, such as when an employer fails to pay earned wages to an employee, a breach of contract claim may be filed. If the plaintiff is successful in winning a judgment, the judgment may be used to ask the court to issue a lien against the defendant's property, such as bank accounts, real estate, etc. It is also possible to file a wage claim with the Division of Labor at the link below.
The following are Iowa stautes:
626.1 Enforcement of judgments and orders.
Judgments or orders requiring the payment of money, or the delivery of
the possession of property, are to be enforced by execution. Obedience to
those requiring the performance of any other act is to be coerced by
attachment as for a contempt.
626.34 Personal property subject to security interest — payment.
Personal property subject to a security interest not exempt from
execution may be taken on attachment or execution issued against the
debtor, if the officer, or the attachment or execution creditor, within ten
days after such levy, shall pay to the secured party the amount of the
secured debt and interest accrued, or deposit the same with the clerk of
the district court of the county from which the attachment or execution
issued, for the use of the secured party, or secure the same as in this
chapter provided.
Please see the information at the following links:
http://definitions.uslegal.com/b/breach-of-contract/
http://definitions.uslegal.com/j/judgment-debtor/
http://definitions.uslegal.com/j/judgment-liens/
http://definitions.uslegal.com/e/examination-of-judgment-debtor/
http://definitions.uslegal.com/e/execution-of-judgment/
http://www.iowaworkforce.org/labor/wagesteps.htm
Please see the forms at the following links:
http://www.uslegalforms.com/us/US-00929BG.htm
http://www.uslegalforms.com/us/US-00758BG.htm
http://www.uslegalforms.com/us/US-M6793.htm
http://www.uslegalforms.com/us/US-01135BG.htm
http://www.uslegalforms.com/us/US-0025LTR.htm
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
