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Can I put a lien on a business entity?

Boca Raton, FL |

My previous employer owes me back wages. As he has a public shell, I would like to be able to force reimbursement on the sale.

Attorney Answers 5

Posted

My office handles both collection matters and unpaid wages matters so feel free to contact our office if you want to discuss further. Your post does not really give enough information to be able to answer.www.behrenlaw.com or www.takethisjobnshoveitblog.com.

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As Monday is a holiday, I will contact your office on Tuesday. Thanks for the information.

Posted

As a general matter, liens are rights provided by state statute. So unless your state statute allows you to file a lien on wages, the answer is no. I have never seen a state lien statute related to wage claims. Maybe Florida is different.

Do not do anything until you speak with a local attorney. A lien filing without legal basis is considered a "spurious" lien and you may be responsible for costs and attorney fees for removing that lien.

This answer is for informational purposes only and is not legal advice regarding your question and does not establish an attorney-client relationship.

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My colleague is correct that this is a matter of state law. A judgment lien can be filed against a corporate entity in California but not a lien for a "claim".

The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.

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Posted

While you may not have a direct cause for a "lien" as you are referring to the same without first obtaining a monetary judgment in Florida, however you may well have an alternative remedy. Since you are referring to wages, then I will assume that you were not a "salaried" employee nor an independent contractor. Your recourse may well be to go to your own Department of Labor site at the state and perhaps county office and file a claim for past wages - this may very well fall under the Fair Wage and Labor laws of Florida. Also certain causes may exist under the "FAIR LABOR STANDARDS ACT" if the employer's business meets certain standards - inclusive of overtime. Florida law provides attorney fees for employees who are successful in suing for unpaid wages - FS 448.08; therefore you may seek out an employee law specialist since there are many attorney who specialize in labor laws in Florida. You can look up any of the agencies including the Fl Dept of Labor, or the U.S. Department of Labor in your computer browser. Good luck to you, and don't forget to mark the best answer in your response if any.

An attorney-client relationship has not been established herein and must not be considered legal advice. Licensed attorneys in the appropriate jurisdiction must review all the facts involved and search out the best and most efficient method to proceed. If tax matters have been answered then the above cannot be used to avoid tax related penalties. Please act accordingly.

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Posted

Under Florida law, there is no provision for a lien against the employer's property for unpaid wages. You will first need to get a judgment which, when recorded, becomes a lien on any real property within the county in which the judgment is recorded. The judgment can also be recorded with the Florida Secretary of State upon which it becomes a lien on any personal property within the state. Florida law also provides for an award of attorneys' fees on an action for the collection of wages. You should consult with an employment law attorney in your geographical area.

I am licensed to practice in Florida and the law may vary greatly from one jurisdiction to another. Furthermore, this answer is not intended to create an attorney-client relationship and you should consult with an attorney in your particular jurisdiction. I practice in the areas of employment law, commercial litigation and personal injury.

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