6 posts shown.
Hi,
I received a letter in the mail yesterday from Skadden, Arps, Slate, Meagher & Flom:
We are contacting you on behalf of our client, AT&T, regarding an execution proceeding currently being held before the Los Angeles County Superior Court under case number Ovrv-505/04. This proceeding was initiated against you to collect unpaid debts for electronic communication services. As of March 22, 2016, the total debt amounts to $775, consisting of $182 principal, $361 late interest, and court costs of $232. We are offering you the opportunity to settle this debt under special terms: if you make a single lump-sum payment covering both the principal and court costs in the amount of $414, AT&T will waive the late interest totaling $361. If you agree to this proposal, please submit the payment of $414 to AT&T's business account no later than 30 days from the date of this offer, and provide proof of payment to our law firm via fax or email. By making the payment of $414, it will be understood that you have accepted this offer, at which point AT&T will have no further claims against you regarding the aforementioned execution proceeding. Otherwise, we will proceed with legal action to recover the full amount of the debt.
Since this debt is for a bill from the second month of 2003, can I claim statute of limitations based on all this, or am I actually required to pay?
The letter is dated March 22, 2016, Washington, D.C.
Thanks for the help.
Hi everyone,
I was wondering if anyone here knows if I can file an enforcement action against an employer through the IRS for unpaid wages based on my pay stubs, specifically if the employer has already entered into a pre-trial settlement agreement signed before a commercial court? Basically, their accounts are currently unblocked and they're operating "normally," provided they repay their debt in installments over the next five years. From what I understand, wage claims are considered priority claims and aren't included in that specific settlement portion. Since my boss refuses to pay the wages he owes me—especially since I had to submit a constructive discharge notice because of this whole mess—I'm curious if there's a way to collect my back pay this way.
Thanks
John Clark6 said:I guess I can't really explain the whole Chapter 11 bankruptcy process to you right here, but what matters most for you is whether the public notice inviting creditors to file their claims has already passed—that window usually lasts about a month. Once that period closes, no more claims can be filed, and you won't be able to pursue collecting your wages later on; I mean, you could try, but any legal challenge to your attempt to collect will likely be upheld. And if a creditor meeting is already scheduled that soon, it probably means the deadline for filing claims has already lapsed.
Okay, I get it... so there's basically no way for me to "force" my employer to pay out those wages? Not even through labor court or anything?
Thanks for the help
P.S. Regarding that one-month period—does that mean 30 business days, or just calendar days from date to date? For example, if it was posted on August 30th, does it run until September 30th, or am I counting 30 business days starting from August 30th?
John Clark6 said:If I remember correctly, your claims—meaning all debts owed up until the bankruptcy filing—get wiped out if they aren't officially filed; basically, you lose the legal right to collect them. And honestly, you probably should have filed those claims yourself, even though the employer was supposed to list them too. I'm not entirely sure which stage of the bankruptcy process they're in right now, but maybe try filing an appeal? I think there might be some kind of priority status for unpaid wages (I'm not positive, though!), so it's worth looking into. You can check the court's website—just type in the company's name—to see exactly where things stand in the proceedings.
So, here’s the deal... I quit my job at the beginning of July this year. My employer didn't officially process my termination until July 31st, and that only happened after I sent him a formal resignation notice because he hadn't been paying me. Since he owed me for four months of pay (not counting my July salary), I reported him to the Department of Labor on August 8th for withholding paychecks and failing to provide pay stubs. The inspectors did a site visit on September 17th, confirmed everything was messed up, and I got the official notice along with my pay stubs on September 27th. The notice basically says that for monetary claims, I have to go through the court system and that claims expire after three years. I called the Department of Labor, and they mentioned that besides suing, I could potentially attempt a garnishment through Chase Bank using those pay stubs. I went down to the bank, and they told me to fill out a request and bring in tax documents and the pay stubs, but the tellers weren't sure if it would actually work since the employer is currently going through pre-bankruptcy proceedings, and they don't handle those specific details. I checked the bank's online portal, and it shows a hearing scheduled for October 11th at 10:00 AM, with a vote happening later that day at 11:00 AM. Does it make sense to keep pushing for this?
P.S. And does that hearing actually mean anything for me?
John Clark6 said:It’s actually impossible—until that pre-bankruptcy settlement is officially finalized before the bankruptcy court, you still have to report all wages or any other outstanding debts as part of the pre-bankruptcy filing...
So, what's my move here? Any advice? My employer definitely didn't include my unpaid wages in their pre-bankruptcy filing... Is there really no way at all to recover what I'm owed?
I was planning to file an attachment against my employer's assets because they haven't paid me my wages, but it turns out the company is currently in pre-bankruptcy proceedings. Does anyone know if it's even possible to freeze their accounts or seize funds at this stage to finally get the four months of back pay I'm owed?
Thanks