Long story- but basically was a business owner. Employed a manager (salaried)
with documentation he provided (license and social security card, signed I-9)
Business failed, we lost everything, car repossessed, house in foreclosure, business foreclosed on. Filed and granted chapter 7. A year before our filing is when things got really bad. Several of our payroll checks bounced, gas was shut off, accounts were frozen and seized by the D.O.R. I could go on and on...
Had a falling out with this employee over bounced checks, he was fired for stealing. Shortly after he found an immigration atty. who filed a suit for unpaid wages- alleging he worked 80 weekly and was never paid overtime.He was a salaried manager overtime does not apply. He never worked more than 50 hrs. weekly. His claims were so exaggerated and we were so overwhelmed and broke we did not defend ourselves. He was awarded a default judgment for 26k (he was seeking 65k) We were threatened and pursued by a sheriff to make payments. He dragged us back to court- judge said they can't pay they're broke. We filed bankruptcy to save our home and he brought us back to court again - his atty. filed a motion to close the case. Just before our discharge we received notice from a new atty. for an objection to discharge.
She bombarded us with requests for discovery- wanting basically every financial, business and personal transaction over the last five years. We complied the best we could. In the meantime I found out he falsified his license and social security card (using someone elses #- a dead person
Have proof of that from the police.) Still, the nightmare continues have to go back to court to "compel discovery and possible sanctions" The original judgment for "overtime"he was awarded on has the falsified hours and dates of employment-(claiming he worked for us for 5 years- we weren't even open 5 years) The judgment they are presenting now has more realistic dates (stating his actual time in our employ) and different hours claimed-my point being how can he fight to keep alive a judgment that is based on grossly exaggerated information- then CHANGE the info. and call it the same judgment? Is it not fraud on the other attorney's behalf to change the body of the judgment to make it appear more valid? I would love to counter sue for fraud and identity theft. Any advice?
with documentation he provided (license and social security card, signed I-9)
Business failed, we lost everything, car repossessed, house in foreclosure, business foreclosed on. Filed and granted chapter 7. A year before our filing is when things got really bad. Several of our payroll checks bounced, gas was shut off, accounts were frozen and seized by the D.O.R. I could go on and on...
Had a falling out with this employee over bounced checks, he was fired for stealing. Shortly after he found an immigration atty. who filed a suit for unpaid wages- alleging he worked 80 weekly and was never paid overtime.He was a salaried manager overtime does not apply. He never worked more than 50 hrs. weekly. His claims were so exaggerated and we were so overwhelmed and broke we did not defend ourselves. He was awarded a default judgment for 26k (he was seeking 65k) We were threatened and pursued by a sheriff to make payments. He dragged us back to court- judge said they can't pay they're broke. We filed bankruptcy to save our home and he brought us back to court again - his atty. filed a motion to close the case. Just before our discharge we received notice from a new atty. for an objection to discharge.
She bombarded us with requests for discovery- wanting basically every financial, business and personal transaction over the last five years. We complied the best we could. In the meantime I found out he falsified his license and social security card (using someone elses #- a dead person
Have proof of that from the police.) Still, the nightmare continues have to go back to court to "compel discovery and possible sanctions" The original judgment for "overtime"he was awarded on has the falsified hours and dates of employment-(claiming he worked for us for 5 years- we weren't even open 5 years) The judgment they are presenting now has more realistic dates (stating his actual time in our employ) and different hours claimed-my point being how can he fight to keep alive a judgment that is based on grossly exaggerated information- then CHANGE the info. and call it the same judgment? Is it not fraud on the other attorney's behalf to change the body of the judgment to make it appear more valid? I would love to counter sue for fraud and identity theft. Any advice?
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