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by meatpopsicle 5089 days ago
Non-Union Lawyer here.

Contracts are never set in stone; all you need to do is make a new offer to this employer. Do this by sending them (CEO/CFO/Manager) a Notice. Call it "Notice of Private International Remedy Demand." (this is patio11's step 0.) Tell him that they owe you $NUM for services rendered (triple damages are not uncommon), and that they have 10 days from receipt of the notice to pay you, or swear in an affidavit (under penalty of perjury) that they don't owe you that money. Tell them that if they don't respond, a default judgement will be rendered, and a commercial lien may be filed with the Secretary of State's office (in whatever state they're registered).

if they don't respond in 10 days. send a second notice, keep everything but the date and the title (NOTICE OF FAULT IN DISHONOR - OPPORTUNITY TO CURE).

if they don't respond again in 10 days, file a UCC-1 Financing Statement, listing the CFO/CEO/Manager as lien debtors, and a copy of all paperwork you sent to them, with the Secretary of State's office. This lien is now considered an Asset.

Then contact a bank in your area, and let them know that you have a lien filed against these parties, and would like to sell the lien to their bank, so they can collect on it for you.

Hope this helps.

1 comments

This is excellent, but I would add legal documents must be properly served to have legal force. Two easy ways to do this are 1) send a FAX and keep the "FAX received" confirmation with time stamp 2) send an anonymous looking fedex requiring signature of CEO by name but don't include CEO in the address, just name. Be sure to get signature confirmation from fedex.