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CA-not paid for work done

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  • CA-not paid for work done

    I worked as an assistant to a mortgage lender/agent, doing some of the processing, telephone calls, loan submission, etc. Actually, I'm still working with her now, but.....

    I get paid only on a per deal basis (straight commision) plus a small percentage of the loan's closing. In April, 2005, she could not pay me approx. $2,000 owed to me, stated all kinds of reasons, I left her in May.

    I finally got $400 in cash paid to me in Nov., but that she needed help again with some files and would get paid from those closings. Previously, she did give me her personal or business checks to pay me for about 6 months that I did work for her.

    Many of the deals didn't close for whatever reason, no fault of her nor mine, just other killer items that can make for no funding (credit score dropped, appraisal too low, etc.).

    Feb. 8, 2006, we close one deal, she got paid and again some other excuses for non-payment (true, she was sick in the hospital, but she got out in less than a week's time, but her son never paid me as she said he would).

    My deal (no contracts, only e-mail mentions who which I saved and printed, plus I wanted to help her out). I know that probably e-mail agreements are probably not worth much in the court's eyes, but it's some proof of promises to pay.

    She clearly states that she owes me (per our e-mail talks), $700 a month since Dec., 2005 to Feb, 2006, a total of $2,100 plus $150 extra for some outsourced work I had done for her. I didn't even mentioned the other $1,600 she owes from April, 2005.

    Feb. 24, 2006: there's another loan closed and not sure she'll pay me again, she's also "upside down" on her finances, at my expense as well. I want to be prepared this time to go to a judge or court to settle this as she has not contacted me since last week versus the usual keeping me updated. She's not in the hospital and if so, she was able to pick up a check but not leave me with a check or two.

    She's a sales agent in CA but no mortgage broker licenses as here in CA, you're allowed to fund loans using another valid R/E broker's licenses. I'm out a total of $3,850 for non-payment. Not to mention had she or her son paid me (son is not related to any R/E work, just watching her bank book) on time, back on Feb. 8th, I would not incurred almost $300 in OD fees from my bank.

    What are some of my recourse action? Small claims? Employment and labor board? Real estate arbitration? Any and all of the above? I can't even afford to hire a labor atty.

    I'd like to pursue another legal avenues so that she does not try this on someone else.
    Last edited by Dlj19784; 02-27-2006, 03:36 PM.

  • #2
    No need to hire an attorney yet. You should file a claim with your state Department of Labor for unpaid wages. It's free and fairly easy to do.

    Unfortunately things like OD fees are still your responsibility.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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