Legal Question in Credit and Debt Law in California

You should consult with an attorney in your area immediately. The statute of limitations to collect this debt may have already run, in which case you may not be able to sue the employee for the money. Depending upon how much the employee took as an advance, you may wish to just sue him in small claims court. If it is more than $7,500, then you will have to sue him in Superior Court. Also understand that even if you did nothing wrong, the very likely response to your suing this employee for recovery of the advance will be a claim filed with EDD for some sort of employment claim.

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