Legal Question in Employment Law in California

Can I put a lien on company equipment (laptop) in my possession against back wages not paid by the company I was laid off from?


Asked on 5/07/12, 9:55 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

You'll get a lien when you sue, win, and obtain a judgment against a person or company. If you refuse to return company property, it is stealing for which you could be sued or arrested. Bring your wage claim by suing, or filing with the Labor Commissioner. If serious about hiring counsel to help you in this, feel free to contact me.

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Answered on 5/08/12, 2:38 pm
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

No, you cannot use someone else's property as hostage to obtain money owed to you. The proper procedure is to obtain a judgment for the money owed against the employer. If the employer refuses to pay the judgment, only then can you place a lien on property owed by the debtor by getting a "writ of execution" issued by the court.

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Answered on 5/08/12, 2:42 pm


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