pay withheld

Discussion in 'Experienced Truckers' Advice' started by truckertaz8291, Sep 15, 2012.

  1. flc120

    flc120 Heavy Load Member

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    Jul 11, 2012
    Miami,FL (yeah i know :( )
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    wow bro wish i could give better legal input is there not a way to get some sort of legal advice up on this board? just asking.
     
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  3. truckertaz8291

    truckertaz8291 Light Load Member

    55
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    May 29, 2012
    lexington,sc
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    idk hoping some could tell me.i have tried online every where else had lawyer in sc wanted to help but cannt pratice in nc
     
  4. Wooly Rhino

    Wooly Rhino Road Train Member

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    Jul 6, 2008
    Liberty, Missouri
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    I have always had luck in small claims court. You are limited as to how much you can sue for and that varies state by state. You must sue in the home of the company. If they are in South Carolina you sue there.
     
  5. truckertaz8291

    truckertaz8291 Light Load Member

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    May 29, 2012
    lexington,sc
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    i did in nc gastonia,but got thrown out with all my papers that showed i am owed the money,judge took owners side only guess why
     
  6. jackhartjr

    jackhartjr Light Load Member

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    Jun 5, 2011
    Hickory, NC
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    If they paid fuel, tolls, etc, you certainly were NOT a contract driver.
    Did the ESC tell them they owed the money? If so, I would contact them, they have ways of convincing folks to pay up.
    What court did you go through? Small claims, or what. Did you have a lawyer?
    Jack
     
  7. truckertaz8291

    truckertaz8291 Light Load Member

    55
    2
    May 29, 2012
    lexington,sc
    0
    they only have the right to determine if money is owed not make them pay could find anyone to represent me so i was alone as they were,yes small claims
     
  8. Allow Me.

    Allow Me. Trucker Forum STAFF Staff Member

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    May 28, 2009
    Rancho Mirage, Ca.
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    Sounds like you did everything correctly and the Judge sided with your ex-employer. Time to move on, life ain't always fair.
     
    RickG, jbatmick and Big Don Thank this.
  9. jackhartjr

    jackhartjr Light Load Member

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    Jun 5, 2011
    Hickory, NC
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    Allow me, sounds like you always take the easy way out. Ever try fighting for what's right?

    truckertaz, I would contact the ESC again. As I said, they have ways to make them pay. You have to keep going up the chain until you find the right person in the right position to help. Remember, folks that work for the government always take the easy way out. It is easy to say, no, we don't do this or that.
    Another avenue to pursue is to contact your state representative. They have ways of making things happen too!
    Jack
     
  10. truckertaz8291

    truckertaz8291 Light Load Member

    55
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    May 29, 2012
    lexington,sc
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    so true will try that next time i am home
     
  11. jackhartjr

    jackhartjr Light Load Member

    158
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    Jun 5, 2011
    Hickory, NC
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    You know, I am trying for the life of me to figure out why a judge in this state did not recognize that you were a company driver and all the so called deductions for not working a notice, etc, and especially the one about the tire were not applicable to you?
    Jack
     
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