How To File An Unpaid Wages/Overtime Suit

Sep 29, 2025 -

There are many laws that protect employees and employers from wage theft and the penalties for wage theft can be very expensive, but there are ways to stop or at least reduce your wage garnishment or wage suspension by filing an Unpaid Wages/Overtime suit. The federal Fair Debt Collection Practices Act gives you the right to sue your creditor to recover wages you have paid out as wages and have not been included in the calculation of your earnings.

In order to start this process, you must first prove to the court that you have been underpaid for at least six months. If the court rules in your favor, you will receive a court order to pay back all of the wages you have not received. This is not to say that you can never collect any wages again, but you will need to hire the services of a professional attorney who specializes in such cases in order to make sure that the court upholds your position of being underpaid.

If you lose the court order in the case, it is possible that you can still be garnished again. However, you may also not have to pay back the money that you owe. It depends on the state law of your particular state, but generally speaking, you will lose your rights if you are unable to pay back the money owed by a court order.

Although such court orders and garnishments are very important in determining whether you have been paying your bills on time, you should not worry if you do lose your rights to them. The courts will usually grant a temporary stay, or stay until the court ruling can be changed. In most cases, it is simply a matter of waiting for a new ruling before you have your legal rights reinstated and restored.

Your employer has the right to challenge your wage garnishment through your employer's board. If you were wrongfully terminated for non-payment of wages, you may be able to get your wages reinstated by showing to the court that the termination was in error. If this shows that you were wrongfully terminated, the employer can petition the court to reinstate your wages and reinstate you as an employee.

If you think that your employer was responsible for the wage garnishment against you, but you do not want to go to court for wage garnishment, then you can simply attempt to negotiate with the creditor through a settlement company. A good attorney can help you achieve a fair settlement and help you through the whole process of filing your Unpaid Wages/Overtime lawsuit.

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