- Report: #134073
Complaint Review: Democo Demolition; Cleanco Cleaning And Demolion; Usa .; Also Joe Soares - Orange California
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Democo Demolition; Cleanco Cleaning And Demolion; Usa .; Also Joe Soares
2386 N. Batavia Orange, 92865-2002 California, U.S.A.
Phone:
714-221-4400
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Democo Demolition, Cleanco Cleaning And Demolion, Usa ; Also Joe Soares former employee, 4 paychecks bounced & didn't cash Ripoff! Orange California
First, they promised me a raise and I never got it.
Second, and the main thing is that I got paid on 2/4/05, and deposited the check in my checking account. I wrote checks on it, and then the paycheck bounced. I have tried to get them to pay me, and they won't.
THEN, I got another paycheck on 2/18/05, and instead of depositing it and losing more money, I tried to cash it. It won't cash, there is never enough money in the bank. I go to the Bank of America, where the check is written from, and they always tell me there isn't enough money to cash it.
I got another paycheck on 3/4/05, same thing.
I am due another paycheck, since I quit, and they were supposed to pay me on 3/4/05, which they didn't. But they owe me another one, and I'm sure that won't cash, either.
I can't find anyone to help me! I know they've done this before. They told me that they'll work to get the people that work there paid, and not the former employees. I just don't know what to do.
I called the DA, and they can't help. Attorneys won't talk to me.
Catherine
Anaheim Hills, California
U.S.A.
Second, and the main thing is that I got paid on 2/4/05, and deposited the check in my checking account. I wrote checks on it, and then the paycheck bounced. I have tried to get them to pay me, and they won't.
THEN, I got another paycheck on 2/18/05, and instead of depositing it and losing more money, I tried to cash it. It won't cash, there is never enough money in the bank. I go to the Bank of America, where the check is written from, and they always tell me there isn't enough money to cash it.
I got another paycheck on 3/4/05, same thing.
I am due another paycheck, since I quit, and they were supposed to pay me on 3/4/05, which they didn't. But they owe me another one, and I'm sure that won't cash, either.
I can't find anyone to help me! I know they've done this before. They told me that they'll work to get the people that work there paid, and not the former employees. I just don't know what to do.
I called the DA, and they can't help. Attorneys won't talk to me.
Catherine
Anaheim Hills, California
U.S.A.
1 Updates & Rebuttals
Timothy
Valparaiso,Indiana,
U.S.A.
Some advice, DA won't help you because this is a civil, not criminal matter
#2Consumer Suggestion
Tue, March 08, 2005
Catherine, sorry to hear about this unfortunate situation. The DA won't help you because this is a civil, not criminal matter. I know it seems like "theft," and in a moral sense it may be. But, as far as the law is concerned, this is nothing more than a breached contract. You're probably having a hard time finding an attorney to help you because, in the eyes of an attorney, you don't have a "good" case. You may well have an excellent chance of winning your case, but 1) this company appears to be insolvent. If they are having such a hard time paying employees, it is likely that they would not be able to satisfy a civil judgment, or that they would declare bankruptcy, especially after expending legal fees. And 2) the amount of money that you could hope to be awarded in successful litigation would probably not even cover your lawyer's fees. So what can you do? First, even as I said above that this is not a criminal matter, it IS a crime to knowingly pass a bad check (in most, if not all states). This provides you with a bit of leverage for plan 1 below. Before I start telling you what I would do, however, I must inform you that I am a student of the law, not a lawyer. You should not accept my suggestions as competent legal advice, which you can only obtain from a licensed attorney (or a law student acting with the supervision of a licensed attorney, which I am not). Now, here are the options that I would pursue. 1) Send a letter (certified) with the words "DEMAND FOR ACCOUNTING" and the to, from, re, etc. designations at the top. Set out your case, tell them how much money you feel they owe you and why (include bounced check fees and associated costs). After you lay out your case let them know that, if you are not compensated within 30 days, that you will seek personal legal counsel and seek prosecution for any crimes, such as the passing of a bad check. Will this work? Who knows, but it's a good way to try to take care of this on your own without dealing with (or paying for) an attorney. 2) File a small claims suit. Find the websites for your local courts (or the courts for where this company is located) and you should be able to ascertain the procedures involved with small claims suits. You should not need an attorney for a small claims case. 3) Utilize alternative methods for finding an attorney that will take your case. First, you should search online for "legal assistance" or "legal aid" outfits in your area. If this doesn't pan out, check the websites for local law schools and see if they operate legal clinics. You're in Southern California, there are probably at least five law schools within 100 miles of your home. Good luck!
