Fat Joe's 2016 track "All The Way Up" was his first Top 40 hit in almost a decade.

It may have also been stolen.

Eric A. Elliott (aka Fly Havana) is suing Joe and French Montana, who is featured on the "All The Way Up", for neither crediting nor properly compensating him for the hit he said he wrote.

Elliott, who claims he wrote the track in a few hours in 2015, nagged Joe for credit, but he never got any. Joe did give him a check for $5000 after a meeting at an IHOP. But Elliott believes he deserves more.

Elliott's suing to get a co-writing credit for the track and other damages. Joe and French haven't commented.