company wont pay me

[mark ardin]

My wife was a contract program manager for a training company that is now 95% out of business. She is owed $10K. She made authorized purchases on her own credit card for $5K and has proof that the books and materials she purchased were given to the appropriate customers. The other $5K is being charged for 4 weeks of labor done out of her house which was pre approved by the National VP who was her direct boss. He is laid off now and the president says the VP had no right to approve the work she did. The president has stalled for a few weeks now and wont pay her anything. The company is trying to sell the remaining 5% of the company and might just file for bankruptcy instead but they have not done so yet. Question: Do we start filing liens against any computer equipment they still have and if so how do we start that process? The company is owned by 2 investors and still has people on the payroll. Let me rephrase the question like this: Lets say I filled out a $10K expense report that the VP authorized and now the president is taking too long to pay. How do I make him pay (especially while he still has the money to do so)??This is in California.

 

[JETX]

First, unless you have a security interest in any assets of the corporation, you can't just 'file liens'. You will need to go to court and get a judgment first. And since you are above the Small Claims limit, this means that you will probably have a long (several months PLUS) to be heard. (You might consider splitting the two unrelated debts into two lawsuits of $5,000 each if you can to stay within your states Small Claims limit.)

And given the precarious status of the corporation, naturally TIME IS IMPORTANT!

Talk with an attorney NOW and see what if anything can be done to get your money. And I assume you have learned a BIG lesson about loaning money to someone (or a Corp) that doesns't have the money to pay you back.