Loaned employer $100k for one month, six months ago and not paid back.

Did you get any collateral for this loan? If not, does the company own any high value equipment or real estate that you can secure your debt to? Did you get a personal guaranty for this loan? Do you have a written promissory note for this debt, including this interest (which may be usurious and unenforceable since it's over 10%) and weekly penalties (which also may be unenforceable if it's not reasonably related to the cost of not being paid)? If not and this company merges, you should make sure you have one that includes an successor companies and also make sure that the successor company affirms this obligation and pays you or provides you with some security.

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

File a lawsuit for the entire amount plus interest and attorney fees. They are going to stiff you if you don't do something fast and may do so anyway if they go into bankruptcy.

Dr. Jonathan Levy
www.brimstoneandcompany.com
chambers@brimstoneandcompany.com
1-202-318-2406

Licensed in California

Not only should you file a lawsuit immediately, but you should only sue for 10% interest and no penalty or you might lose all interest because of usury. Also seek a Writ of Attachment against the company's assets so that you will have some security if they do not file bankruptcy within 90 days of the writ of attachment.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.