Legal Question in Criminal Law in California
Bad Partnership
I ran and built a garment business for ten years, accumulating business related material goods along the way. Three years back I joined in a partnership with a guy. It was all verbal because we didn't want to incur legal expense. He was supposed to be he business guy and I would continue to create the garment line. I moved my things into his place. Now everything has gone bad and I want out. I have moved the things that I brought to the business out (credit card machine, computer etc.). He is now threatening to prosecute me for theft of my own things. Can he do this? As there is nothing between us in writing and I originally purchased these articles are they not still mine?
2 Answers from Attorneys
Re: Bad Partnership
He cannot prosecute. Only a California state agency can prosecute. He can make a report to the police department. However, it is unlikely that the police will go to the District attorney and request that a criminal complaint be filed. You should obtain legal counsel to deal with him and work out a settlement agreement. Be cautious talking to the police. They often misconstrue statements and that can make you look guilty.
Re: Bad Partnership
A partnership is like a marriage, what you put in can become joint property. Without a written agreement, you will now have to resolve the current disputes over what the terms of the partnership were/are. Lawsuits are common. You need legal help to work this out. Contact me if interested.
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