Legal Question in Business Law in Colorado

What are my rights? Help with LLC.

I am 1/3 member in small pet grooming business LLC, that I went into with some friends. The relationship has went sour over the last few months and tensions have been getting very high between us. 2 days ago I was told that If I didnt quit they were just going to dissolve the business and start over without me. I went to work this morning and was told that they were planning on changing the locks that afternoon and that this was my last day to groom, they tried to get me to sign a piece of paper stating that the llc was dissolved. - I did not sign! Here is my question. There was no agreement signed other than when we first started what the shop rules were going to be. I have helped establish this business and have clientel that I had standing appointments with and now nothing to offer them as I have no place to groom. All of my personal equipment is inside worth thousands of dollars plus today was also payroll and 2 weeks worth of services for work is still owed. I do not own the building and I am not on the lease. What are my rights without a written agreement. I am on all bank accounts as 33.33% partner but I was told those were being closed as well. What about all monies lost from clients with future appointments. Help.


Asked on 2/13/09, 7:25 am

1 Answer from Attorneys
Robert Murillo Pivotal Legal Ltd.

Re: What are my rights? Help with LLC.

You will need to file an action with the court. If they are holding your property that was provided as a member you will need to file a suit for replevin immediately. If they try to lock you out they are liable for damages and violation of fiduciary duty.

I stated much of the same answers yesterday. Based on these threats it is clear you cannot come to an agreement. So, as I already stated, you will need to get court orders to get your property back and for them to compensate you for any damages.

You need to contact an attorney now as they are violating any number of your rights. Based on their threats, there appears to be no other option other than a suit to get them to act appropriately. Once a suit is filed then, hopefully, they will listen to reason and you can negotiate a resolution.

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Answered on 2/13/09, 8:53 am


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