Legal Question in Business Law in Florida
I currently live in Winter Springs, FL. About 6-9 months ago I became 50/50 partners with another gentleman over a hair salon in Atlanta, GA. Since I don't live in the area my contribution as partner was salon expertise since he had none. He was in charge of the everyday management. At first everything was fine. I would call every couple days and he would insure me that everything was going good. Then something wasnt sounding right because we weren't making any money. When I decided to look into the financial records deeper I found that he was using the businesses income to pay his personal expenses. I confronted him and he promised he wouldnt get that money back. Well not long after that I found out he hadnt payed the rent, we had been locked out of the shop and could not get any of our equipment back. He claimed to be sorry and promised to repay our investment since it was his fault the salon closed down. In our contract it states he "shall be liable to the Joint Venture/Partnership for any losses or liabilities incurred by his or her negligent conduct or by willful acts that are detrimental to the venture." To this day I have not received one penny from him and now I cant get him to return any calls or messages. Do I have a case and if so, how do I go about getting my investment back?
2 Answers from Attorneys
Sure you have a case. You could sue for the damages. You would need to look at the agreement to figure out where the case could be brought. You might have to bring suit against him in Georgia, but check the document.
Sounds like you may have to sue him for damages. I think you should have an attorney review your agreement. The agreement will likely specify which state has jurisdiction over any disputes (Florida or Georgia). Get an attorney in that state. Please let me know if I can be of additional assistance. Regards,
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