Legal Question in Business Law in Georgia
Hi! My husband ownes a LLC. He is the only organizer listed on all of the paperwork. He had a friend contribute money to the business but there was no paper work involved in the transaction of this money. Now, the friend who no longer works for my husband is wanted to take my husband to court to receive get his money back. Does this friend have a case against my husband?
3 Answers from Attorneys
There is no way to answer based on the facts you provided. We do not know if it was a loan, or capital, or something else. We do now know what was said between the parties. Your husband should know all of this.
As the other attorney says, more information is needed. Anyone can sue anybody. The real question is what are the chances of winning AND collecting;. It may be viewed as a capital contribution by a member or it may be viewed as a loan. Consult with an attorney in your area for specifics.
Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise
Franchise Attorney
Your husband posted the same question recently and the answer is the same as it was then. He has cost himself money now needing to retain counsel where he would have spent less hiring legal counsel on day one to draft appropriate agreements to cover these things.
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