Legal Question in Business Law in Louisiana
I haven't been married a year and i own two different businesses. i have a trucking business that i've had for about 2 1/2- 3 years now. i've had both businesses before i got married and they are in my name only and my husband is the driver. i recently tried to lease a truck for my business and the company i went through had problems in the past with my husband when he had his own business. i let him take care of the business as far as going to look at the truck knowing he had dealt with these people before. the representative got my information for the application over the phone with him knowing that my husband was conducting my business for me while i was at work. i sent the $5000.00 cashiers check by my husband that the rep told me i needed to lease the truck. all the paperwork and information was in the business name and/or my name. he had to give a copy of his drivers license to the rep to let them know who brought the cashier's check. he seen a few things wrong with the truck and the rep told him that the check would not be cashed until we do finishing paperwork . he stated to him that if his supervisor didn't agree with the repairs i would get my money back or if the supervisor agreed to do the repairs all i had to do was sign the finished paperwork. he didn't give him a copy of the paperwork that they had filled out with my information since there were pending repairs. i just so happened to call the bank to see if the check had been cashed and it had been cashed 3 days after they got it. i called the dealership where they sent my paperwork to. i told him that the rep stated that the check wouldn't be cashed until we do the final paperwork. he laughed and told me that my husband owed him a debt from 2 years ago and that was his money he owed on a balance. i told him that my husband wasn't the one trying to lease a truck, it was my business , my money and his name wasn't on anything dealing with my business, he was just a driver. he told me so what he's still your husband. i then told him whatever debt he had years ago before me has nothing to do with my business i had before i married him. he said because his drivers license identified who he was when he got the check gave him the right to cash and apply to his past debt. i told him he just took care of my business that day because i had to work. and i told him the paperwork that they sent with the check has my information on it to lease the truck and he told me he didn't receive any paperwork. i told him its strange he just get a cashiers check with no attached paperwork!!! he told me he didn't know what i was talking about, call the rep at he other dealership to see where its at. i called the rep and he said all the paperwork was sent to his supervisor. he said that he was gonna sue my husband for a lease he had in the past and i was not getting my $5000.00 back even if it wasn't his money he could do that because i was his wife. so my questions are,
(1.) can he take my $5000.00 just because i'm his wife now but wasn't then?
(2.) and can he sue me as well as him even though this debt was years before i married him?
(3) and can you record phone conversations and use in court
1 Answer from Attorneys
You need to get off this site and sit down with an attorney. I had a bit of trouble following what you were writing, but basically, if your husband was a bum doing business and the folks he did business with want their money back, they cannot simply confiscate your money, without a Judgment for some amount against your husband and you.......but like I said, get to an attorney right away to stop all this, and get rid of your liability.....because if in the very first transaction as a business owner your husband has caused this, I would be very afraid of what and who is waiting in the wings to sue you to collect for what he owes!
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