Legal Question in Business Law in Massachusetts
Breach of Contract
I want to resolve my partnership with a LLC, my partners won't give me 1/3 of the profits according to the agreement.
I have the company's supplies stored in my basement, can I charge storage fees for the time of the company not being in operation which is a one year, if my partners don't give me my portion of the profits.
1 Answer from Attorneys
Re: Breach of Contract
Let's start with the Partnership. Is their a written agreement and are you a partner or if an LLC a member?
With respect to the issue of profits, you should consult an attorney as soon as possible and deal with the issue forthrightly.
With respect to the storage of the goods in your basement. Assuming you are not obligated under the terms of the agreement, you can do two things:
first, seek an attachment in court for the inventory against the profits owed you; and
second, give notice to the parnership or LLC that you intend to charge storage (make sure it is a reasonable charge) if they do not remove the goods within a reasonable period i.e 30 days.
However, before doing anything I would consult an attorney. Bring copies of all agreements, tax returns etc.
Also, you should be able to tell the attorney if they have any claims against you that they have asserted as the reason for not paying you such as, you took your draw already, there are no profits, you took salary and they did not, you breached a non-compete; you withdrew and therefore not entitled to anything.
Good Luck.
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