Legal Question in Business Law in Missouri

How do I protect myself if business partner has stolen funds?

How can I protect myself if my business partner has been withdrawing funds from our joint business account? I was not aware of it, nor would I ever authorize that. The partner resides in Missouri, and I'm in Florida - we have an LLC company (online resume writing services). I've been told that this is embezzlement, and since my name is on the account as well, I'm going to be liable for monies owed to vendors and for back salaries that she has not paid (she was in charge of the financial end).

Now she's saying she wants to file bankruptcy, but I feel that's dishonest and we should instead be making an effort to get these problems paid off.

Do I need to file suit against her of some sort to protect my interests?

Thank you for your assistance; I greatly appreciate it.


Asked on 11/22/05, 11:29 am

1 Answer from Attorneys

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: How do I protect myself if business partner has stolen funds?

Without knowing how much is at issue, whether you have personally guaranteed the debt, or whether there are other issues that may affect the analysis (company location and applicable law will play a large part), the best advice I can give you is to consult with an attorney in Missouri as soon as possible.

There may well be embezzlement here, and there may be other financial irregularities. If your customers have been shortchanged, you could have serious financial liabiity.

Gather the following documents:

Your LLC operating agreement'

The evidence (bank statements) of fraud

The location of your partner's bank accounts

And call a Missouri attorney. Although you might be able to sue in Florida, I suspect your best course of action is to pursue the claim in Missouri.

There are numerous good attorneys who handle this kind of litigation. If you need a referral, let me know, or check out the referrals here on Law Guru.

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Answered on 11/22/05, 11:44 am


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