Legal Question in Business Law in Nevada
How to get my stuff back?
I am 16 years old and President/Director and sole stockholder of my company PC Connections Worldwide, Inc. about 2 weeks ago a lady that I've known for about 6 years was talking to me about purchasing some of the company from me.. I said it sounded ok.. but she was waiting for a settlement check to come in in about 1 month.. until then, since she was an accountant she would do my books and also answer the phone for me.. We sell internet service and I placed a computer, a bunch of INternet Provider related equipment and the checkbook, records, etc... Well.. on Tuesday evening (September, 16, 1997) she flipped out on me.. accused me of all this stuff... now she wont let me pickup my stuff from her house.. I was there with a police escort but they could not do anything.. she currently owns NO stock, but it treasurer and director.. Should I hold a board of directors meeting, and vote to fire her and remove her from the board of directors? How can I get my stuff back.. if I don't get it back VERY soon, I will be going out of business... cause she has my checkbook, all my user records, credit card processing software, billing software, computers.. everything... Please HELP!
2 Answers from Attorneys
Here's what I would do
Try again with the police. Go up higher in the chain of command. Give them a board of directors resolution firing her and directing her to return the company property.
If the police will not help, you will have to hire an attorney and get the California equivalant of a writ of possession and possibly a preliminary injunction.
You may also have a good lawsuit for damages,but that does not save your business.
Good luck.
Replevin is the process
You did not mention what state you were in.The laws vary from state to state. In Floridayou can hold a shareholders meeting and fireher as director and treasurer. To get your property back, you would have to file a replevinaction. Unfortunately, this could be costly andtime consuming. Another method is to send acertified letter pursuant to the Civil Theft statute.This could make her liable for trebble damagesand attorney's fees and costs. One other issuethat needs to be checked into is your rightsas a minor. In Florida contracts with anyoneunder 18 are unenforceable. You would have to have one of your parents bring the suit on yourbehalf.
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