Legal Question in Business Law in New Jersey

Hi, I got in wary stupid situation and will appreciate guidance.

I am 45 y.o

About 3 years ago I was planning to open a deli business with a partner. At the same time I met with a another person who had been interesting to start delivery business and been full time student and working in accounting office at the same time. All three of as become a friends. In a deli store I had 1 official partner and delivery company we open 25% for me, 25% for my deli partner and 50% for a student ( because the idea of delivery business were his). Delivery Company was LLC.

�Student� did not have money to start delivery business and all expense was from �deli� pocket.

As a compensation for $ investment �student� promise to run financial for both companies.

Both companies were short with money and we could not afford a paycheck. We all cover the expenses spontaneously when it becomes too late. I invest all what I had (90%) of all investment (My deli partner 10%). The business is very difficult and take a lot of energy. In this run I lost my house and had to file for a bankruptcy but did not lose a deli.

At the beginning we did not discuss or promise to student any % from the deli or salary to anybody.

It was a time (4-5 month) when student live with me (my family) in a rented house

Student did not take a pressure and decide to be by himself, moved out (quietly broad a friend and made him a partner without others partners information).We become an enemy. He tries to give me a hard time: brought cops with the request to take his personal stuff from the deli. He did it on front of customers and tries to insole me. I kicked him out.

To make this story short I do not know who advise him but today a was served with documents that he is suing me for 150 000.00

I do not have money to hire an attorney. The business is tuff.

Please advise what to do.


Asked on 6/03/10, 3:52 pm

2 Answers from Attorneys
Randall Brett Law Office of Randall P. Brett

The best advice I can offer is that you must engage an attorney. If you cannot afford one, you should contact the bar association of your county who can refer you to an attorney who might take your case on a pro-bono basis. Go to www.njsba..com, look on the left side of the home page to "lawyer referral services", click on that and it will take you to a listing of the county bar associations lawyer referral services. In addition, there are also various legal aid societies that can match you up with an attorney who will represent you at no charge. Your local telephone directory has a listing of them or you can "google" on the internet. Do not delay as you must file your answer to the complaint within 35 days of the day it was served upon you.

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Answered on 6/03/10, 7:21 pm
Kevin B. Murphy Franchise Foundations, APC

The other attorney is right on point. If you've been served in a lawsuit, you definitely need the services of a good attorney. If you can't afford one. contact your local bar association for a pro-bono attorney who will not charge to represent you.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

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Answered on 6/04/10, 6:38 am


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