Legal Question in Business Law in New York
I bought a Pizzeria, Restaurant in New York six months ago and I opened new company but with the same address
previous owner. I tried to save more money and I did not get the lawyer to check if everything was ok , instead I prefered to do on my own. Recently I found out the previous owner own a food company and this food company is forcing me to pay the amount on the previous onwer. They said if I do not paid they will go to the court. Months past and I received a letter from Marshal New York and they are forcing me to pay this amount. What should I do? Should I paid this amount and later I will get a lawyer to try to get this amount back from this company? Any help I will appreciate. Thank you.
3 Answers from Attorneys
I know it doesn't help you now, but others reading this post can learn a valuable lesson from your experience. When you try to cut corners by limiting (or not even hiring) an attorney, bad things can happen. When making a business deal, always retain an attorney and let him/her do his/her job so you can rest easy knowing that you are protected from future nightmares like this.
As far as your situation, I would suggest paying the amount owed right away so that you do not lose your business. Immediately after that, consult a lawyer to review the agreement you signed to see if there is any recourse against the previous owner. Even if there is no written agreement, or nothing in it to protect you, there nay be other avenues of recourse.
Talk to an attorney before you pay anything. Depending on how the sale was initially structured, you may or may not be liable. Consult with an attorney in your area for specifics.
Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise
Franchise Attorney
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