Legal Question in Business Law in New York
The question is relating to ex business partner. He had convinced me to sell the complete business. but in the end he basically bought me out. he made a story for a fake "buyer". he did pay me my share of the contract. He does owe me extra money which he is avoiding. is there anything i can do? it is all through text messages and i have requested multiple times. He refuses to pay me. There is other things involved. i can discuss in details. please see this information and see if anything can be done.
2 Answers from Attorneys
You may start with an attorney letter advising immediate initiation of litigation in case account remains open. I do not believe you have a choice but to initiate legal proceedings if he does not take heed. Depending on the amount in controversy you may either proceed with Small Claims Court ($5,000 or less) or through the court system with an attorney. Make sure your partner has enough assets for attachment before you decide to proceed, not to throw good money after bad.
Well of course if you can show that you had an agreement even if through test message and that he breached, then presumably you have a claim. I would not suggest that you just go out and sue of course; you may be able to persuade him to live up to his end of the bargain by leaning on him a little with the help of legal counsel.
I suggest that you consult with a lawyer in private and discuss your best course of action in more detail. You can start by calling around to several for a free phone consultation, get some insights then pick the best fit to work with.
If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.
Our firm is now referred by the American Bar Association (see under the New York section):
http://www.americanbar.org/groups/delivery_legal_services/resources/programs_to_help_those_with_moderate_income.html
Kind regards,
Frank
www.LanternLegal.com
866-871-8655
DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.
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