Legal Question in Business Law in Virginia

I partner with my sister in a business, unfortunately, it was just registered under her name as a sole proprietor. but all my stuff like refrigerator and gondolas etc, are all mine and I have my receipts with me because those came from my old store. Now she wants me out in the busness but she does not want to give me my stuff telling me that the store is registered under her name so I can not get my stuff. I need legal advise on what I can do to get my stuff.


Asked on 8/14/11, 7:55 pm

3 Answers from Attorneys
Paul B. Ward Law Offices of Paul B. Ward

The question is how the refrigerator, gondolas, etc. are titled, whether in the business name or, more likely, not at all. If not at all, they were a loan to the business and remain yours.

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Answered on 8/15/11, 7:59 am
Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I only add to what the other attorney has said. Regardless of title issues (and these would probably just be your receipts) she has possession of the property at her business. You can't just walk in and take them. You would need a court order to do that. And this is only part of the legal picture. Consult with a good business or franchise attorney in your area for specific advice.

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

Franchise Foundations, a Professional Corporation

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Answered on 8/15/11, 8:06 am
Michael Hendrickson Law Office Michael E. Hendrickson

File in the general district court what's called a Warrant in Detinue for the return of your personal property, and, in the alternative, if such is no longer possible, then a judgment for its fair market value against the one who has wrongfully withheld it from you.

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Answered on 8/23/11, 8:36 pm


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