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Has he broken the law - Do I have a case - Verbal agreement with few checks/emails..

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Subban

Junior Member
Hello every one - I know this is a large post - but I was betrayed by a very trusted friend ....

I was working as an IT professional 2004. I have been thinking of starting a business of my own. At the same time one of my very good friends (very rich person) who is already in manufacturing business in CA – moved to GA. He wanted to be partner with me in the business 50/50. He was going to move his family here to GA in few months. We discussed what type of business and so forth – and decided to go with Quiznos with the idea of going multi-store operation. Since he was not in one place travelling all the time – and based on the verbal agreement – and with his direction – I registered the company and obtained the franchise in my name. Since I put in all the money for the first store – we both agreed he would put the next store. We in fact did all the work for the second store – identified the store – and he paid $25,000/- as advance towards that store. But for some reason – that did not go through. My friend visited Quiznos office with me few times discussing everything with Quiznos staff for getting more stores in this partnership. In the mean time we identified it was going to be difficult to the run this business with out family and support people and we decided not to proceed this retail business. Later Quiznos called us and offered us another store to open – but after discussing with him we said we were not interested.

In the mean time my friend had moved to Ga and settled well and his business was doing good and he assured me he would identify a business and invest for me and make me the working partner since I had put all the money for the first store. In the mean time the economy started going bad and I was falling behind on rent. Couple of times he has written checks to my store for $5000/- to help me out. Then at a stage we put the store for sale and nothing happened and we had to close the business and settle a law suit with the land lord. All these times he has promised me he would help me get out this lease and take care of any monetary details since I have not been making any money as I quit my job and running this. But when the law suit came I went and asked him to help – he said he would not help and said he was not part of the business at all since I put all the money in the beginning. Lot of people know this including few of our friends including his wife. There are no written agreement between us expect the verbal agreement we made as friends. Do I have a case? I have the communications he made with Quiznos officials and the checks he wrote etc.

Also towards end of this – for almost a year I was working in his factory – for which he never put me on payroll or anything. I idea was some small business setup would be arranged for me to run and this money could be used as an investment. When I asked him about helping me with the closed business – he said he would not help me and pay me $30,000/- towards the work I did. Couple of times I communicated with him to help me personally also he has not responded back at all. I have lost all the business investment and my earnings if I had worked in IT.

Has he broken the law here? I have few emails where I have communicated with other employees regarding this. Also any phone text messages sent and received. I have written a detailed email to his wife and a mutual friend about all this. Has he broken the law – Do I have a case?
 


rowz

Member
Without seeing the checks and emails it is very hard to say....but the fact that you do not have a wrritten agreement will make any case you wish to bring very difficult.

It is mostly he said she said and that will not cut it.
The burden of proof is on you to prevail with your claim.

An initial consultattion with a lawyer might be able to be had for free or very low cost.
Bring your checks and a copy of all communications.

It is going to cost you for an attorney to pursue this.....start thinking in terms of a 10 thousand dollar retainer to get started.
 

Subban

Junior Member
Without seeing the checks and emails it is very hard to say....but the fact that you do not have a wrritten agreement will make any case you wish to bring very difficult.

It is mostly he said she said and that will not cut it.
The burden of proof is on you to prevail with your claim.

An initial consultattion with a lawyer might be able to be had for free or very low cost.
Bring your checks and a copy of all communications.

It is going to cost you for an attorney to pursue this.....start thinking in terms of a 10 thousand dollar retainer to get started.
----------------------------

Thanks rows - I kind of knew that - thats why I have not done anything yet ..

In his mind - he agrees we had an agreement - but he says he is not part of the first store since he did not put any money. Which is the basic illogical thing. He said he would have put the whole money for the second store - at that point he would be partner of the first store as well as the second store 50/50. In business normally people get into partnerships in the beginning and move forward - which is what was our understanding and agreement. But now because of the loss - he choses to say he is not part of it since he did not put the money in the first store. He agrees to the fact that he was part of this - but goes back and says not part of the first one since he did not put money. Would this make any difference at all. My guess is if I could put some thing on paper with a lawyers name on the letter head - he might be more interested in listening - just my thought.
 

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