responsible for contract from dissolved partnership

[lucid vein]

I’m in Kansas.

I signed a contract on behalf of my business partner and myself.

I signed it for advertising that’s published in the Yellow Book phone directory. They allowed us to use two different company names with two different phone numbers in their book.

My business partner and I dissolved the partnership and have gone separate ways. He took one of the company names, and I took the other. But both company names remain in my name as far as billing goes -- I signed all the paperwork. I want complete independence from my ex-business partner in all aspects, and so does he. So we’ve requested that they “split the bill” so my business partner is responsible for 50 percent and I’m responsible for the other half.

It was the same scenario with AT&T Yellowpages. Difference is, they had no problem whatsoever when I phoned them, explained the situation, and asked them to bill my ex-partner separately for what have become his adverts. We now have two separate accounts at Yellowpages.

Yellow Book is, as always whenever a problem arises, a different matter altogether. Their attitude is, “We’ve got your signature on the contract, and consequently we do not give a darn about you whatsoever except that you pay us our money. So take your request to ‘split the bill’ and shove it”. Where customer service is concerned, this company is the most minimalist that I’ve ever seen anywhere... which is pretty bad.

I don’t know that contracts are utterly irrevocable. Yellow Book seems to think so. But they don’t provide customer service. And I don’t see how my request is so unreasonable or difficult for them. Is there any way to help persuade them that this is a good idea? I’ve already written a letter arguing it’s in their interest to do this, because since my ex-partner’s company’s name is legally owned by me (I signed the contract for its publication) the consequence is he cannot publish more ads with that name in their books. And he wants to, because he has clients and it’s a recognized name.

So, any ideas? Is there anything I can do? Of course the “customer service” and “collections” personnel don’t care, but perhaps writing the CEO of the company would have an impact? Or can I get out of this contract since I’m being held financially responsible for an advert by which another businessperson is profiting?

I can eventually just pay the bill on my own. My ex-partner is willing to take responsibility for 50%, but it doesn’t work out well for me to call each month and say, “Where’s your half of the payment due to these people?” He finds it easier to say NO to me than he would to a company that could harm his credit.

Stopping advertising with Yellow Book because of their terrible record with customer service would probably cost me more in the long run than just dealing with them in spite of the glaring flaws in the service they provide.

I would appreciate the opinion of anyone who will comment on this. Ask any question you like. Thanks!

(I could discuss money with a lawyer if there’s a chance he can help me resolve this).

[tranquility]

Both of you are responsible for the responsibilities of the partnership done in the name of the partnership. The company can go after either or both of you for the money. You signature just makes it easier.

They have no legal duty as far as I see, to modify the contract and make you responsible for 1/2 and the former partner responsible for 1/2. It would be nice, but it does hurt their position and they don't need to do it for the duration of the contract.