Cease & Desist on Event? Verbal Agreement broken

[quietbutloud]

What is the name of your state (Tennessee)?


I had a verbal agreement (I know bad) with a another guy. We wanted to throw a nightlife event in the club. The agreement was 50%. I put up an X amount of money. In the 4 Digits ($x,xxx) .. The other guy put up $0

The agreement was I take 50% of the cut, AFTER I recoup from the night.

We had scheduled meetings and I was lied to about the time. He went to the meetings and I didn't go. Once everything was finally finalized with dates & times with the venue, the guy immediately told me he didn't want me apart of the company and that I'm only getting 10%.

I have all the txt messages from him from beginning of the partnership to our current issue now.


As the investor, i'm looking to submit a Cease & Desist on the event because of the breach of verbal agreement. I did not take up all the risks to agree to 10%. Plus, I do not believe he would actually give me the money since he has already broken his word the first time.



Is this the correct path to take?

 

[Proserpina]

What is the name of your state (Tennessee)?


I had a verbal agreement (I know bad) with a another guy. We wanted to throw a nightlife event in the club. The agreement was 50%. I put up an X amount of money. In the 4 Digits ($x,xxx) .. The other guy put up $0

The agreement was I take 50% of the cut, AFTER I recoup from the night.

We had scheduled meetings and I was lied to about the time. He went to the meetings and I didn't go. Once everything was finally finalized with dates & times with the venue, the guy immediately told me he didn't want me apart of the company and that I'm only getting 10%.

I have all the txt messages from him from beginning of the partnership to our current issue now.


As the investor, i'm looking to submit a Cease & Desist on the event because of the breach of verbal agreement. I did not take up all the risks to agree to 10%. Plus, I do not believe he would actually give me the money since he has already broken his word the first time.



Is this the correct path to take?

A Cease & Desist carries no weight, other than "scaring" the other party into complying.

$XXXX does probably need at least an initial consultation with an attorney. That's a chunk of money to lose.

 

[quincy]

What is the name of your state (Tennessee)?


I had a verbal agreement (I know bad) with a another guy. We wanted to throw a nightlife event in the club. The agreement was 50%. I put up an X amount of money. In the 4 Digits ($x,xxx) .. The other guy put up $0

The agreement was I take 50% of the cut, AFTER I recoup from the night.

We had scheduled meetings and I was lied to about the time. He went to the meetings and I didn't go. Once everything was finally finalized with dates & times with the venue, the guy immediately told me he didn't want me apart of the company and that I'm only getting 10%.

I have all the txt messages from him from beginning of the partnership to our current issue now.


As the investor, i'm looking to submit a Cease & Desist on the event because of the breach of verbal agreement. I did not take up all the risks to agree to 10%. Plus, I do not believe he would actually give me the money since he has already broken his word the first time.



Is this the correct path to take?

Do you at least have a receipt for the $X,XXX that you put up for the event, even if all of your other arrangements were text messages or orally agreed to?

 

[quietbutloud]

Not all of them, but I have Text Messages from him acknowledging that I put up the $X,XXX and that he put up $0


Though, the Cease & Desist carries no big weight, it will without a doubt get him booted from the venue. He will be forced to cancel the show and as the investor, wouldnt I be entitled to 100% of my money back?


He's basically stealing from me. Or at least trying to.


At one point he even mentioned just giving me 10% and not giving me my initial $X,XXX that I put in.

 

[Proserpina]

Not all of them, but I have Text Messages from him acknowledging that I put up the $X,XXX and that he put up $0


Though, the Cease & Desist carries no big weight, it will without a doubt get him booted from the venue. He will be forced to cancel the show and as the investor, wouldnt I be entitled to 100% of my money back?


He's basically stealing from me. Or at least trying to.


At one point he even mentioned just giving me 10% and not giving me my initial $X,XXX that I put in.

Well, you better hope that any of those involved don't know anything about the law.

 

[quincy]

Not all of them, but I have Text Messages from him acknowledging that I put up the $X,XXX and that he put up $0


Though, the Cease & Desist carries no big weight, it will without a doubt get him booted from the venue. He will be forced to cancel the show and as the investor, wouldnt I be entitled to 100% of my money back?


He's basically stealing from me. Or at least trying to.


At one point he even mentioned just giving me 10% and not giving me my initial $X,XXX that I put in.

A cease and desist will not force your partner into cancelling any show. A cease and desist letter notifies the recipient of the sender's demands (e.g., Pay me my $X,XXX) and informs the recipient of an "or else" (e.g., or legal action will be taken against you).

But there is no force of law behind a cease and desist letter. The recipient of the cease and desist letter (whether sent you or by an attorney) is free to ignore the letter entirely, although some people who receive a C&D, especially if it comes from an attorney, will be intimidated into meeting the demands being made, so no legal action will be required. Sending a cease and desist letter is often the best first step to take, in hopes of avoiding a legal action.

If the letter's demands are not met, however, then the sender of the letter (you, in this case) will need to decide whether to move forward with a legal action.

For the legal action in your case (the refund of your money), you will need to have proof that an oral contract was formed and your partner breached the terms of this oral contract. You support your contention that an oral agreement was made with the text messages and emails between you and your partner. Whether this is enough for a court to rule in your favor is a question mark. You have at least a 50-50 chance of being successful.