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Partners closed business w/o consent, stole records, money

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A

aiethne

Guest
What is the name of your state? Texas
My husband and his "friends" joined into a general partnership and opened drafting business. One left early. Then there were four. They worked fine and got money in. Then the three suddenly told him one day they didnt want Mike around and told him to leave and gave him a withdrawl to sign. He said he would as soon as he got all of the records, bank statements, tax info, etc...etc...that he needed and that was outlined as rightfully his in the Partnership agreement. They have (on more than one occassion) outright told him no, they are not giving them to him. So he said he isnt leaving the company, he never signed the withdrawl.
Well...apparently there is a rumor (emphasis on rumor since all he recieved was an unsigned note on the company letterhead stating that they were shutting the doors) that they dissolved/closed the partnership and opened the business under the same name, except with LLC this time. So, legally, a whole new company. <u>But</u>, there is a high possibilty that they are taking the old company revenues and funds (that were outlined in the agreement to be used for debt and distributed to partners) and putting it into the new company. And STILL...they will not give him the records...even with tax season coming up!!
So he sent a certified letter to them demanding the papers or he will take legal action...but we need to find help. These people are crooks, yeah...but he would have let them go had they just given Mike what he needed to do his taxes, etc and go on.
Oh, and something else. These "partners" had ME open a postoffice box for them while they were getting the DBA, so that there would be an official address for the company. My signature is on the box...I added them as allowed to recieve and p/u mail there...but the box is mine. Found out that they havent paid on it and now <u>I</u> am in debt by $120 plus the keys that I cant get from the partners, and then changing the locks fines,etc...etc...etc...
The lady who works at the mail place handed me my mail as soon I got there. It was a check to the "old" business (not the LLC) for work done before they "closed" the doors. Mike has it, has not opened it or anything and do not know what to do.
Any advice?! ...we dont have the money for legal help...and we are not poor enough for state aid! Agh!
 


P

PatrickFlanagan

Guest
***Find a lawyer. Your situation seems complicated enough to warrant professional help.

<quote>...we dont have the money for legal help...</quote>

Are you sure? Yes, there are definitely some high priced attorneys. However, some are quite reasonable. You may have to do some searching and interview several attorneys, but you're situation warrants professional help.

<quote>...and we are not poor enough for state aid!</quote>

There are other alternatives. Check your local Chambers of Commerce, Law Schools and Civic Organizations. I don't know about Austin specifically, but many of these avenues have no/low fee arrangements with volunteer or member attorneys.
 

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