Need to Close Business Bank Account in Former Business Partner's Name Only

[That_Girl]

What is the name of your state (only U.S. law)? Ohio

My business partner and I each owned 50% of an LLC we had started several years ago. After learning of some illegal things that he was doing, like funneling money into his own accounts, etc., I confronted him and got him to sign off his half of the business by telling him court would be his other option. He signed off on a witnessed and notarzied amendment to our company's Articles stating that he was no longer part of the company, that he would hand over all business documents, post office keys, etc. and close all bank and debit cards opened under the company name. To date, he has done none of these things and he agreed to this back in April. The bank refuses to close the bank account and transfer the money from that business account to the new account-they say they need a court order to do so. The small claims and civil division of our local court says that they handle monetary issues only and that the notarized statement should have been all the bank needed to close the account. They also recommended hiring an attorney, but that would require funds, which has been significantly diminished thanks to my former partner's siphoning. I need help, please.

 

[ariastar]

You get one shot at this. You had better get an attorney.

 

[JETX]

The small claims and civil division of our local court says that they handle monetary issues only

That is correct.

and that the notarized statement should have been all the bank needed to close the account.

That is NOT correct. Absent a specific instruction to do so from the account holder, naming account, account number, etc., the bank has no obligation to close an account.

They also recommended hiring an attorney, but that would require funds, which has been significantly diminished thanks to my former partner's siphoning. I need help, please.

Yep... sometimes the price of justice costs money. Go to Find Attorneys & Lawyers - AttorneyPages.com Attorney Directory and find a local attorney. Depending on the facts, the attorney might consider a contingent fee for this case.