What is the name of your state (only U.S. law)? IL
My mother and a "friend" started a craft show jewelry business. There was no written contract, just an agreement between friends. My mother put $5000 into the business, the friend a little more. They had an agreement that they would jointly purchase supplies, but the friend started going on a spending spree and expecting her to pay for items they had never discussed. My mother insisted that they needed to discuss whatever purchases would be made for the business.
Mind, this was all verbal, nothing written.
She then found out the "friend" was starting to sell the jewelry they had made together at craft show in the area behind my mother's back. Then the friend refused to respond to phone calls, give back any supplies that were purchased before the business started. So, my mother finally filed a case in small claims court. She asked for her initial investment back, along with her personal supplies. BTW - this is not the first time the friend has done this to someone.
The friend had an attorney (not a small business attorney, but a friend), who states that mom did not specifically state what she wants, therefore the suit should be dismissed. My mother is on a fixed income and cannot afford an attorney at this time.
Her questions are (as she is not really computer literate so I am helping):
1. on what grounds can this actually be dismissed? My mother stated that she wants her money back. She has receipts of what she paid for, and was never involved in the craft shows as the other party was sneaky about it.
2. what chance does she have to get her funds back?
3. If she cannot get it all back, can she sue for half of the profits? This person sold some jewelry that my mother made personally.
Thank you in advance...
My mother and a "friend" started a craft show jewelry business. There was no written contract, just an agreement between friends. My mother put $5000 into the business, the friend a little more. They had an agreement that they would jointly purchase supplies, but the friend started going on a spending spree and expecting her to pay for items they had never discussed. My mother insisted that they needed to discuss whatever purchases would be made for the business.
Mind, this was all verbal, nothing written.
She then found out the "friend" was starting to sell the jewelry they had made together at craft show in the area behind my mother's back. Then the friend refused to respond to phone calls, give back any supplies that were purchased before the business started. So, my mother finally filed a case in small claims court. She asked for her initial investment back, along with her personal supplies. BTW - this is not the first time the friend has done this to someone.
The friend had an attorney (not a small business attorney, but a friend), who states that mom did not specifically state what she wants, therefore the suit should be dismissed. My mother is on a fixed income and cannot afford an attorney at this time.
Her questions are (as she is not really computer literate so I am helping):
1. on what grounds can this actually be dismissed? My mother stated that she wants her money back. She has receipts of what she paid for, and was never involved in the craft shows as the other party was sneaky about it.
2. what chance does she have to get her funds back?
3. If she cannot get it all back, can she sue for half of the profits? This person sold some jewelry that my mother made personally.
Thank you in advance...
