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Forced out of business by one partner, how do I recover money due from business?

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needadvise1

Junior Member
Anaheim, CA.

Hello,

I purchased a liquor store using a LLC with 2 others (I will call them John and Mark here) in Oct 2005. I quit my job as a Programmer to manage it along with John. However, a few months ago I was forced out of the business due to differences with Mark (who is the main investor and sleeping partner). I verbally agreed to take a payout of $45,000 and so far I have been paid $22,000. I have post-dated checks that show the amount due to me now - this is the only proof I have for the money due as a partner. I was not a partner on the LLC papers but I was the authorized signatory for the bank checks and the second phone line is in my name. I can also produce witnesses who can testify to me being a partner.

When I was forced out, I was that I would get the full amount if and when the store is sold. Now, Mark has agreed to sell the store to John and refuses to pay the remaining balance to me. My questions:

1. What rights do I have to collect the money due to me?
2. What type of lawyer can I see for this?
3. Will filing a court case put a lien on any escrow opened?
4. The checks made out to me are from the Liquor Store signed by John (the 3rd partner) - not from Mark so is Mark still liable for this breach of trust?

Thank you.

FrankWhat is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state?
 


clueless3

Member
You entered a partnership without any written agreement! And now you want the rest of the $44,000. This is all that you want, right?

The amount is large enough to justify getting yourself a lawyer.
 

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