• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Business debt advice

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

What is the name of your state? Oklahoma
a Lawyer about I sold 60 k worth of Equiptment to another company on my paper.. At the time I had another person with me that had his small business... He went back later and the company I sold Equiptment to paid him or his company and now I’m stuck owing for Equiptment I didn’t get paid for
 


justalayman

Senior Member
Make a demand from the buyer for payment. If he argues he paid your friend, tell him he had no authority to accept payment on your behalf.
 

adjusterjack

Senior Member
Google "apparent authority." I think OP will be hard pressed to get the buyer to pay twice.

His beef is with the person that collected the money.
 
That’s what I plan on doing legally I can prove I bought and sold equipment to them.. with invoice so that would have to prove they paid it to me??? If this goes to court the third party did this on purpose. We no longer do business and they don’t any money to get why the stole mine...
 

justalayman

Senior Member
Google "apparent authority." I think OP will be hard pressed to get the buyer to pay twice.

His beef is with the person that collected the money.
It will depend on the facts of the situation that we don’t have. If the op acted or treated the friend in a manner that would make the buyer believe he had authority I would tend to agree. If he was merely with the op, then it’s a much harder argument to make. So, I still suggest starting with making a demand from the buyer. The results from that action will help op figure out their next step.


Then, if there is an argument the buyer can sustain the apparent authority argument, then op can go after the friend that received the funds.

The op may benefit by involving the police as well. While they may brush this off as a civil mattter, it isn’t impossible consider it a criminal act on the part of the friend to having engaged in fraud in order to receive the money.
 

justalayman

Senior Member
That’s what I plan on doing legally I can prove I bought and sold equipment to them.. with invoice so that would have to prove they paid it to me??? If this goes to court the third party did this on purpose. We no longer do business and they don’t any money to get why the stole mine...
No. As adjusterjack suggests, there is a possibility of the buyer claiming your friend had the authority to collect the payment. If so, then as jack suggests, you would look to your friend for the money.

Jack jumped ahead of where I was. You have given no information that would support nor refute a claim of apparent authority. I was simply giving a place to start. Once you have the buyers response, then you can start to determine if there is an argument of apparent authority by the buyer or if the buyer made a poor decision and paid money to an acquaintence of yours simply because they accompanied you at the time of interacting with the buyer. If they had, then shame on them for paying somebody that they had no reason to believe they had the authority to collect payment on your behalf.
 
I thought the payment legally should have been made out to the invoicing company. If check was made to invoicing company there would be no way for third party to cash it.. and I have no clue how y’all understood my last post . I just reread it and made know sense and I wrote it.lol.
 
We was together on the load but my company . Wrote the check and we was splitting profit.. therefore when the load was delivered we sold to one of his customers. His company was JH Bit Service . The invoice that they received was lake country Bit and Supply LLC. They got invoice from lake country therefore legally can they pay JH Bit Service and claim ignorance?
 

justalayman

Senior Member
We was together on the load but my company . Wrote the check and we was splitting profit.. therefore when the load was delivered we sold to one of his customers. His company was JH Bit Service . The invoice that they received was lake country Bit and Supply LLC. They got invoice from lake country therefore legally can they pay JH Bit Service and claim ignorance?
It makes it more difficult but it doesn’t totally remove the possibility there was some understanding there was a connection between the two companies that may have allowed it, especially given your statement that you were splitting profit. If the buyer was aware of that, it actually leads to more of a defense on his part. He can argue the sale was represented as a joint business transaction and as such it didn’t really matter who received the money.

So, have you asked the buyer for payment? If so, what was the response, and then your response to him and so on?


And have you asked your selling partner for your share of the proceeds? If so, what was his response?

The deeper you get into an explanation of the situation, the more it sounds like are probably relegated to seeking payment from the business that received the payments.
 
Yes I ask the guy for the money. He basically said he owed for this and that to the purchaser which I wasn’t aware of long story short . I reviewed 2300 of the 65000 I was owed and he has no more money.. This is why we are currently not doing business again.
 
They still have my invoice that they have not paid. I thought they are suppose to pay the company invoicing them... If not what is the point in having a company invoice.
 

justalayman

Senior Member
They still have my invoice that they have not paid. I thought they are suppose to pay the company invoicing them... If not what is the point in having a company invoice.
They should pay the invoicing company but you have described a complicated situation where the buyer may be able to justify paying your former associate. Given the amount of money involved, I suggest you run this by a local attorney. This is a complicated issue and there are facts the attorney is likely able to ascertain by a first hand review of the documents and a direct discussion with you that isn’t available here.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top