Do I have any chance of actually winning?

[Cduran18]

Last year my ex-business partner and my self built a food truck with intent of selling in it. It costed around $7k each one. We never signed any type of contracts. And now he wants to sell it without giving me a single cent! The only things I have in my possession are receipts and a city permit stating me and his name as owners of the business. I intent to sue him in small claims.

 

[Just Blue]

Last year my ex-business partner and my self built a food truck with intent of selling in it. It costed around $7k each one. We never signed any type of contracts. And now he wants to sell it without giving me a single cent! The only things I have in my possession are receipts and a city permit stating me and his name as owners of the business. I intent to sue him in small claims.

What state?

 

[Cduran18]

What state?

Texas

 

[quincy]

Last year my ex-business partner and my self built a food truck with intent of selling in it. It costed around $7k each one. We never signed any type of contracts. And now he wants to sell it without giving me a single cent! The only things I have in my possession are receipts and a city permit stating me and his name as owners of the business. I intent to sue him in small claims.

Are you looking to recover just your $7,000 investment in the food truck? Or does your business have other assets?

Here is a link to information on small claims actions in Texas:

https://guides.sll.texas.gov/small-claims

In what county of Texas do you and your ex business partner live?

 

[Zigner]

Last year my ex-business partner and my self built a food truck with intent of selling in it. It costed around $7k each one. We never signed any type of contracts. And now he wants to sell it without giving me a single cent! The only things I have in my possession are receipts and a city permit stating me and his name as owners of the business. I intent to sue him in small claims.

Did you have a question?

 

[quincy]

Did you have a question?

The question is in the thread title: “Do I have a chance of actually winning?”

The answer: Yes. There is a chance.

 

[Zigner]

The question is in the thread title: “Do I have a chance of actually winning?”

The answer: Yes. There is a chance.

Fair enough.

 

[adjusterjack]

Last year my ex-business partner and my self built a food truck

Whose name(s) is/are on the title?

We never signed any type of contracts.

Well, that was dumb.

And now he wants to sell it without giving me a single cent!

Wants to? There is no "wants to" there is only do or not do. What is he actually doing? Is he advertising it? Who has the keys? Who has possession? What does he say his reason is for not giving you a single cent?

The only things I have in my possession are receipts and a city permit stating me and his name as owners of the business.

That's a good start.

Do I have any chance of actually winning?

Yes.

 

[Zigner]

What is "winning"? Does the OP want $7,000? Does the OP want the truck? Does the OP want a share of the actual value of the business? Does the OP even know what the actual value of the business is? Does the OP know what the actual value of the truck is?

That's what I was really getting at...

 

[quincy]

In Texas, the amount you can sue for in a small claims action is $10,000. If Cduran is seeking much more than recovery of his initial $7,000 investment in the food truck, s/he would be smart to speak with an attorney in Texas.

 

[zddoodah]

No one here can intelligently say you have no chance of winning, so the answer to "do I have any chance" has to be yes.

 

[Litigator22]

Last year my ex-business partner and my self built a food truck with intent of selling in it. It costed around $7k each one. We never signed any type of contracts. And now he wants to sell it without giving me a single cent! The only things I have in my possession are receipts and a city permit stating me and his name as owners of the business. I intent to sue him in small claims.

What are your chances? First of all we can rule out any chance of preventing the guy from selling the truck or you having a direct legal right to any of the proceeds of the sale of the truck. The reason is obvious; you are not on the title to the truck. If you were you wouldn't be asking the question.

Secondly there appears no legal grounds supporting a claim for breach of contract on the part of the other guy. You admit there is nothing in writing committing either or you to jointly launch and operate a food-truck business.

And even if you were to establish a verbal agreement that once converted his truck would be employed in that projected venture, there would be no prior history of business activity from which the court could extrapolate/calculate a dollar figure as your damages. Assessing any such award of damages would be based on blind speculation. Something the courts are not permitted to do.

However, it seems clear that you have indeed suffered a loss. That loss being what it "costed" out of your own pocket to convert the guy's truck into a serviceable food-truck. All of which you did with a mutual understanding that it would it used for that purpose.

For this there is a remedy in court. It is called an equitable remedy known as "unjust enrichment". If you would like me to elaborate on how you might go about suing the guy for unjust enrichment and some of the difficulties and pitfalls, let me know.