What is the name of your state?What is the name of your state? Ohio
I sold my accounting practice (non-CPA) to a CPA in 1999. Per the sales agreement, the other accountant had use of my name with his in the company name (i.e His Name, My Name, CPAs, Inc.) for a period of two years. Obviously, that time frame has expired, as has the non-compete. Being ready to go back out on my own (kids in school, more time, etc.), I have discovered that he has continued use of this name, as well as implying to clients that I am still involved with the firm, and has even said that I am a partner. There was a transition time during which I participated on a consultant basis, but I never had any ownership of the new company. I have contacted him directly and he refuses to remove the name.
Here's what I've done to this point:
Contacted an attorney thru PPL. She wrote him a couple of letters, which is how we discovered he wasn't going to do anything. First he said he'd take care of it, then he refused. The attorney has informed me that my only grounds for suit are breach of contract, which as I understand it, does not allow me to recoup legal fees or costs, and I can't cover the $5k she said it would cost to get the judgment forcing him to remove the name.
Contacted the Accountancy Board of Ohio, since it violates ORC 4701, which states that public accounting firms cannot use a name that is misleading to the public. To me, this is pretty black and white, but apparently the Board does not agree with me. They opened a case, but have since closed it and it has remained so even upon appeal.
What's my next step here? Do I even have one? Who enforces the ORC? I poked around on the Attorney General's site, but couldn't find anything other than a Consumer Complaint Form, which I didn't think really applied. Do I have any other grounds to get a judgment where I could recover costs? Are there any other agencies that can enfore the Code and avoid the whole court thing entirely?
I would appreciate any help or advice.
Thank you.
I sold my accounting practice (non-CPA) to a CPA in 1999. Per the sales agreement, the other accountant had use of my name with his in the company name (i.e His Name, My Name, CPAs, Inc.) for a period of two years. Obviously, that time frame has expired, as has the non-compete. Being ready to go back out on my own (kids in school, more time, etc.), I have discovered that he has continued use of this name, as well as implying to clients that I am still involved with the firm, and has even said that I am a partner. There was a transition time during which I participated on a consultant basis, but I never had any ownership of the new company. I have contacted him directly and he refuses to remove the name.
Here's what I've done to this point:
Contacted an attorney thru PPL. She wrote him a couple of letters, which is how we discovered he wasn't going to do anything. First he said he'd take care of it, then he refused. The attorney has informed me that my only grounds for suit are breach of contract, which as I understand it, does not allow me to recoup legal fees or costs, and I can't cover the $5k she said it would cost to get the judgment forcing him to remove the name.
Contacted the Accountancy Board of Ohio, since it violates ORC 4701, which states that public accounting firms cannot use a name that is misleading to the public. To me, this is pretty black and white, but apparently the Board does not agree with me. They opened a case, but have since closed it and it has remained so even upon appeal.
What's my next step here? Do I even have one? Who enforces the ORC? I poked around on the Attorney General's site, but couldn't find anything other than a Consumer Complaint Form, which I didn't think really applied. Do I have any other grounds to get a judgment where I could recover costs? Are there any other agencies that can enfore the Code and avoid the whole court thing entirely?
I would appreciate any help or advice.
Thank you.