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Legalease
Legalease, Attorney
Category: Business Law
Satisfied Customers: 16288
Experience:  14 years experience corps, LLC's and partnerships; preparation, negotiation of complex contracts and business agreements
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I own a business 50/50 with a partner. We have been having

Resolved Question:

I own a business 50/50 with a partner. We have been having troubles in the business and she has locked me out from participating. It is a general partnership in the state of TN and we are not a corporation.

She has gone to a lawyer and filed a restraining order to stop my from doing anything with the business and forcing me to give up access to the bank account and not be able to make any decisions regarding the business.

I have not been served with the restraining order. I got a copy from one of our business's vendors who emailed me a copy. In the restraining order it clearly says that it is not valid until the plaintiff (her) posts a bond of $5,000 to cover any harm to me. It also is dated March 6th. It also does not have a court date on it (there is a blank spot for this).

Is she allowed to fax this out to our vendors before it is valid. I do not believe she has posted the $5000 bond, and I have not been served with it, so I assume I wouldn't be until she posted the bond.

I am going to talk to a lawyer tomorrow but is she able to fax a non-valid restraining order out? This is causing companies to cancel contracts with us and harming the business.
Submitted: 4 years ago.
Category: Business Law
Expert:  Legalease replied 4 years ago.

Hello there

 

You do need to speak to a lawyer about this as soon as possible -- you are correct that she should not be sending this out to your clients without it being finalized and signed by a Judge and her posting the bond and at this point what she is doing is defamatory in nature -- especially if she never actually follows through and posts that bond. My suggestion as far as what actions you should take with an attorney is that he/she and you may want to try to stop this thing from happening entirely -- because it is very unusual for one owner to get a restraining order against another -- and you should also consider asking the court for an order to partition the business (depending upon whether you want to continue with the business or you can ask to be bought out of the business --one or the other of you can buy the other partner out of the business).

 

--MARY

 

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Customer: replied 4 years ago.
Mary,

She has shut off my access to our business checking out using this order before posting the bond. Can I go to the bank in the morning and demand they reinstate my access? I am going to meet with a lawyer I just am freaking out right now and would like some information today. Thanks so much!

-Scott
Expert:  Legalease replied 4 years ago.

Hello again

 

Legally, it should not be effective at the bank either but they may be taking the position that they do not want to be involved and would rather listen to what she is saying right now rather than release money to you and get into larger issues. You can try stopping at the bank tomorrow and pointing out that the order is not yet a legal order but you might be better off having the attorney do it (they will probably listen to the attorney quicker). If this is the first time meeting with the attorney then you should stress that the one thing you need him to do immediately is straighten out the issues with the bank accounts. What I believe is going to end up happening is the attorney will file a motion or request to the court to stop this restraining order or set it aside -- and that is what you need to happen quickly.

 

--MARY

 

 

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