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BizIPEsq., Attorney
Category: Business Law
Satisfied Customers: 996
Experience:  I am a business attorney. I represent individuals and companies with all business related matters.
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A few months ago, my best friend and I went into business together

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A few months ago, my best friend and I went into business together (online retail market) but had not yet written up an official contract saying we were parents, it was something we would have most likely done once we official opened our online store. The only proof I have that we were partners are text messages as well as emails and witnesses who knew we were partners.

I paid for all of the product up front and he was supposed to pay me back but never did and has now left the partnership over personal issues. He now refuses to pay for half of the start up cost of the business including domain name and inventory. Do I have a case if I go to small claims court.

BizIPEsq. :

Hello, I will be assisting you

BizIPEsq. :

You do have a "case" against your former partner

BizIPEsq. :

How much did you pay for the product? What are you planning to do with the product?

Customer: The total cost so far is roughly $7,000. I was stupid not to make him pay at the same time I did but I trusted him. I wanted to sell the product and write a contract stating that he would get half of all the product but he wouldn't go for it so now I don't even want it. I want him to pay his half of the expenses. I don't know if I would have to give him profit for half of the inventory or not. The issue is I'm now on the hook for $7,000 and I'd rather not have to use my university fund to cover it.
Customer: what do you suggest I do with the inventory ?
BizIPEsq. :

you could sell / return the inventory and if you sell / return at a loss you could "ask" your partner (or sue in court) to cover the deficiency

BizIPEsq. :

if you can sell the good at a profit then you should claim that the entire profit is yours

BizIPEsq. :

do you have any email / sms exchnages between you and your former partner?

Customer: So does this mean he would pay half the cost and receive no profit?
Customer: Yes emails as well as SMS
BizIPEsq. :

excellent. emails and sms are in effect written agreements... that would evidence your partnership

BizIPEsq. :

realistically, do you think you will be able to sell the goods?

BizIPEsq. :

at a profit?

Customer: To be honest I have no idea at this point, we both took a gamble starting the business.
BizIPEsq. :

You could take the matter to small claims court and bring as evidence the email and SMSs and demand $3500

BizIPEsq. :

you would give your partner 1/2 of the goods and that would be it

BizIPEsq. :

the key for you is to put together the evidence where the two of you discuss the partnership

Customer: I can definitely put enough evidence together...will witnesses who knew we were partners also help my proof on top of emails and SMS?
BizIPEsq. :

yes, absolutely!

BizIPEsq. :

witnesses and written evidence are the best ways to prove your case

Customer: Perfect!
BizIPEsq. :

I trust this answered your question

BizIPEsq. :

Please rate my service.

BizIPEsq. :

Without your rating I do not get compensated for my work

Customer: Yes it did answer my question thank you!
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