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question: what type of partnership did you form with the partner? Was it a corporation, LLC?
We didn't form that kind of partnership. It wasn't a corp or LLC. We went to the courthouse and opened a business and put both our names on the application under partnership. That's the only partnership document I have.
I'll share with you the other documents I have. He used my license for 8 years to get building permits. He signed my name (forgery) on the building permit applications.
I apologize my question is so long to explain.
I understand. In a partnership unless there is an agreement to the contrary the presumption is that each partner gets 50% of the profits. Realistically, as you correctly noted you may have a host of causes of action that are available to you as you pursue a law suit against the partner
before you do that, have you presented a formal demand to the partner for the money owed?
if you haven't yet, based on the amount owed I recommend that you retain an attorney to write a demand letter. getting a demand letter from an attorney may cause the partner to come to the realization that they need to settle with you
yes, my attorney sent a demand letter for $60k and his attorney refused. So, my attorney says the $60k is off the table now. I am trying to gain as much knowledge as possible cause my attorney may not have business experience.
as part of the action your attorney will file you will have the right to demand accounting of all the business affairs to date. Assuming it's not a cash business and bank accounts were used the info would be availbale
ok, here's my last question. By using my state license he saved over $200k by not having to hire a licensed employee as required in Georgia. Can I sue for a percentage of those savings?
I'm not sure if you can sue him for the use of your license as the license may not be transferable in such manner. However you should take the entire amount earned in the aggregate in the partnership and sue for at least 1/2 of it
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