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Damien Bosco
Damien Bosco, Attorney
Category: Business Law
Satisfied Customers: 2234
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I have a partner who has become distant and difficult. We

Customer Question

I have a partner who has become distant and difficult. We basically have one client we service. It appears he won't talk to me and still visits the client. We have been invoicing the client through his company then he pays me half. Now Im concerned first he won't pay me half and second that it keeps going through his company when hes not doing the work. How do I get clarification where we are if he doesn't talk and what is to be done with the client? he or I could try to keep it but legally how do I pursue this?
Submitted: 2 months ago.
Category: Business Law
Expert:  Damien Bosco replied 2 months ago.

Hello. Some inquires here: Is there a written contract with the client? It sounds like the client pays your partner's company. If he is your partner, how are you partners. The concern here is that it appears that the client is his company client and not your client. What type of arrangement is all this?

Customer: replied 2 months ago.

No written contract - just a monthly agreed service with the client. We provide - he pays as invoiced by my partner's llc OTP. My partner and I share the work for the client and verbally agreed to split the funds. So Id first like to have my partner stop invoicing the client from OTP and invoice via our joint LLC. The joint llc ITA is in his name but I have a written agreement that any proceeds written to our ITA business account will be split 50/50.

Expert:  Damien Bosco replied 2 months ago.

Thanks for the additional information. Does the client know that you are involved?

Customer: replied 2 months ago.

Yes, I am in touch with them and have been coordinating payment as well as the design and implementation work.

Expert:  Damien Bosco replied 2 months ago.

There are various options you can take in this difficult situation. None of the options will be idea unless your partner is cooperative. It appears that the client is a client of the current LLC, and would be of the other LLC where you have a written agreement. You can deal with the client directly to change the LLCs but if your partner objects, your partner can claim you are interfering with his business. If you want we can brainstorm options. Legally, it seems that the client is of the LLC since payment is going to the LLC and you are either in a joint venture or an independent contractor with the LLC. We have an additional service to speak on the phone to talk this out. There is an extra charge, if would you like me to send you the offer.

Expert:  Damien Bosco replied 2 months ago.

Hello. Do you have any follow up questions? Thank you.

Customer: replied 23 days ago.

I have a LLC (LEN) and my partner Sam has one (OTP). A year ago I have a written agreement with Sam that he owes me $23000 for IT services. He has been paying it monthly then stopped by claiming. He wants me to reimburse him for all travel (no agreement to do so ever), needs to see all invoices and checks written and deposited to LEN (I would give him his half). We have no written agreement except the $23000 he owes me and to be paid back at $2000 a month which he stopped doing. This could be endless going back 4 years of payments to / from his company looking for where he/I didn't get paid. But month to month we were square and I have no email stating he was owed anything. Now hes doing all he can to get out o f paying whats owed. What can/should I do to get the balance ($12070) paid to me and whats his defense to not pay?

Expert:  Damien Bosco replied 23 days ago.

Hi Mike: I can continue on this question. I will send you the premium service offer for an extended Q&A.

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