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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41220
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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i went into business with this lady she owns only 30 percent

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i went into business with this lady she owns only 30 percent we just started and haven't made a profit yet. we got into a bad argument. and that night she broke into the place of business and took everything out plus my personal property and wont give it back .then gave me a resigner to stay away from the business and is putting things back in to start the business again without me and changing the name/ can she do this

Thank you for your question. Please permit me to assist you with your concerns.

If I may ask, is there a formal agreement in place, such as articles of partnership or operation?
Customer: replied 3 years ago.


Thank you for your post.

What, if anything, did you have in place proving that a partnership existed?
Customer: replied 3 years ago.

thse place we rented was in her name and opened a bank account with both our name

Did you open commercial bank accounts or business checking, or just a regular bank account?
Customer: replied 3 years ago.


Thank you for your follow-up.

That helps tremendously. Here are a couple of concerns that I see here.

1. The property is under her name solely. Until and if you can prove that you had a business interest, she can keep you off the premises as you aren't on the lease.

2. The issue about removing your personal property can be pursued via small claims court. She is not entitled to your property and you can take her to court so as to demand a return of your items or value for those items that she is wrongfully withholding.

3. Provided you can prove there was a formal business in place (fairly tough without anything in writing or anything to point to other than the bank account), you can sue for value of the business and for breach of fiduciary duty owed to you and to the business when she removed you from the business name and began essentially competing against the initial entity. That may require you to consider retaining counsel.

Good luck.

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