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WALLSTREETFIGHTER
WALLSTREETFIGHTER, Attorney
Category: Legal
Satisfied Customers: 16142
Experience:  14 years experience in representing clients, current member of legalshield, legal club of america, NYSUT and UFT attorney
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I started a partnership back in March. Since then my "partner"

Customer Question

I started a partnership back in March. Since then my "partner" hasn't done anything or put anything in financially. She doesn't even reply to my calls or texts. Do I have to dissolve the business to get her out of the partnership?
Submitted: 1 year ago.
Category: Legal
Expert:  WALLSTREETFIGHTER replied 1 year ago.

WALLSTREETLAW :

Hello I am a licensed attorney. I am here to help answer your questions. Please do not hesitate to ask for clarification

WALLSTREETLAW :

In cases such as these, which are common, you can sue the other partner and force her to leave,

WALLSTREETLAW :

you can buy her out as well for whatever she put in,

WALLSTREETLAW :

or dissolve the partnership and create your own,

Customer:

She hasn't put a dime into the business and I'd rather not sue as neither one of us has made any money yet. It is a linen rental business from my home and her name is XXXXX XXXXX except the DBA.

Customer:

If I dissolve the partnership on my own does she need to sign off or will I still be able to use the name?

WALLSTREETLAW :

Than I would consider sending her a certified letter stating that she has not acted in anyway as a partner, and that she no longer will be involved with the business,

WALLSTREETLAW :

and consider starting a new DBA with your name alone, and cancel the previous one

Customer:

Can I cancel the current DBA by myself? I have the name on everything already so I would like to still use the name.

WALLSTREETLAW :

If she is on the DBA,

WALLSTREETLAW :

you will need her permission,

WALLSTREETLAW :

so you should send her a letter asking her to pay you for the expenses of the business and advise her that she will not be entitled to any profits if she does not pay,

WALLSTREETLAW :

this way she may agree to sign a form to remove herself

Customer:

so she would have to come to the county clerks office with me and sign the discontinuance of business form?

WALLSTREETLAW :

yes, or you can bring the form and have her sign it,

WALLSTREETLAW :

or sue her in small claims court, which is easier and cheaper,

Customer:

so she can sign it then i can take it to the county clerk and file it without her?

WALLSTREETLAW :

yes, she would not have to go to the clerks office,

Customer:

ugh, what a bad idea that whole ordeal was.

WALLSTREETLAW :

Or you can create an agreement that states she is no longer a partner,

WALLSTREETLAW :

and have her sign it,

WALLSTREETLAW :

that would be enforceable,

WALLSTREETLAW :

I would have it notarized,

Customer:

Thank you, XXXXX XXXXX did just dissolve the business, then I would have to get rid of the tax id number as well?

Customer:

and I could still run it under my name as a sole proprietor without even filing another DBA

WALLSTREETLAW :

you can still run it,

WALLSTREETLAW :

you are just amending the forms by removing a partner,

WALLSTREETLAW :

if you have a written agreement stating she has not partnership rights,

WALLSTREETLAW :

then you can keep the DBA as it is,

WALLSTREETLAW :

and she cannot later sue you claiming partnership rights,

Customer:

Ok, sounds good. I think that is all I need.

WALLSTREETLAW :

Good luck,

WALLSTREETLAW :

and if you have any further questions please do not hesitate to ask

WALLSTREETLAW :

If satisfied please provide us with positive feedback, thank you,

Customer:

Thank you very much.

WALLSTREETFIGHTER, Attorney
Category: Legal
Satisfied Customers: 16142
Experience: 14 years experience in representing clients, current member of legalshield, legal club of america, NYSUT and UFT attorney
WALLSTREETFIGHTER and 9 other Legal Specialists are ready to help you
Customer: replied 1 year ago.
What do I say in the letter that I should send certified mail? I cannot get her to answer my calls, emails, or texts.
Expert:  WALLSTREETFIGHTER replied 1 year ago.
state to her in the letter that as a partner she is liable for her share of expenses, and you will be billing her daily unless she agrees to sign a form stating she no longer wants to be involved.
Customer: replied 1 year ago.
So I can't just back out of the partnership myself? I do not want to incur any legal fees or anything for something stupid. Or can I just type up a letter stating that she is no longer a partner and send it to her?
Expert:  WALLSTREETFIGHTER replied 1 year ago.
if she is not cooperating you can send her a letter stating that she no longer is a partner and will not share in any profits as she has abandoned her duties.
Customer: replied 1 year ago.
And that is enough? Won't her name still be on the business that way though?
Expert:  WALLSTREETFIGHTER replied 1 year ago.
yes, it would be on the form, unless a court order releases her you to disband it.

I have advised you that if you send a letter to her stating she is not acting as a partner, if she later comes back to you and tries to claim profits, the fact you sent her these letters, shows she was not acting as a partner and she would not be entitled to anything.

The fact she has not responded to your letters, shows she is not involved, that is why I suggest you sending them
Customer: replied 1 year ago.
Ok thanks again
Expert:  WALLSTREETFIGHTER replied 1 year ago.
good luck

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