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socrateaser, Lawyer
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I WAS A TAX FRANCHISEE FOR OVER 10 YEARS. Had reveived 1 letter

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I WAS A TAX FRANCHISEE FOR OVER 10 YEARS. Had reveived 1 letter of aggreement good for 5 years. Befoe the first 5 yr term ended I received the second 5 year Leter of Aggreement. We were not satisfied with the first 5 yr and made many changes to the second agreement, holding the corp accountable. We were a franchisee for Liberty Tax Service.
We never received the second 5 yr aggreement signed. It wasn't until we decided the company was no good (had lost numerous times in court for racketeering, etc.. Not having the second agreement signed we quit Liberty, changed the name and sold the tax business to another.

Liberty is suing us for almost 400K.. When you review the paper work sent from liberty lawyer the 1st agreement was signws Dec 21, 2001 effective the tax yr starting Jan 2002.

^ yr later we received the 2nd Agreement for Liberty.. It was dated June 05 2007. My changes were not included in the Agreement.. the agreement was received 6 yr late. The 1 st agreeemnt ended Dec 2006. The 2nd agreement should have been dated PRIOR TO START OF 2nd 5yr peroid. It was signed June 05, 2007..which is 6 months after the 2ns should have started or 2 months after the IRS TAX SEASON ENDED.
I would like to SUE liberty to regain my Lawyer fees, etc...

My question... How do I file suite against Liberty. I was told to file criminal charges agaijst Liberty for falsfying documentation, lieing under oath and racketeering.. What do you suggest/recommendate

JOHN J CALLAHAN (NNN) NNN-NNNN
WK(NNN) NNN-NNNN
Submitted: 1 year ago.
Category: Legal
Expert:  socrateaser replied 1 year ago.
Hello,

I'm having trouble following your stated facts. It appears to me that even if your second agreement was effective June 5, 2007, it would have expired June 5, 2012 (5 years). So, the question is, what exactly is the basis of the plaintiff's lawsuit? How are you in breach of an expired contract?

Thanks in advance.
Customer: replied 1 year ago.

The first agreement ended in Dec 2006... We were doing Taxes in 2007 (tax season Jan-Apr 15) Without a signed dated etc agreement.. We did not know that Liberty did not include my changes to the agreement until 6 years later. As far as we knew either Liberty acceptd my changes or we were withouty an agreement.

Customer: replied 1 year ago.

Liberty says I can not sell or do taxes for 2 years ..Trouble is we did not know Liberty signed the 2nd agreement until6 yr later. We did not have a legal dated signerd agreement ...lIBERTY DID NOT WANT TO INCLUDE MY CHANGES SWO THEY SAT ON THE aGREEMENT UNTIL i QUIT... tHEN DEMANDED WE FOLLOW THE post agreement requirements...

Customer: replied 1 year ago.


The 2 agreements should have continued without a break. The 1st ended in dec 2006... the 2nd didnt actually start until the 2008 tax season. We were without an agreement for the 2007 tax season

 

I was interviewed by the IRS and the DOJ for over 3hrs. They are preparing a case against LIBERTY for racketeering, false etc... IRS/DOJ was very interested in my case.

Expert:  socrateaser replied 1 year ago.
From what you allege, it would appear that Liberty cannot succeed in a lawsuit against you, by signing the agreement years after you originally signed and sent it to Liberty -- because you relied to your detriment on Liberty's silence and you acted as if you were in a franchise during the entire five years of the contract's duration -- under the assumption that Liberty accepted your changes. So, either, you had an agreement on your modified terms, or you had no agreement at all -- in either case, the agreement expired before you sold the business to a third party, and you are not liable to Liberty for anything.

Regardless, you will have to defend that the contract is expired, and that you were not under any obligation to Liberty at the time that you sold your business.

Concerning your suing Liberty, assuming you can successfully defend, you may have a claim for wrongful institution of civil proceedings/malicious prosecution, if it is shown that Liberty's lawsuit is entirely without merit. And, if you were damaged by the various claims made by the government and others against Liberty during the course of either the first or second contract, then you may have a claim of breach of contract, in that Liberty failed to maintain a reasonable level of good will in its product, which is the principal thing that you were contracting for -- i.e., favorable market exposure.

Criminal complaints are not actionable by a private party. So, while you can complain to government, you cannot recover damages from the defendant.

I think I've covered your question. Please let me know if I can clarify anything or provide further assistance.

Hope this helps.
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 34674
Experience: Retired (mostly)
socrateaser and 8 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

THANKS...it loks like I can go from here.

Expert:  socrateaser replied 1 year ago.
You're welcome and good luck!

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socrateaser
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Retired (mostly)