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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 36984
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I have been in a partnership with someone for over 12 years

Resolved Question:

I have been in a partnership with someone for over 12 years now and he has all the money we have made. When I ask him for my share of it he ether says ha has no money or taxes are due. He owes me now over $150,000.00,how can I get my money out of him!!!???

Thanks for your time -- Don
Submitted: 8 months ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 8 months ago.
Thank you for your question, Don.

I am sorry that you are in this situation. Does the person physically have it, or is he refusing to release the funds from partnership accounts? What percentage of partner are you, and did you formally file with the state as an entity?
Customer: replied 8 months ago.

Well he owes me $75,000.00 from last year !! He is hideing it somewhere, he had to bale out his son last year for $350,000.00. So no telling what happened to it,he just refusing to give it to me. We are 50/50 partners and it was a hand shake type of thing on the partnership thing but ever body knows about it.

Expert:  Dimitry K., Esq. replied 8 months ago.
Don,

That may make this harder if nothing is on paper. Is the partnership or any sort of entity recorded with the state, or you have been solely partnering on a handshake the whole time, with this entity never being recorded with anyone?
Customer: replied 8 months ago.

That's Right.

Expert:  Dimitry K., Esq. replied 8 months ago.
Don,

Final question, I promise. Do you have anything in writing, anything at all (even emails, texts, or contracts) in which the other person formally admitted to the debt and/or agreed to pay out the funds to you?
Customer: replied 8 months ago.

I use my computer at home for the buss. too,I have done all the online ordering. Also some the taxes for the CPA.

Expert:  Dimitry K., Esq. replied 8 months ago.
Don,

So in these notes he made a promise to you to pay you what is owed?
Customer: replied 8 months ago.

I even pay with my personal credit cards, what we order. His lawyer knows we are In a partnership, cause we have set In his office and talked about It. The reason no papers were drawn up was that I had to stop all the steeling here that was going on for years, I had to resort to some "HEVEY" tactics and that way he couldn't get sued by anyone.

Expert:  Dimitry K., Esq. replied 8 months ago.
Don,

Thank you for your follow-up. What you are describing sounds a bit questionable as it appears that you intentionally set up the means by which there is almost no paper trail and nothing is in writing. That benefits him and not you, because as a party claiming that you are owed funds and obligations, you need to provide proof and evidence that this is a valid debt that he would owe you. You carry the burden and not him, both in proving a partnership existed and that you were partners. You then have to prove the terms of the partnership and why you are entitled to the funds. This is why I was asking about having this in writing because without a paper trail it is a very tough claim to make.

This is also a very high debt that he would owe you--it is far beyond small claims. This would require taking him to district level courts and retaining counsel. You would need to sue him for breach of contract, fraud, misrepresentation, and breach of fiduciary duty if you can prove a partnership existed. To retain counsel you may want to consider browsing the listings at www.avvo.com and www.martindale.com. I would also suggest making copies of all documents and attempting to build up proof and evidence that he does owe you the funds that you are claiming.

Hope that helps.

Sincerely,

Dimitry, Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 36984
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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