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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 owned a business years. I had a contract to sale the

Customer Question

I owned a business for 8 years. I had a contract to sale the business on a certain date, written by the buyers wife, stating how much they were going to pay and on what date. the business was located in a space that required a Lease for the space. But the barbershop that was inside the contents the clients the reputation was existing and never closed and had a thriving clientele.Because it was some one I knew, I ended my lease and he converted it to his name and also transferred my deposit to the buyer and also ended my state board facilities license wrote a letter to state board and allowed them to transfer the license to their name in the same location - on the day the payment for the shop was due the buyer refused to call or text or set up a time or place for me to receive payment. the following day I came to the business and inquired about the money and was told to just take him to court. Since then I have filed a criminal suit for theft by conversion and two of the stylist have files a civil suit against him for illegal eviction for him asking them to leave and he does not own the business, has not paid any thing. Now he is in the process of removing my name from the building and changing the name so that he can obtain the business license from the county under another name because he can't get one under original name without bill of sale....what is my legal recourse to get my money and why is he able to operate without paying me and with no business license for 6 weeks now.
Submitted: 11 months ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 11 months ago.

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

If I may ask, how much are you owed, money wise? When did this all occur?

Customer: replied 11 months ago.
21,000 and the original contract was supposed to be paid on the 20th of november 2015.
Customer: replied 11 months ago.
Since last night I have found out that the buyer was advised by the county to change the name and lied to the county clerk stating that I had been allowing him to operate the business under my license since the summer ( for several months) , wen he oly took over at the 1st of November as per the new lease he signed with the landlord of the building and also the contract was due to be paid in full on the 20th I was also still active in the shop well after the 1st while he switch over phone, cameras, cable, ect. I began legal proceedings I week after contract was not honored , Nov.28 to give him time to honor it.
Customer: replied 11 months ago.
I took pictures of contract and attached it .
Customer: replied 11 months ago.
It also spelled out what was included in the business
Expert:  Dimitry K., Esq. replied 11 months ago.

Hi, I appreciate the additional information. What specifically can I help answer for you, please?

Customer: replied 11 months ago.
Did the buyer act illegally......are his actions actionable in criminal court/ civil court and to what degree ......is there a way to recover my lost monies or stop him from taking my business from me without payment? Are you ever going to be able to answer these questions or am I being billed for you to continue to ask me questions? Will you be able to give me some direction?
Expert:  Dimitry K., Esq. replied 10 months ago.

My apologies on the delay, I was offline and was not able to respond. Let me reply to each question as posted below.

You asked:

Did the buyer act illegally......

Acting 'illegally' means in violation of criminal law. For him to act illegally he must violate something from the criminal code. Based on his actions, he is potentially misleading you and was attempting to defraud you, but that is not likely something that the state would consider 'criminal', as most would see it as a civil matter, specifically a contractual dispute. You can argue that the criminal element is that he was using your identity and information without your consent or permission (identity theft), and potentially contact the state to see if the licensing board could investigate him for his actions.

are his actions actionable in criminal court/ civil court and to what degree ......

Criminal is not likely based on the facts I explained above. That is not to say his actions do not have a criminal element, but I suspect the state won't elect to pursue charges. Civilly you have damages for breach of contract, bad faith, fraud, and conversion. Likewise you can also potentially file for a UCC-1 claim against the business and seek a lien even if he is able to somehow transfer this under his name.

is there a way to recover my lost monies or stop him from taking my business from me without payment?

Yes, the UCC-1 filing, and simply a suit against him can help. You can request the courts for the right to file for an injunction against the business so that it cannot be sold, dissolved, or otherwise utilized until the suit is resolved in one way or in an another.

Are you ever going to be able to answer these questions or am I being billed for you to continue to ask me questions?

I just answered your questions, I hope-should you have more questions I will be happy to clarify. You are not billed until you choose to positively rate my response.

Will you be able to give me some direction?

Absolutely, and I am glad to do so.

Sincerely,

Dimitry, Esq.

Customer: replied 10 months ago.
I have already issued a criminal warrant for he and his wife for Theft by Conversion and the county served the warrants and issued me a court date. But you are saying that will likely not result in a ruling? The UCC-1 claim would be done in magistrate court as well? And I would request an file for an injunction where - also magistrate? How soon would it go into effect? He is still opening the door to the business everyday and making money using all of the equipment that was part of the purchase that he never payed me for - He using my property to make money!!!

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