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Ask Legalease Your Own Question
Legalease
Legalease, Lawyer
Category: Legal
Satisfied Customers: 16289
Experience:  15 years exp all aspects of general law
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I'm in a general partnership construction company and feel

Customer Question

I'm in a general partnership construction company and feel partner it scamming money if this is to be proven and I take all on the company
JA: The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No
JA: Please give me a bit more information, so we can help you best.
Customer: It is a 50/50 partnership and now he wants 10% of all sales. And I don't agree
JA: Is there anything else the Lawyer should be aware of?
Customer: I know he has had customers and even insurance companys write check to him and not the company
JA: Our top Lawyer is ready to take your case. Just pay the $5 fully refundable deposit and I'll fill the Lawyer in on everything we've discussed. You can go back and forth with the Lawyer until you're 100% satisfied. We guarantee it.
Submitted: 8 months ago.
Category: Legal
Expert:  Legalease replied 8 months ago.

Hello there -

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If you can actually show that he is scamming money and embezzling money that should be directed to the partnership then you would have to sue him in a civil court case to dissolve and/or reform the partnership and then you ask the court which of you can continue on using the current partnership's name and customers and good will that the company may have built up within the community where you receive all or most of your business from. If you successfully prove this to the court then in addition to being awarded the partnership name, etc. you could also be awarded damages against your partner and he could be ordered to put up his house and any other real estate or personal property that does have value in order to satisfy any such judgment against him.

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My suggestion here is that you hire a forensic accountant to take a look at all of your books and records and contracts to find some solid proof in the partnership records that this monetary scamming and other questionable practices have impacted both the partnership AND the actual amount of profits that are available each year for distribution to the two of you.

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In short, if you can show that there was or is wrongdoing on his part to a court of law and the judge finds the same, you can end up with the entire partnership and a monetary judgment against him. There is nothing that would permit you to simply take the entire business as your own without any court action, so if you go to the trouble of hiring an accountant and your partner does not want to cooperate with you to review the findings and make the situation right then you need to be prepared to take the matter to court to force the issue. And, if the accountant turns up proof of actual criminal embezzlement and other wrongdoing by the partner then my suggestion is that you contact the local police or the state police (the state police will generally do its own review of such complaints and determine through state police accountants if the behavior rises to the level of criminal embezzlement).

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MARY

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