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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 113491
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I had a promisery note on monthly paymeets to buy a business

Customer Question

I had a promisery note on monthly paymeets to buy a business sign ,logo,brand,existing customer relationships , card reader machine. Come to find out the owner lappes with the scc and some one bought the LLC . In my county I signed a dba so I could do business as that name .now we're getting Cease and desist orders.
She was never payed fully off so I still owe her something she does not own . The name and logo was never trad market . I need help
Submitted: 7 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 7 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
What is your specific question for us about this matter?
Customer: replied 7 months ago.
She does not own the LLC and did not trademark the name I am still making pay,nets to her. And this other person own the LLC asking us to shut down . Do I still have to pay her and do I have to close do to someone els own the name
Expert:  Law Educator, Esq. replied 7 months ago.
Thank you for your reply.
So she sold you something she did not own, so legally she is in breach of contract and you should not owe her anything. Actually, you have grounds to sue her to recover all of the money you paid her back, since she has breached the contract and committed fraud if she knowingly sold you something she did not own or did not give you notice that the business was being taken because of her legal troubles.
Customer: replied 7 months ago.
since she owned it at sale and I was paying her still .And she Lapps with the scc then I should be able to at least stop paying her. Since someone bought it
Expert:  Law Educator, Esq. replied 7 months ago.
Thank you for your reply.
If the deal was she would not lose the business through the SCC then you have rights to stop paying if she was supposed to continue paying the SCC as she is in breach of contract and you should not owe her any other money.