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I have a business partner in a 50/50 who has locked me out

of the website and changed...
I have a business partner in a 50/50 who has locked me out of the website and changed the email on our shopping cart to go to his personal paypal account and personal bank account. He said I have to sue him so I need to do it on a budget. He lives in Texas and I live in VA.
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Answered in 4 minutes by:
5/6/2013
BizIPEsq.
BizIPEsq., Attorney
Category: Business Law
Satisfied Customers: 996
Experience: I am a business attorney. I represent individuals and companies with all business related matters.
Verified

BizIPEsq. :

Hello, I will be assisting you.

BizIPEsq. :

Question: do you know who is the hosting company of the website (who maintains the servers)?

Customer:

HostGator does but it is in his name. When we came up with the name of the business he bought the domain as well/ All I have is the LLC paperwork.

Customer:

All of the designs are mine, he talked me into forming a business with him since he wanted to invest in them and give me capital. I never saw that. I found out he was doing things behind my back now all of this.

BizIPEsq. :

I see. Then your best recourse is to file a law suit as soon as possible. Together with filing a summons+complaint I would also recommend that you file for an injunctive relief in a form of an order to show cause. Such an order would ask that the bank account be frozen and that the hosting company will stop serving the website.

BizIPEsq. :

In the interim you should also do the following:

BizIPEsq. :

1) contact PayPal and file a fraud report on this account. Paypal is known for being a very cautious company and such a report may automatically trigger a freeze of his account

BizIPEsq. :

2) contact the hosting company and serve them with a DMCA taken down request based on the fact that he is using your copyrighted design and materials without your permission.

BizIPEsq. :

In conclusion, you should act as soon as practicable before horses escape the barn so to speak. The last two suggestions do not require an attorney but since you will likely head to a law suit I would have the attorney handle those.

BizIPEsq. :

Thank you for allowing me to assist you

BizIPEsq. :

Please rate my service. Without your rating I do not get compensated for my work.

BizIPEsq.
BizIPEsq., Attorney
Category: Business Law
Satisfied Customers: 996
Experience: I am a business attorney. I represent individuals and companies with all business related matters.
Verified
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Customer reply replied 4 years ago

Can you recommend an attorney? Do I file lawsuit where I live or where the LLC was formed?

The question about where to file a law suit is an excellent and one and a complicated one. It's probably best if I answer it under a new question. Ideally you would file it where the defendant is located but that may be too far from you, so there could be mitigating circumstances that would permit you to file it in the state where the LLC formed or where you are. Feel free to ask for me if you would like to continue on this new question.
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BizIPEsq.
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