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CalAttorney2, Attorney
Category: Business Law
Satisfied Customers: 10244
Experience:  I am a businesses law attorney, with experience advising and representing owners and investors.
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I run a small business I do have a partner we have run our

Customer Question

I run a small business I do have a partner we have run our business since 1994. We always taken draws for pay we both get the same amont but the problem is she writes these checks and cashes them right away then there is never money in the accout for me to cash my Checks she keeps cashing her checks but I am holding on checks from March yet and have 5 others up to date . Ps her husband is a lawyer I am not sure what to do leagally
Submitted: 2 years ago.
Category: Business Law
Expert:  CalAttorney2 replied 2 years ago.
You have a claim against your business partner for "breach of fiduciary duty" and you can sue her for damages if you like.Short of filing a lawsuit, you can try to mediate the dispute with them - contact your local bar association and request referrals to mediators, a third party neutral can often help you reach a mutually agreeable resolution. Use the bar association's referrals to contact a mediator or two, the mediator will then contact the other party to set up a mediation session, and you can go from there - hopefully resulting in a formal or written settlement agreement, and save yourself the time and expense of litigation.(Mediation may help you to better resolve ongoing issues with the management of the business in addition to the pay/draw issue as well).

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