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I am in a business partnership that is dissolving. my

Customer Question
partner is grumpy. what do...
I am in a business partnership that is dissolving. my partner is grumpy. what do i need to do to protect myself?
JA: What state are you in? And have you consulted a local attorney?
Customer: we only have a dba
JA: Has anything been officially filed? If so, what?
Customer: not that i know of. I have been too busy working to try and save me.
JA: Anything else you want the lawyer to know before I connect you?
Customer: she has made many threats that have me worried. I am the sole parent of two young kids and can go to jail. like i said all I have done is work my but off to try and stay above water and she wants to take more than is fair
Submitted: 3 months ago.Category: Business Law
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8/24/2017
Business Lawyer: Legal Eagle, Lawyer replied 3 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Business Law
Satisfied Customers: 6,450
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. Do you mind if I take a moment to review your question?

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Customer reply replied 3 months ago
we are in new york state, the city of cortland.
Business Lawyer: Legal Eagle, Lawyer replied 3 months ago

Great thanks! Just a moment...Remember, if you get an automatic phone call request and you would not like a phone call, you’re welcome to reject the offer.

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Business Lawyer: Legal Eagle, Lawyer replied 3 months ago

I’m sorry to hear about your situation. There is some things that you can do to protect yourself. Primarily, the main thing you do to protect yourself is simply understand the law. Generally, partners owe a fiduciary duty to one another meaning that they can’t do anything to harm your financial interests. Therefore, despite hire being grumpy, you will want to remind her that sthe still owes a duty to you.

The other thing that you can do is try to come up with a realistic plan to dissolve the corporation. This won’t be easy of course, but it will give you a chance to clearly lay out the terms of who gets what; much like a divorce.

Before I continue, were there any other facts that can help you out in this situation.

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Customer reply replied 3 months ago
we have about $15,000 in company assets to be split. aprox half of witch she has locked up at her house and made conducting business difficult. She, at customer request due to dissatisfaction all around, has benn asked not to continue work at their residence. yet she still expects half the money. we have a fone plan in my name. many bills outstanding.
my chief concern is the many threats she has made to me regarding seizing assets and my arrest. ( I am the sole parent of two young kids, ...that can not happen!) I do not feel that my hard work to salvage jobs that she has neglected should result in extreme consequences for me and my employees. I am totally willing to split fairly but I am sure we see that differently.
she has take half of an initial payment on a job that she failed to preform the most basic requirements in performance and job safety, thus she is not welcome back. this is the norm for her lately. time and money have not properly been accounted for in regards ***** ***** over that passed months and when question about same she acts ...very defencive and angry. every thing is done by bank cards so I feel that all can be accounted for in the end and it will not favore her in the least. just dont want to be arrsted or taken advantage of.
Business Lawyer: Legal Eagle, Lawyer replied 3 months ago

So, after taking a look at your situation, it appears clear to me that there's a couple of things that you need to do. The first thing that you probably need to do is to get out of this business relationship. You guys should really set up something to where you can peacefully try to dissolve this matter. The other thing that you should probably do is consider filing a lawsuit for breach of her fiduciary duty. You may have to buckle down for the Long Haul with this, but it may help you make sure that you are protected legally going forward and that you can be compensated properly by a court. The other thing that you may want to do if she is starting to come unhinged a little bit is that your state will have the ability for you to file for a protective order against her. Basically, it appears as if she's harassing you on top of everything else and you can file for a protective order even though she is your business partner. I'm very sorry about this. Did you have any other questions for me?

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