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Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 3069
Experience:  Licensed to practice before state and federal court
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Gas distributor decided to sell company we had the month

Customer Question

Gas distributor decided to sell company we had the month june to reconcile for my commission in fuel sales and my Credit cards that went to him and is to give to me. I paid rent for new register every month until I decided if I wanted o keep. I wanted to keep and told him I will by register but he needs to pay me full commission plus my CC payments. Today I received Electronic Deposit for less of what was owned. He took out money for register and some other products. Is this legal to take money without my consent
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Louisiana
JA: Has anything been filed or reported?
Customer: this just happened today money deposited electronically short
JA: Anything else you want the lawyer to know before I connect you?
Customer: just want to know if I pay rent on register and am in good standing is it legal for him to deduct money that is mine
Submitted: 12 days ago.
Category: Legal
Expert:  Legal Eagle replied 12 days ago.

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. the answer to your question is no. Although you agree to purchase the register, you can dish in that purchase on them performing the agreement that included them providing you your sales. By removing the money from the sales that they were going to be giving you they are breaching the contract. Thus, this appears to be a classic breach of contract. A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract (click here). It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court.

Follow up questions are free, so please feel free to ask away. You can also click here in the future to request me individually. If you don’t have any additional questions, were you satisfied with my service today?