Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I have a question about a business partner from an LLC.

I have a question...

I have a question about a business partner from an LLC

Lawyer's Assistant: Can you tell me what state the LLC is registered in?

California

Lawyer's Assistant: Has anything been officially filed? If so, what?

Yes... it is a registered LLC with the state and has an EIN number. No income and will most likely be dissolved

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes. Our operating agreement states we put in $50,000 each. Throughout the year with the business she continued to put money in... she claimed $160k total. 6 weeks ago she drafted up a resignation letter stating she wants to be paid back $30k by 2019. Since then she has come back a number of times saying she wants $60k, now $80k in 6 months. She has private information about me and in writing said "i've considered talking to your wife because i believe she is in the dark." 6 weeks ago when this began she wrote some nasty emails trying to force me to resign... when i did not agree to her timeline (48hrs and I wanted 72hrs to decide) she, herself, resigned.

Show More
Show Less
Ask Your Own Legal Question
Answered in 4 minutes by:
11/14/2017
Law Educator, Esq.
Category: Legal
Satisfied Customers: 125,956
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If she is trying to blackmail you to pay her more money than she is entitled to, this is actually a criminal offense and if you have a copy of the writing you can bring it to the District Attorney and seek to press charges for extortion against her.

Just because she invested in the business, unless there is a written agreement providing she would receive her investment back, does not mean she is entitled to anything back from the LLC unless there are any assets in the LLC and those would be divided evenly unless the operating agreement says otherwise.

She can resign her position and walk away from the LLC, but she cannot force you or the LLC to pay her money unless the LLC has money and the operating agreement says she is entitled to payment. Otherwise, she is not entitled. Also, her making the threats she made is extortion/blackmail and you can pursue criminal charges against her for doing so.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Ask Your Own Legal Question
Customer reply replied 8 months ago
Additionally, she called our investor for the television production co, LLC trying to bash me. There are 2 LLC's.. one is a music company that is now dissolved... I typed in incorrect numbers when trying to get investors. The last 2 quarters made roughly $35k and I miscalculated and said it was $42k. The business partner I am referring to is NOT a member of this LLC... SHE is a member of the television production LLC. The music company acquired one investor for $15k (a childhood friend of mine, who understood the situation and was ok with it). My business partner is claiming I deliberately committed fraud and using that against me
Customer reply replied 8 months ago
Here is her email:So I've been advised to 100% NOT sign the agreement created as is, to increase the amount owed to reflect 80k (1/2 of what I put in) along with a tighter deadline (6 months) and to immediately sue you if not paid by 6 months. OR to immediately sue you NOW for your crime and the money owed to me plus collect damages.I don't want to sue you but after time apart from each other, I feel like it is probably my best option right now and the right thing to do.As I've mentioned a few times to you now, at first, I wanted to rush and get this dealt with/buttoned up asap but I wasn't in the right state to be dealing with all those big decisions.Now that I've had a little time with it all, I fully understand the position of my attorney, who is obviously looking out for my best interest.I've thought about discussing with you, though, I'm not sure that anything new will come from it.I assume you have not been receiving further funding? Perhaps you can look into refinancing with all that equity in your home. Or get a loan from somebody to pay me back right away?I've considered calling Kim (MY WIFE) several times because I have the strong feeling that you've kept her in the dark about all of this.There's no point to having a discussion about this unless you are ready to hand over money as my position is now firm given the time I've had to think on it.There has to be some accountability for this to be at rest.

Thank you for your reply.

That is again, extortion, and also can be deemed defamation for her making up known false statements about you to third parties.

At this point, you will have to sue her and I would report her to the police as well for blackmail/extortion. You did not commit a crime if you made a mistake and it was not intending to defraud, she is must making idle threats.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Ask Your Own Legal Question
Customer reply replied 8 months ago
I know you've answered this twice... but just making sure... this statement 'I've considered calling Kim (MY WIFE) several times because I have the strong feeling that you've kept her in the dark about all of this. ' is indeed blackmail / extortion?

Thank you for your reply.

Not a problem, I want to make sure it is clear to you.

YES, her threatening to call anyone and reporting to them in an effort to coerce you to give her what she wants is blackmail/extortion.

Ask Your Own Legal Question
Customer reply replied 8 months ago
last question... our LLC is actually filed in Neveda and we work out of California. Not sure this is relevant but wanted to check. And thank you very much, this has been very helpful.

Thank you for your reply.

It is not relevant actually where the LLC is registered, she is still acting improperly and is still not entitled to anything UNLESS there is some written contract saying she is entitled to something.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Law Educator, Esq.
Category: Legal
Satisfied Customers: 125,956
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified
Law Educator, Esq. and 87 other Legal Specialists are ready to help you
Ask your own question now
Customer reply replied 8 months ago
Ok, thanks. And to wrap it up, do you advise contacting her and saying i will not agree to her ask or just suing

Thank you for your reply.

I would reply and tell her you would not give in to blackmail and that she is not entitled to what she is seeking per any contractual agreement and to cease and desist her conduct. If she will not stop, then go to the DA and file civil suit against her.

Ask Your Own Legal Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 125,956
125,956 Satisfied Customers
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,657 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,408 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

125,956 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

300 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
I have a business partner that is very unreasonable and I
Good morning, I have a business partner that is very unreasonable and I just want out. We met two weeks ago and she agreed to dissolve the LLC then decided she would like to buy me out. I agreed, now … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
22,408 satisfied customers
I have a 2 person partnership LLC in Ca with no operating
I have a 2 person partnership LLC in Ca with no operating agreement. I am not happy with my partner and asked him to resign and in return he would receive 1/2 of all inventory. He declines to resign. … read more
Loren
Loren
578 satisfied customers
Can i transfer a DBA fro one LLC to another LLC, New Jersey,
The llc has 2 people in it ...it was never signed by both parties… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
22,408 satisfied customers
For an LLC in NY state I am told that I need all this, is this
For an LLC in NY state I am told that I need all this, is this accurate? $299.00 - Business Bundle normal price is $499 - Record Book, Seal and Tax ID# (EIN) (includes complete record book setup) Reco… read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
Hi, I am having a dispute with my business partner and we
Hi, I am having a dispute with my business partner and we are moving to dissolve the company. We have been in business since 2008. I registered the LLC in my name and received the EIN in my name. We a… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
125,956 satisfied customers
Hi, About 5 years ago I cosigned about 80k woth of student
Hi, About 5 years ago I cosigned about 80k woth of student loans for my now ex wife. In our divorce agreement. She agreed to pay them off herself, but big surprise, she had defaulted. I also have my o… read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
WE recently formed an LLC and one partner walked out after
WE recently formed an LLC and one partner walked out after only 4 1/2 months. He refuses to sign anything to take his name out/off of the business. What can I do legally to remove his name and shares.… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
4,201 satisfied customers
This is alot to ponder but I dont know where to go for help.
This is alot to ponder but I don't know where to go for help. I've hired 3 different attorneys, 9k later. . . and not one has been able to help me. I am the sole officer of an s-corp in fl. although I… read more
writehelp
writehelp
58 satisfied customers
I went away to the Army a year ago. While away, my wife committed
I went away to the Army a year ago. While away, my wife committed adultery. She had a power of attorney letter and used it to sign my name off on our business. When she sold the business, she did not … read more
LawTalk
LawTalk
Attorney at Law
Juris Doctor
3,071 satisfied customers
I am being sued for a credit card that I believe I accquired
I am being sued for a credit card that I believe I accquired for my small business. Now I am being sued for $24,000. My first contact w/this collection agency was by a summons to court on May 4, 2011.… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
I just applied for a EIN number for my small business I want
I just applied for a EIN number for my small business I want to open soon. I have already applied and listed the business as a LLC. Will I also have to apply for a tax ID number as well in the state o… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
I am an Indian citizen and entered into US on L1B visa. My
I am an Indian citizen and entered into US on L1B visa. My wife (Indian citizen) followed me on an L2 visa. After my wife was in US, we applied for her EAD on L2. Once we got her EAD, we registered a … read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
17,183 satisfied customers
I formed an LLC with a business partner 1.5 years ago. We have
I formed an LLC with a business partner 1.5 years ago. We have an operating agreement from LegalZoom that neither one of us signed. Now, I am moving on from the partnership to a full-time job. I did t… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
Hello, I incorporated an llc in the delaware 3 years ago. since
Hello, I incorporated an llc in the delaware 3 years ago. since then i did not conduct any business with this company. i'm a citizen of France and do not reside in the usa. to open a bank account i ha… read more
Ely
Ely
Counselor at Law
Juris Doctor
24,657 satisfied customers
New to affiliate marketing and wanting to form a LLC/S-Corp based on i
Hello, I've been learning the ropes of doing Internet/Affiliate Marketing, building websites, etc...and by the time money start rolling, I will have to consider taxes and the business issues associate… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
17,183 satisfied customers
Hello, My business partner and I formed a California LLC and
Hello, My business partner and I formed a California LLC and built 3 homes in Mississippi in 2007. We completed the build mid 08 and made payments while placeing them on the market. My creditworithine… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
22,408 satisfied customers
We have a newly LLC (6 mo). Can a discrimination lawsuit be
We have a newly LLC (6 mo). Can a discrimination lawsuit be file against the same race for mentioning that one of the member is not a resident or citizen of this country. We were denied to open an acc… read more
Jane T (LLC)
Jane T (LLC)
Master\u0027s Degree
5,402 satisfied customers
In 2004 I owned a deli under an LLC that we (my husband and ...
In 2004 I owned a deli under an LLC that we (my husband and I) created with a partner. The business went under and was given back to the landlord. We had over 60K in business losses. Due to a screw up… read more
Jane T (LLC)
Jane T (LLC)
Master\u0027s Degree
5,402 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x