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

I have a question about...
I have a question about a business partner from an LLC
JA: Can you tell me what state the LLC is registered in?
Customer: California
JA: Has anything been officially filed? If so, what?
Customer: Yes... it is a registered LLC with the state and has an EIN number. No income and will most likely be dissolved
JA: Anything else you want the lawyer to know before I connect you?
Customer: 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.
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Answered in 4 minutes by:
11/14/2017
Law Educator, Esq.
Category: Legal
Satisfied Customers: 119,521
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.

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Customer reply replied 6 days 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 6 days 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.

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Customer reply replied 6 days 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.

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Customer reply replied 6 days 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: 119,521
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
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Customer reply replied 6 days 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.

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