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I have a business partner in 50% ownership in a night club…

Customer Question
I have a business...

I have a business partner in 50% ownership in a night club who is very bad I need legal advice to exit partnership

Lawyer's Assistant: What state are you in? And have you consulted a local attorney?

TX, yes cannot afford the cost

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

No

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

Yes my partner has breach our contract agreement and stole more than 150k from our bank account.

Submitted: 7 months ago.Category: Legal
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Answered in 1 minute by:
11/27/2017
Lawyer: Richard, Attorney replied 7 months ago
Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 57,047
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Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

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Lawyer: Richard, Attorney replied 7 months ago

You have all the leverage here. You have recourse both from a criminal side and the civil side. On the criminal side, you can prosecute him for embezzlement, fraud, and theft. On this front you would want to contact the district attorney's office as the district attorney's office is where criminal prosecutions are pursued.

On the civil side, you have a cause of action for fraud, misappropriation of company assets, breach of fiduciary duty, breach of contract, as well as several other causes of action. The fraud and misappropriation causes of action will entitle you not only to your actual damages, but punitive damages as well.

To be honest with you, your best alternative here is to pursue this from the civil side. A criminal prosecution requires you to prove intent to not pay you from the beginning and a much higher burden of proof..."beyond a reasonable doubt" versus simply "preponderance of the evidence" on the civil side. And, even if you could get a prosecutor to pursue this, you would then find him likely spending any money he has to defend himself rather than paying you.

But, I would send him a letter by certified mail informing him of the foregoing and demanding he pay you within a short specified period of time or you will have no choice but to pursue this from both the criminal and civil side. That should provide plenty of incentive to comply with your demands....such as forcing him out, buying you out, plus paying back your share of what was stolen; but, if it does not, file your suit and/or contact the district attorney's office. . Even if you have to pursue this further to a suit and/or prosecution, that's likely all you will need do. In my experience, he will settle this quickly to your satisfaction thereafter rather than risk punitive damages and criminal prosecution.

Thank you so much for allowing me to help you with your question. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as Good or Excellent (i.e., 4 or 5 stars)(hopefully Excellent/5 stars!). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

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Lawyer: Richard, Attorney replied 7 months ago

Just following up. My screen indicates that you have not reviewed my response. Please let me know if you did not receive it so I can re-send it if necessary. Thank you! Richard

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