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Can I sue someone for not paying me my half in the business?
Anonymous4 views5 answers
My friend (Doctor) and I in a beauty spa business together a year ago. We were both on the fititious name on the business. I was the one who was worked there day and nights (never get pay), and developed the clienteles. I was also the only one to make the payments for all the expenses including rents, supplies, taxes (in his name), and credit card (his). Now, the business sold (I had advertised) to someone (saw my ad) but money was paid to him (which I have the paper from new owner) and he has not paying me yet. I have sent him emails and talk to him. Always came up with the excuses like he is sublease to the new owner and money should be save if the new owner is not paying the rent. I am sicking tire of his excuse and I did make very clear to him that I am not participate in it .
This is unfortunate and I am sure you do not have a written agreement covering the business venture issues. You can always sue the question is if you will win and how much it will cost in time and money. Do you have any form of proof about this business and that you two were equal partners? Can anyone substantiate your claims?
Speak with a local attorney and next time please never do business without written agreements.
It sounds like you formed a partnership. If the partnership was indeed sold than you would have a right to 50% of the profits of the sale, unless you had a partnership agreement that stated otherwise.
Best,
Taleed El-Sabawi
Www.kerseysabawi.com
Andrew Kevin JacobsonBusiness AttorneyOakland, CA ·
The good news: yes, you can sue. The bad news: it will probably cost more to sue than you will get. You really need to discuss this with a lawyer experienced in business litigation in the San Diego area. Several write on , and you can start with them. Good luck.
You should sit down with a lawyer and review the facts. If no corporate entity was formed then you effectively created and partnership and are entitled to 50% of any sales proceeds, even without a written partnership agreement. Additionally (or alternatively), you might be able to argue that it was your friend's business and you're entitled to back pay, etc.! This will all be dependent on the facts.
Remember, however, that there are time limits to your rights to recover from your business partner, so contact a lawyer in your area as soon as possible.
In addition to seeing an attorney to determine whether you are able to recover your money as a partner in the business, you should consider seeing an employment attorney. It may be the doctor will claim that you were his employee. If you were an employee, and he didn't pay you, you may be entitled to back pay, as well as certain penalties that may be imposed on the doctor who employed you.
