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Old 3rd November 2009, 08:28 PM   #1
b&wcat
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Join Date: Nov 2009
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Default Partner Leaving LLC-no Agreement- Need Advice

Hi,

This may be lengthy.

I opened a store 4 years ago with a friend. She put up the $, around $50K and I put up the inventory. In that time my personal inventory has generated $108,000 in sales. We also own a portion of inventory jointly. We both drew salary. The name and concept I owned before we partnered.

Six months ago she exited the business to pursue other interests. She left me with very little $ in the bank and high CC debt in my name. Her name is on the lease with her family as a guarantor. I took over the business and have been running it alone with success and making sure that rent gets paid on time.

I made her an offer of $10,000 check, I will assume the lease and I will assume the rest of the cc debt in our names. She said she wanted to be amicable and that this was number close to what she was thinking.

Yesterday I got a letter from her lawyer demanding $50,000 payable over the three years remaining on the lease at 6% interest !! I knew she was delusional and useless but come on.

Neither of us ever signed an operating agreement. SO how should I respond to this letter. Do I resend the offer in official lawyer lingo, walk away etc.. What legal rights does she have and am curious what other posters would do in my situation ?

Thank you !

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Old 4th November 2009, 11:19 AM   #2
MarkyMarkNC
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Hire a lawyer. Have your lawyer respond in official lawyer lingo.

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Old 11th November 2009, 01:22 PM   #3
phanio
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I agree - get an lawyer involved. Right now it just seems that the partner is trying a scare tactic with the letter.

You can also research the laws in your state as well as UCC laws to see what grounds you may have - might have to settle 50/50 unless you can show that the partner's salary was repayment of sorts.

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