I invested jointly with someone else the same amount of capital
The other person has since taken out all monies in company and is sueing me for remainder of his capital
What are my rights ?
-- Edited by Tracie on Monday 10th of December 2012 10:26:13 AM
-- Edited by Tracie on Monday 10th of December 2012 10:26:51 AM
Site members will not be privy to all the facts of the case.
The way that you explain it is that you both invested the same but on withdrawing their capital what remained in the company was less than half the initial investment.
I do not know their reason for withdrawal and it would be unfair of me to offer advice based on so little information.
In general terms though the other person had a right to their invested money the same as you did.
If there were no restrictions on the bank account then they were perfectly within their rights to withdraw money that belonged to them.
When it comes to suing you for the remainder that depends upon whether you did anything wrong.
They invested their money in the hope of achieving profit but such has not proven to be the case. If they lost on the gamble then they have no recourse on the other partner.
The unfair part here is that they got the jump on you in withdrawing all the remaining money rather than it being shared equally but to be honest to my mind there is little that can be done about that as they have withdrawn their capital, not stolen more than their share of profits which would be quite a different scenario.
I would advise you to seek council from the citizens advice about the matter and give them all of the relevant details.
If you have done nothing wrong then I do not believe that they would get very far with a legal claim against you but with the sometimes crazy legal system in this country I wouldn't guarantee it. The worst part here will be that even if innocent the legal fee's in defending yourself could be substantial which is why I would advise getting yourself off to citizens advice as soon as possible for some proper legal advice.
kind regards,
Shaun.
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Shaun
Responses are not meant as a substitute for professional advice. Answers are intended as outline only the advice of a qualified professional with access to all relevant information should be sought before acting on any response given.