Can I sue my business partner for stealing and fraud

Asked almost 5 years ago - Fresno, CA

We have a credit card machine for credit card at the store and in the last month or so I have been noticing a lot of credits transactions on the statements. I contacted the credit card machine vendor and the stated that the credits or funds are being put onto a credit card that has never been used in my store for any purchased. The vendor provided me with the credit card number but could not give my the card holders name. I believe it may be my business partner doing this. Can I sue for fraud and stealing? Please help?

Additional information

We do not have any employees, my business partner is the only person working at the shop since we started this business....

Attorney answers (3)

  1. Pamela Koslyn

    Contributor Level 20

    2

    Best Answer
    chosen by asker

    Answered . You need to be sure of what's going on here before you sue anyone. Can you dispute the charged credits with the credit card processor so that they'll investigate the transactions? Can they block this card from further credits?

    Whether or not the credit card processor will help, you need to confront your partner. If your partner admits responsibility, report this to the police. Whether or not the police consider this a civil matter, if your partner has been stealing from the business, you need to end this partnership. You can sue for dissolution of the partnership, breach of fiduciary duty, conversion, and for an accounting, among other claims. If you have a written partnership contract, you may have restrictions on your rights and/or other remedies, so you need to hire a business litigator to review your contract and pursue your claims as applicable.

    Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

  2. Steven Alan Fink

    Contributor Level 20

    Answered . My colleague is correct. This also could be an employee, an ex-employee or someone who has accessed your login information. If no purchases have been made, then the thefts are being made from the credit card owner. Are the funds being deposited into your parntership bank account? Is your partner withdrawing them?

    Disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

  3. Alan James Brinkmeier

    Contributor Level 20

    Answered . You can sue for dissolution, conversion, breach of fiduciary duty and for an accounting. Check with a lawyer in your locale to discuss more of the details. You might find my Legal Guide helpful "Ethics: Yes I Need a Lawyer!"

    http://www.avvo.com/legal-guides/ugc/ethics-yes...

    Good luck to you.

    God bless.

    NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.

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