My business partner has been stealing me

Asked almost 5 years ago - Miami, FL

The C corporation was created 2 years ago, 50% for him and 50% for me, no other wirting agreed was made.
In August 2009, I found he was paying himself $4.000 more than to me, after some talk, he accepted paid the difference.
But with the banks statements in my hand I found that additionally that he has been paying
his expenses with the company account card.
Futhermore, he is paying his monthly bills automaticly from of our company account.
Now, I found tat no lawyer wants my case, because the case is too small. They said that probably the money I can get is the same amount that I will need to pay to the lawyer
For just this year, he had spend more than 30,000 in personal expenses.
What could happen, if I withdrawal 20,000 from the company account in order to obligate him to paid.

Attorney answers (1)

  1. Joseph Kurt Kaple

    Contributor Level 10

    Answered . You might have a civil theft claim in which you could pursue 3 times the amount of your damages, plus attorney fees and costs. The fact that he gave some money back might be viewed as an admission that he wrongfully took the money in the first place, or alternatively, as an attempt to settle a legitimate dispute. The problem which would arise in a lawsuit is exactly the one the other attorney pointed out in his answer, but also, you might have difficulty collecting if you won the suit. If the business is profitable, maybe you could settle the suit in exchange for your partner's resigning and assigning all of his interest over to you so that you own the company outright.

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