What are the steps to go after an ex partner for theft of assets from our LLC

Asked almost 2 years ago - Green Bay, WI

We had an LLC together that failed due to poor management . My ex partner behind my back took assets that legally belonged to the company totally around 30k . We had a home improvement business that we had both took draws out of which there was really no profit to do . We had 40 roofs that needed to be installed and no money to buy material . I put back my draws and then some to keep the business going . If I would have had the assets I could have sold them and put towards the installs . He put together an agreement for me to sign that would basically be a buy out . I signed it to get him off the bank accounts because as I was putting money back in he kept drawing out money , I was desperate . He was not taking any responsibility for the contracts that he was a part of the business at the time .

Attorney answers (6)

  1. Michael C. Witt


    Contributor Level 18


    Lawyers agree

    Answered . This is not a criminal defense question. Law enforcement is likely to view this as a civil matter, especially if your "buy out" addressed the missing funds. You need to consult a civil litigator about the cost associated with suing him. That is a consult that probably should have taken place before you signed whatever you signed, as that document may impact your ability to go after him. Assuming you can get over that hurdle, you need to assess how collectible any judgment you might receive against him will be, as absent assets from which you can collect, a judgment might turn out to be little more than an expensive piece of paper. Good luck.

    This answer is provided for general information only. No legal advice can be given without a consult as to the... more
  2. David J. McCormick

    Contributor Level 20


    Lawyers agree

    Answered . I agree with Attorney Witt. Start by consulting with a local business law attorney to see if the agreement you signed limits your right to sue your “ex” partner.

    Good luck.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being... more
  3. Nicholas C. Zales


    Contributor Level 13


    Lawyers agree

    Answered . I practice civil business litigation. Give me a call and we can discuss your situation. I offer free half-hour consultations. 414-224-8411.

  4. Robert Bruce Kopelson

    Contributor Level 20


    Lawyers agree

    Answered . See a business litigation lawyer asap. All paperwork and the afgreement you signed need to be reviewed.

  5. Thomas John Nitschke

    Contributor Level 5


    Lawyers agree

    Answered . There are a whole host of problems with your question. First among them is: are you going to be able to finish the contracts? If not you could be looking at contractor theft issues. If so then you may have a claim against your former partner, however, without seeing what you signed it is impossible to tell. You should consult with an attorney immediately and have all of the documents available for the attorneys' review.

    I am licensed in Illinois and Wisconsin only I can not give advise in any other state. Any responses posted on... more
  6. Ted A. Warpinski

    Contributor Level 3


    Lawyers agree

    Answered . Sorry to hear about your situation. There are several good lawyers in Green Bay that I am sure good help you understand what rights and remedies you may have. Please feel free to contact me if you would like a referral.

    One thing to keep in mind is the old adage--don't throw good money after bad. Sometimes the best advice is to take the loss and chalk it up to experience rather than spend more money trying to chase after a claim. Unless you are sure your ex-partner has some assets, it simply may not be worth pursuing.

    Best of luck.

Related Topics

Small business LLCs

An LLC (limited liability company) is a business entity that has elements of both a corporation and a partnership (or sole proprietorship).

Criminal charges for theft

Theft is taking someone's property without his or her consent. Theft includes, but is not limited to, shoplifting, taking someone's mail, and stealing a car.

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