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I want to sue my business partner here in Florida but our business was in NY... is this a problem?

Miami, FL |

My partner and I had a business in NY which I withdrew from because I was told that it wasn't making money . I now have the accounting records and know that is not true . I have a withdrawal agreement in which i was supposed to be paid a sum of money - But I was not paid . My partner sold the business a year later in NY & UNDER HIS SPOUSE'S name opened the same business here in FL . I am going to sue him for the breach but I also want to sue the spouse since my ex - business partner has no $ $ in his name . I have done some research on Google and see that maybe I can sue the Spouse through the UFTA as a Fraudulent Transfer . Before I go to an attorney I want to know if I can sue them here in FL since they live here now and the new Business is here - even though the original business was in NY .

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Attorney answers 3


Since the business took place in New York you likely have venue in NY. Your desire to sue them in Florida only helps if they participate and pay you. If they arent going to do that either way you may be better off suing in NY where they are less likely to be involved in the case and where it will be more expensive for them. You can domesticate the judgment from NY without too much trouble. Seek some legal advice on the claims and on whether you can actually sue the wife without proving the fraudulent transfer first.

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Given that the new business is located in Florida and that both your former business partner and his wife now also live in Florida, you may well be able to file suit in Florida. I would recommend that you contact a Florida attorney to discuss your options. Even if you ultimately need to prosecute the case in New York, your Florida attorney may well be able to locate local counsel in New York and work directly with him. This would allow you to have New York counsel but still have your Florida attorney.

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It may be possible, depends on what the terms of the business arrangements are, as the more things tied to NY, the more likely that will be the proper venue. You should talk to a lawyer first about suing spouse as there may not be what is called "privity" to sue her because you believe her business is funded with the ill gotten gain of the ex partner' sale of your business. The other issue is that you appear to have signed some sort of settlement, and only later aquired accounting records to review, for the future, this is a terrible practice; you should never accept a business partners representation about a business's viability until YOU have the accounting reviewed before hand. Misrepresentation is VERY hard to claim when you only inquire after the fact.