Legal Question in Business Law in California

I have just been served a lawsuit paper pertaining to a busines I was a part of my stock was revoked in 2008 and the place burnt down in 2011 my old partner did not pay the rest of the note for the place in the sum of 77000 they had a part in removing me from my position am I liable for that as I had not received any compensation since 2008


Asked on 12/25/13, 2:51 pm

3 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

You need to consult with an attorney as soon as possible. You mention stock, which would involve a corporation, and then mention a partner, which implies a partnership. It is not clear whether or not you signed a promissory note, or guaranteed one, or simply signed on behalf of a company that should be the true defendant in the case.

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Answered on 12/26/13, 8:33 am
Edward Hoffman Law Offices of Edward A. Hoffman

I agree with Mr. Roach. You should have a lawyer review the lawsuit and your records to see whether and to what extent you might be liable. There's no way a lawyer can answer that question without reviewing the materials and discussing your situation with you.

Good luck.

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Answered on 12/26/13, 10:18 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

People frequently use the term "partner" for their business associates or co-owners, whether the business is a partnership or not. I recommend being cautious about calling yourself a "partner" or thinking of yourself as one, if you true legal role was not as a partner in a general partnership, but rather as a co-founder or co-owner of another form of business, such as a corporation or limited liability company. Legally, co-owners of corporations and LLCs are not partners, and the impact on your potential liability can be huge. Sure, in rare circumstances, there can be "piercing of the corporate veil" and a co-owner, director or officer can be held personally liable for corporate obligations, but it's difficult for the plaintiff to accomplish and relatively uncommon.

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Answered on 12/27/13, 2:41 pm


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