What do I do if my former business partner won't let me collect my things?
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That is nonsense. If you bought it with your own personal money, not LLC money, it is your personal property and you can go retrieve it any time you like unless you have been locked out.
If you have been locked out then you will have to sue the other person for what is called "conversion" for its return, which is the unlawful keeping of the personal property of another.
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I recently left an LLC. I have attempted retrieve my furniture that I purchased with my own personal debit. My ex business partner is saying that it is company property, and refuses to let me retrieve it. What can I do?
I understand the situation can be frustrating. Did you have any written agreement regarding ownership of the furniture when you left the LLC?
No.
Have you tried to negotiate with your ex-business partner outside of legal action to resolve this matter?
Yes
Is there anything else the lawyer should know before I connect you? Rest assured they'll be able to help with your property ownership issue.
Yes
Hello and welcome to the site! My name is Barrister. I am a licensed attorney and I am here to help with your situation.
I know your question is important, but there may be a short delay in my responses as I type out an answer or reply as I am typically working with several customers at once on the website.
I have read your post and I am sorry to hear you are having to deal with this situation as I realize it can be frustrating and confusing.
How is the partner preventing you from retreating your personal property? Have they done something like change the locks to the building?
No, they are verbally telling me that their attorney is stating that my property is " company property " because I left the LLC even though I have received zero correspondence from an attorney.
That I forfeited it, even though the furniture in my office, along with the tech, was purchased a month before the LLC was formed, and was paid for by me with my own money, no business account, no business card.
That is nonsense. If you bought it with your own personal money, not LLC money, it is your personal property and you can go retrieve it any time you like unless you have been locked out.
If you have been locked out then you will have to sue the other person for what is called "conversion" for its return, which is the unlawful keeping of the personal property of another.
That is my sentiment exactly and also where is the letter or correspondence stating so from his attorney. I am set to head there tomorrow to pick up my things.
What should I bring with me? I have my attorney letter and my reciepts. Should I show the police officer before hand?
I must be missing something because I'm not sure where the police come into play here?
When I separated from the LLC, it was due to finding out he was using our business account for personal use. He became confrontational, and a witness called the police. My attorney advised me to pick up my things with an officer present for documentation
Understood. So if you are having a police officer escort you to the property then you don't need to prove anything to the police officer they're there to simply keep the peace. They don't act as a judge or jury..So as long as you are able to access the building you can take any personal property that you purchased and there's nothing that the other person can do to stop you.
Perfect, and if he refuses, what should I do?
If you have been locked out then you will have to sue the other person for what is called "conversion" for its return, which is the unlawful keeping of the personal property of another..The same exact recourse applies if the person will not allow you to take your personal property.
