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Subject:
Business Problems in Florida
Category: Business and Money > Small Businesses Asked by: 428714-ga List Price: $25.00 |
Posted:
18 Sep 2002 05:27 PDT
Expires: 18 Oct 2002 05:27 PDT Question ID: 66359 |
Andy and Paul form a corporation. Paul opens a personal AMEX account for business expenses and puts Andy on the account as an authorized user. (A business account could not be established through AMEX because the business was less than two years old.) After a fallout, Paul resigns from the corporation and they have a verbal agreement in which Andy will make monthly payments to the AMEX account in good faith. Andy has a list of the equipment and products and start up costs that were charged and has proof of regular payments to AMEX in the form of cancelled checks. Paul has removed Andy's name from the account and possibly closed the AMEX account which has not been used since Paul's resignation. However, Andy does not know how much or what Paul has charged since then since he no longer has access to the account and Paul is insisting that checks be written to him, not AMEX. Paul is now making verbal threats to sue for the balance of the debt, which happens to be a higher amount and to have the police confiscate the equipment and products purchased through this account. Question: Does Paul have legal grounds to sue even if he has been receiving payments every month as agreed or to send the police to confiscate equipment at the business? If Paul moves the debt and closes the account is Andy liable to pay Paul if there is no written contract? |
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There is no answer at this time. |
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Subject:
Re: Business Problems in Florida
From: erikah-ga on 15 Mar 2004 08:57 PST |
According to what I've learned in a recent business law class, a verbal agreement conerning an amount exceeding $500 would be very difficult to enforce. Paul owns the account and would be financially responsible for all of the debt in his name, whether Andy was an authorized user at one point or not. If Andy wants to do the ethical thing and pay what he feels is his portion of the debt, and has all of the paperwork and proof of the payments he has made, then I would suggest going to court (small claims court if possible) and getting a clear and definte outline of his financial responsibility. |
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