QUESTION
We purchased a business 3/17/11, and 2 months later the old owner was sending letters, with our letterhead, and claiming to still own the business.
Asked on Jul 20th, 2011 on Business Law - Missouri
More details to this question:
an attempt to collect on past due Invoices. Also, 2 of our customers mistakenly mailed Invoice payments, for our invoice numbers and made out to our business name, to the old owner's lockbox. These checks were cashed and deposited by the old owner. Can criminal charges be levied against the old owner for these two actions?
2 ANSWERS
Labor and Employment Attorney serving Atlanta, GA
2 Awards
The answer to your question depends on what was in the contract which governed the sale of the business to you. Usually the contracts contain clauses which obligate the seller not to engage in any activity in competition with the buyer of the business. These agreements are enforceable in Georgia.
As far as the owner cashing the checks made for your invoices, this can be a felony in Georgia. You should file criminal charges against him.
Answered on Sep 06th, 2011 at 5:46 PM
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1 Award
You will need to engage the services of an attorney to address these issues. It is possible that civil litigation will be necessary to obtain relief. As a general matter, criminal charges are a poor way of obtaining redress for business wrongs, and experience shows that police have little interest in business disputes. Call an attorney.
Answered on Aug 11th, 2011 at 12:32 PM