My ex boyfriend and I registered an Inc corp march 2015. All the ads where address to his phone number. We broke up and he left the office (he didnt ask for anything, there is no assets to split because is a computer services business) He kept saying that he is not doing any computer or IT service that every call he gets he directs it to me but he opened a new LLC Corp. on october 2015 where he appears as only registered agent That does the same as we used to do. But he is still registered on my corp. as President and me as VP. When we opened the corp. we didnt sign any contract or agreement. He is getting business because I saw his bank statement (personal checking acct) with transactions coming from IT services. How to get started? What legal action can I take? how can i sue him or his company? How can i proof his company is affecting my company? Can i represent myself in court on this issue? (plus, now he is taking me to court to reduce the child support for our daughter)
Your questions are too complex to really give you specifics but this is some general information. Since you have no written agreements concerning what might happen if the business broke up you may have some difficulty. Many times businesses will have members sign a non-compete agreement. Violating that agreement can be the subject of a civil case. But you do not have that in your situation. Depending on the specific facts and what the understanding was between the two of you in case your relationship ended, you may be able to assert some type of civil claims (i.e. some type of breach, fraud, tortious interference). What you might be able to claim really depends on the specific facts though. You can represent yourself but if it your company making the claim then you cannot and will need an attorney. Even if it is you suing as an individual, this situation sounds more complex and you should seek out a commercial litigation attorney. As far as him now seeking to reduce his child support, your business claims would more likely need to be dealt with in a seperate forum as the family court would probably not have jurisdiction to hear those claims. Again, discuss with a commercial litigator.
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