More details to this question:
Went into business with a friend, in return, she obtain services from a friend of hers to provide transportation, housing, medical services for employees etc. based on the contract we won from the government. Her friends company agreed to provide the necessary services to support the company (no written agreement). Between her and I, we agreed to go half on all expenses for the business, she spent the funds earned from joint account and haven't replaced them. And she hasn't full filled her agreement with vendor (her friend's company) to pay her half of expenses as agreed and they are taking legal action against the company. She will not communicate with her friends company via email or phone, completely ignoring them. My half will be complete in 3 more payments. Will I sue be able to sue her for breach of contract/non performance for the amount she owes that the vendor is suing the company for and have this placed on her credit report as a debt owed or possible garnishment of wages?
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The obvious issue here is going to be one of proof...sure, you can sue her but the question is whether or not you can prove that there was an agreement to split those costs. By paying your half you have apparently chosen to accept the contract and services provided by the vendor so the issue remains whether there is evidence that your business partner agreed to pay the other half......this may be proven in a number of ways but more facts would be required. Stephan Math Esq.
Answered on Mar 25th, 2016 at 1:20 PM