My partner is trapping/forcing me to stay in the LLC?

Laftytaftyduck

New Member
Jurisdiction
Florida
Let me start off by saying thank you for taking the time to read about my dilemma

To make the long story short, let me begin by saying that before my partner and I
formed a LLC together, I trusted this man with all my heart. I knew him for a while
and he is also my in-law, I figured he can't screw me over.

My partner and I agreed that the LLC will be a 50-50 partnership and the initial
investment is 50k. He didn't have the initial funding so the whole 50k was my
money. We verbally agreed that he will later pay me back 25k because it is a
50-50 partnership. I gave him (30K cash and 20K from my father) and I let him take care all of the paperwork such as finding an attorney, setting up the LLC, etc because I am not really good
with paperwork.

1 year after the business open and we filed the business tax and I asked him for
a copy and he refused. I got suspicious so I asked the CPA myself for the copy.
On the tax return it states out of the 50k, he put in 35k (70%) and I only put 15k (30%).
He did all of this without me knowing! He made himself the majority owner.

He doesn't know I have the tax return

I want to remove my name from the LLC and have asked my partner to help me do so since he takes care of all the paperwork and he said no. I do not want to do any business with him anymore since he cheated me but I'm afraid that since he is the majority owner, he can stop me from removing my name. I honestly don't even care about the initial investment that he cheated me, I just want my name remove from the LLC so I no longer am part of it but my partner is making it extremely difficult for me to do so with all kinds of threats (nothing violent or abusive) such as the business will die if I leave, he needs me, etc.

Throughout this LLC parntership, I have worked so hard. I put in 110% and I feel like he does not. He always blames me and never appreciates my work. I feel mistreated, not being value, angry, sad, disappointed, and frustrated. I want to end things on a good note because
he is my in-law after all and I value family a lot. However, I have to leave this LLC partnership because he is treating me like a slave and he wants to control me.

My questions:

Since he is the majority ownership, how can I get the attorney to write a dissolution and remove my name from the LLC?

Should I find a lawyer in Florida (where we are at) or can I also find an out of state lawyer such as in California since my friend knows a few attorneys there?

What are my chances of winning (to remove my name)

If I decide to sue him for the initial investment, what are my chances of winning? I'm afraid there are no paper trails of me giving him the 50K?
 
he is the majority ownership, how can I get the attorney to write a dissolution and remove my name from the LLC?


To withdraw from your LLC partnership, follow these four steps:
1. Determine whether your operating agreement outlines the process.
2. Follow the steps required by your operating agreement or state statutes.
3. Receive your interest in the company.
4. Notify the state of your withdrawal.

How Do I Get Out of an LLC Partnership?

Should I find a lawyer in Florida (where we are at)

If that is what you desire to do.

can I also find an out of state lawyer such as in California since my friend knows a few attorneys there?

You are the BOSS of you. You must decide what is best for you.

What are my chances of winning (to remove my name)

I'm guessing 100%, IF it is done CORRECTLY.

If I decide to sue him for the initial investment, what are my chances of winning?

No one, not even myself, is smart enough to predict the outcome of any litigation.
As a man once said, "You pays your money and you takes your chances."

I'm afraid there are no paper trails of me giving him the 50K?

According to what you posted in your TOP POST, you are 100% correct!
 
I let him take care all of the paperwork

Sigh....

because I am not really good
with paperwork.

So...did you not read or sign the LLC paperwork? Are you telling us that you dropped $30,000 of your own money and $20,000 of your father's money without having anything in writing? Solely because you are "not really good with paperwork"? Sorry, but one could make a pretty compelling argument that a person who would do that ought not be allowed to manage his/her own finances.

I want to remove my name from the LLC and have asked my partner to help me do so since he takes care of all the paperwork and he said no.

What a shock.

He always blames me and never appreciates my work.

And yet you told us that he told you that, "the business will die if [you] leave [and that] he needs [you]." That sounds like appreciation to me.

Since he is the majority ownership, how can I get the attorney to write a dissolution and remove my name from the LLC?

I don't really understand what this question means. If you hire an attorney, the "how" is determined by your lawyer and you in consultation with each other.

Should I find a lawyer in Florida (where we are at) or can I also find an out of state lawyer such as in California since my friend knows a few attorneys there?

If both you and the other member (not a "partner") are in Florida and the LLC is organized in Florida, an attorney in another state cannot help you.

What are my chances of winning (to remove my name)

100%

If I decide to sue him for the initial investment, what are my chances of winning? I'm afraid there are no paper trails of me giving him the 50K?

Despite your use of a question mark, the second sentence here is not a question. In any event, without a proper paper trail, your chances of recovering your and your father's money will depend entirely on what testimony you and others give.
 
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