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Is possession nine tenths of the law?

  • 01-07-2013 10:59pm
    #1
    Lux23
    Registered Users, Registered Users 2 Posts: 7,134 ✭✭✭


    mA friend of mine went into business with a friend from a non EU country. The foreign guy put up €13,000 for the business but left my friend to do everything. Three months in and there have been a litany of problems, the worst of which were drug use on the premises by the foreign guy and my friend also discovered that this guy is now an illegal immigrant.

    My friend has put a lot of money into the business himself and has worked really hard, he made the decision at the weekend to buy the other guy out over time. Unfortunately, both their names are on the the lease so it is technically 50/50, but the foreign guy's behaviour has made it almost impossible for my friend to continue the business and he told him yesterday that either he bought him out by paying him back his money over time.

    The foreign guy took the wrong end of the stick and physically attacked my friend, the guards were called and because the guy was illegal my friend let on that it was someone else who ran off.

    This was on Sunday, today the foreign guy's girlfriend came down demanding all of the money and physically attacked another member of staff when she tried to stop her stealing the till.

    The guards were called again and she left eventually. The foreign guy has agreed not to come to the premises again, but won't accept the payment schedule my friend has laid out. He has decided to get a solicitor, which is his right.

    But number one, the money was brought into the country undeclared so he has no proof that it ever belonged to him and number two his visa ran out almost a year ago so he signed a lease when he wasn't legally able to.

    My friend wants to pay the money back, and hopes to in the next six months. But he has said to the foreign guy that he should consult a solicitor either way.

    Could the foreign guy win? Or would a solicitor just tell him to accept the payment terms offered to him?


Comments

  • #2
    Pat Mustard
    Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    Lux23 wrote: »
    The foreign guy put up €13,000 for the business

    both their names are on the the lease so it is technically 50/50,

    he made the decision at the weekend to buy the other guy out over time. but (the other guy) won't accept the payment schedule my friend has laid out. He (the other guy) has decided to get a solicitor, which is his right.

    Sounds like trouble.

    I'd guess that the other guy's side of the story will be different from your friend's.

    It's not possible to predict what advice might be given without all of the relevant facts.


  • #3
    Lux23
    Registered Users, Registered Users 2 Posts: 7,134 ✭✭✭Lux23


    The Mustard wrote: »
    Sounds like trouble.

    I'd guess that the other guy's side of the story will be different from your friend's.

    It's not possible to predict what advice might be given without all of the relevant facts.

    Well, he can't have this guy on the premises though, he smashed a glass over his head and the girlfriend is also a headcase. He wants to give him back his money, but can't until the business turns a profit. It could be a long, drawn out affair and it would be best for both parties to come to a mutually beneficial agreement. But as I said the foreign guy won't entertain a payment plan at all.


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