The business is a bar and grille and the company signed a cognovit note, a management agreement and a security agreement in August. The company knowingly wrote a bad check for a scheduled balloon payment in Dec. 2005 and ceased making any further weekly payments per the contract. No attempts to pay have been made since that time. The business is open and is still being operated by them.
The contract is in default and civil action is being taken. My gut instincts tell me that this whole purchase was a rip-off and they had no intentions of honoring the contract. How can you write a $4K bad check and nothing criminal is being pursued by local law enforcement?
I originally hired an attorney to help in the sale of the business who assured me that upon default they would have to get out upon non-payment. My new attorney is trying to resolve the matter but the case log in the Common Pleas Court is slow.
Any attempts to deliver mail to them is returned unanswered as to their non-payment and several notices for court proceedings as well.
How can anyone just take over your business, not pay for it, ignore court appearances and not be criminally liable. This is for the sale of the business only, there is no property involved because it is leased space.By definition of larceny, I think this may be close.
By the way, one of the owners is a car sales manager.
This civil matter is a joke, I may be bankrupt by the time it is resolved or my business gone.
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