Business contract dispute with missing party and unpaid monthly fees

Question

I signed a contract with another party to open a business, and the business license is in my name, registered with the Secretary of State in California. The business is located at my address. However, I haven't heard from the other party since November 26, 2024. There are websites running with my information, and I was supposed to receive $4,000 a month. I've tried contacting them multiple times by calling, texting, and emailing without any response. What actions can I take to address this situation?

Robert Kane · Answer

Unfortunately, you don't provide much helpful information. Why were you supposed to receive $4,000 a month? Do you have a valid contract?  What websites running are running your information? What exactly is your information? What exactly do you want addressed? Are you the victim of identity theft or a scam? Maybe it's worth having an attorney evaluate your situation.  
 
My best to you. Rob Kane Orange County Business Lawyer California.

Pavel Kolmogorov · Answer

Assuming you have a valid contract (oral or written) between you and your partner, you can file a civil action for breach of contract. To prove a breach of contract claim you would need to establish the existence of a contract, your performance or excuse for nonperformance, the other party's breach, and resulting damages to you. Given that you have not received the agreed-upon $4,000 per month, you can seek damages for this breach. The aim of contract damages is to put you in as good a position as you would have been had the contract been performed as promised.

James L. Arrasmith · Answer

Since you've made multiple attempts to reach the other party without success, your first step should be to formally document this breakdown in communication. Send a certified letter clearly stating your concerns, detailing their breach of contract, and specifying a deadline by which they must respond. Keep a detailed record of all attempts at communication, including dates, times, and methods used, as this will support your position should legal action become necessary. 
 
Because the business license and registration are under your name and address, you're potentially exposed to liability related to ongoing activities or debts associated with the websites. You should consider immediately consulting with an attorney to evaluate your options, such as formally terminating the agreement, shutting down unauthorized use of your personal information, or demanding payment of overdue amounts. 
 
If your certified letter remains unanswered, you might need to initiate legal proceedings to recover unpaid monthly fees and halt any unauthorized activities. Filing a lawsuit for breach of contract in California Superior Court could compel the other party to respond, compensate you for financial damages, and clarify your rights moving forward.

Q: Business contract dispute with missing party and unpaid monthly fees