Query: "I withdrew from a partnership, but I haven't sent a refund demand letter. Now, I received a letter claiming damages for breach of agreement, but the letter contains false information. What is the best counter?"
Understanding Partnership Withdrawal and Breach of Agreement
In the Philippines, partnerships are governed by the Civil Code, which provides for the rights and obligations of partners. Withdrawing from a partnership can lead to complex legal issues, especially if the withdrawal is seen as a breach of agreement. If you have withdrawn from a partnership and received a letter claiming damages for breach of agreement with false information, it is crucial to understand your legal position and potential remedies.
Legal Framework for Partnership Withdrawal
Under Article 1830 of the Civil Code, a partnership can be dissolved by the withdrawal of any partner unless otherwise stipulated in the partnership agreement. If the partnership agreement does not provide specific terms for withdrawal, a partner can withdraw at any time, but the withdrawal must not harm the partnership.
Responding to False Claims
If the letter you received contains false information, you have several options:
Review the Partnership Agreement: Check the terms of the partnership agreement regarding withdrawal, refunds, and liabilities. If the agreement provides a procedure for withdrawal, ensure that you have followed it or plan to follow it accordingly.
Send a Reply: Respond to the letter with a detailed explanation, refuting the false claims and providing evidence to support your position. This should be done in a professional manner, ideally with the help of a lawyer.
Request a Meeting: If possible, request a meeting with the partner to clarify the issues and negotiate a resolution. Mediation can be a useful tool to resolve partnership disputes without litigation.
Seek Legal Assistance: If the partner persists in making false claims or if the dispute escalates, consult a lawyer who specializes in business law to protect your interests and potentially file a counterclaim for defamation or damages.
Conclusion
Withdrawing from a partnership in the Philippines requires careful handling to avoid legal complications. If you face false claims of breach of agreement, it is crucial to address the issue promptly and professionally. By understanding your rights, responding appropriately, and seeking legal assistance, you can protect your interests and resolve the dispute.