If a business partner took company money, you may have claims under Florida law. Which claims apply depends on how your business is organized, what your written agreements say, and what the financial records show.
When a Business Partner Takes Money: What This Claim Covers
Misappropriation means a partner uses company money for personal benefit without permission. It can involve cash withdrawals, personal charges on company cards, or transfers to accounts the company never approved.
This issue comes up in several business forms:
- LLC members and managers
- Corporate shareholders
- General partners in a partnership
- Co-owners of a closely held business
A spouse or other family member is sometimes the first to notice. Ownership and the business documents often play a central role in these disputes, so it helps to gather them early.
Not every problem is theft. A disagreement over profits, pay, or how to run the company is usually a management dispute. Taking money without authority is a different issue.
If you suspect a partner moved company money, you don't have to sort out the records alone. Our team can review your situation and talk through your options. Talk it through with our team — we can walk you through how a situation like yours is usually handled and what your options are.
Legal Claims Available Under Florida Law
Several claims may apply at once. The right mix depends on your entity type and your documents.
- Breach of fiduciary duty. In a member-managed LLC, each member owes duties of loyalty and care to the company and its members. The loyalty duty includes accounting for profit taken from company property.
- Partnership duties. For partners, loyalty and care are the only fiduciary duties owed.
- Civil theft. An injured person may sue under Florida’s civil remedy for theft. The person must prove the claim by clear and convincing evidence.
- Breach of agreement and accounting. Operating, partnership, and shareholder agreements often set rules for spending, distributions, and reporting. A breach can support a claim, and an accounting traces where the money went.
- Unjust enrichment limits. Courts generally do not allow an unjust enrichment claim where a written contract governs the same subject, although exceptions may apply. Williams v. Johnson Plead the written agreement carefully.
Warning Signs and Evidence to Preserve Now
Start by keeping every record and changing nothing. Early steps can shape how a dispute is handled.
Warning signs include:
- Unexplained transfers or withdrawals
- Payments to vendors no one recognizes
- Personal expenses on company cards
- Missing or late financial statements
- A partner who resists giving access to the books
Preserve these items:
- Bank statements and general ledgers
- Tax returns and accounting software files
- Emails and text messages
- Signed operating, partnership, or shareholder agreements
Don’t delete, edit, or reorganize anything. Note who had signing authority, too.
You may have a right to see the books. Partners have access to partnership records during ordinary business hours. Under Florida law, a partnership must keep its books and records, if any, at the partnership’s chief executive office. Under Florida law, a member of a limited liability company may inspect and copy the company’s records during regular business hours at a reasonable location the company specifies. The demand must be made in good faith and for a proper purpose.
Plan any confrontation carefully. Early statements can shape how the claim is framed.
How a Florida Partner Dispute Usually Moves Forward
A partner dispute usually moves from review to records, then to negotiation, and then to court or arbitration if needed.
- Review. We read the governing agreements, financial records, and timeline.
- Records and demand. We request records and, where needed, send a written demand. Civil theft requires a written demand before filing.
- Negotiation or mediation. Some disputes resolve at this stage, when that path makes sense.
- Arbitration. If your agreement requires it, Florida generally enforces a written arbitration agreement. A court decides whether that agreement exists.
- Lawsuit. A suit is brought in the right county. Under Fla. Stat. § 47.011, that is where the defendant resides, where the cause of action accrued, or where the property is located. This section does not apply to actions against nonresidents. For many Tampa Bay disputes, that can mean Hillsborough County, but the facts decide it.
Timelines vary with the records and the court’s schedule. No typical length applies to every case.
What a Partner Dispute Case May Seek
A case may seek repayment, an accounting, and court orders that protect company assets.
- Repayment and damages tied to the misconduct.
- An accounting to find the full amount taken and the company’s true financial position.
- Court orders to stop further transfers while the case is pending.
- Before filing, a written demand for $200 or the treble amount is required. If the recipient complies within 30 days, it gets a written release for that act. Fla. Stat. § 772.11 A defendant can recover its fees if the court finds the claim lacked substantial fact or legal support.
No result can be promised. Outcomes depend on the evidence, the agreements, and the court’s rulings.
Why Work With Ayala Law PA on Business Disputes
Ayala Law PA focuses on business disputes in Florida courts and arbitration. The practice covers:
- Business and commercial litigation
- Contract disputes
- Shareholder and partnership disputes
- Construction litigation
- Real estate litigation
- International trade litigation
Eduardo A. Maura is the lawyer responsible for this page. Our team includes assistants and office staff who help move each matter forward.
Our bona fide office is at 1646 W Snow Ave, Tampa, Florida. We represent businesses in Tampa, Hillsborough County, Brandon, Riverview, Plant City, Temple Terrace, and across the Tampa Bay area.
Our approach is practical. We focus on the paper trail first, explain your options in plain language, and keep you updated on next steps.
Not sure what your next step is?
Talk it through with our team — we can walk you through how a situation like yours is usually handled and what your options are.
Frequently Asked Questions
Can I sue my partner if I only suspect money is missing?
Suspicion is a reason to review records first. Any claim depends on proof, so gather documents before you file.
Can I get back money my partner took for personal use?
You may be able to pursue repayment, depending on the claim, the agreements, and the evidence. No result is promised.
Do I need a written partnership agreement?
Florida partnership law still sets partners’ duties without one. A written agreement, though, can change which claims fit.
Is arbitration required?
Only if your agreement requires it. Florida generally enforces written arbitration agreements, and a court decides whether one exists.
Should I confront my partner first?
Plan any confrontation carefully. Early statements can shape how the claim is framed.
Can a spouse start this process?
That depends on who owns the business and what the entity documents say.
Talk to Us About Your Business Dispute
If you found out a partner may have moved company money, you’re probably still gathering facts. You don’t have to sort through statements and agreements on your own. Bring the governing agreement, recent statements, and a short timeline. Call (305) 570-2208 or request a case evaluation through our contact page.
