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JPEsq
JPEsq, Attorney
Category: Business Law
Satisfied Customers: 5106
Experience:  Experience as both in-house and outside counsel in general business and transactional law
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Hello, I have a partner in India who has sold goods to a customer

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Hello, I have a partner in India who has sold goods to a customer in Colorado, I am in Texas.
The customer owes my partner 55 thousand and had previously agreed to allow us to pick up the remaining goods in his inventory to apply toward his debt, now he says there is no inventory left. This is not true and it is easily confirmed. How can we prevent him from selling our goods and also taking possession of the remaining inventory.
Submitted: 7 years ago.
Category: Business Law
Expert:  JPEsq replied 7 years ago.
You will have to file a lawsuit to collect the debt. In the suit you can ask for an immediate restraining order, preventing him from selling any goods (or that the proceeds be set aside in a separate account pending teh outcome of the suit).

In your lawsuit, you can also request specific performance (that he return the goods).

I recommend you do this quickly, before the goods really are gone and there is no security interest.

It is relatively simple to do, it would be a complaint on account. Once you get a judgement, you will be able to put a lien on his assets, or garnish wages.

There really is no other solution, other than having a lawyer write a letter demanding return within x number of days, to see if you can scare him into compliance. This is usually done before the lawsuit is filed.

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