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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 112719
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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I am a dealer for a furniture manufacturer. I ordered about

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I am a dealer for a furniture manufacturer. I ordered about $2,000.00 worth of merchandise for resale. I am unable to pay the 30 day invoice and am now past due by several months. They have turned the account to a collection agency. I have sold some but not all of the furniture to my customers. Is this a criminal act? I don't have the money to pay the invoice at this time.
No, it is a civil matter and they can sue for the money and can also come in and seize any of the furniture not sold if they maintained a security interest in the furniture (by filing a UCC-1, which most companies do not do so they would need a court order to get the furniture back). You need to negotiate a repayment plan with the collection agency to try to prevent them from suing you. If the collection agency is threatening you with arrest, then this is a violation of the Fair Debt Collection Practices Act and you can sue the agency for up to $1000 per violation plus attorney's fees as allowed under the Act and you can also file a complaint against them with the Federal Trade Commission for violating the Act.

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