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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 110543
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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So, I have a liquidation company that ships a lot of freight.

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So, I have a liquidation company that ships a lot of freight. I am about1- 2 weeks behind on my freight bills and the freight broker is holding some of my freight as collateral. This particular freight as already been paid for. It was supposed to be delivered today and they called the freight company and told them not to deliver my freight . Not only that, he is prank calling me. What are my options here.
He is exercising what is known as a possession lien on the property to secure the payment of the money you owe him. Even though this particular shipment may be paid for, if you owe them money then under common law he can exercise a lien by holding the property until you pay him for whatever you owe him.

Prank calling is telephone harassment and you can file a complaint against him with the police in AZ, since that is where the harassing telecommunications are coming from. You could also sue him in AZ for interfering with your business by tying up your business phones with their prank calls as long as you can prove it is him or his company making these harassing calls.

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Customer: replied 4 years ago.

ok..their own terms and conditions state that bills are not past sue until they are 15 days old...which these are not. Anything I can do there? I, at no time did not plan on not paying these bills but they are holding equipment. Just pissing me off....I have dealt with them hundreds of time.

Yes, if the bills are not past due, they have no legal right to exercise a lien and you would have a right to sue them for breach of contract and also for holding the improper common law lien on the property and you can seek damages from them for doing so.

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