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Roger, Attorney
Category: Business Law
Satisfied Customers: 30903
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Hello, We have a vendor who contracted work on a part he

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We have a vendor who contracted work on a part he sent to us which required us to purchase other parts to modify & fix. Once modified and fixed the vendor did not pay us. Some time after (about a month) they had a story that they did not authorize us to do the work, but we have email correspondence where they ok'd the work.

It has been nearly six months can we confiscate the parts?

Roger : Hi - my name is XXXXX XXXXX I'm a Business litigation attorney. Thanks for your question. I'll be glad to assist.
Roger : You likely can't confiscate the parts because you're given up your right of possession by returning them. HOWEVER, you do have the right to sue for the repair costs and seek a judgment for that amount.
Roger : Had the parts not been turned over, you would have the right to hold the property until you are paid. But, once they're returned, that right is generally lost.

Hello. The parts have never been returned to them (our policy is pre-payment before we ship), they are still in our possession.

Roger : OK.
Roger : You asked if the parts could be confiscated, so I assumed that you had returned them.
Roger : SORRY for the misunderstanding.
Roger : If you still have them, you can hold the parts until you're paid.

What happens if they refuse to pay?


Can I sell the parts to recouperate the parts we bought to put into the part and our labor?

Roger : If they refuse to pay, you have the right to sue for what is owed.
Roger : You can also ask the court to allow you to sell the parts and apply the proceeds to what you are owed.
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