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Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Attorney
Category: Business Law
Satisfied Customers: 1729
Experience:  Practicing Attorney with 10 years experience
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I have a legal question, Ga, No, It is a commercial business

Customer Question

hi...I have a legal question JA: What state are you in? It matters because laws vary by location. Customer: Ga JA: Has anything been filed or reported? Customer: No JA: Anything else you want the lawyer to know before I connect you? Customer: It is a commercial business transaction between 2 companies





I own a business. We have been purchasing equipment from another business. We have given them about $250,000 in the last 9 months. The equipment that we purchase is equipment they are contracted to sell for a National Company. Some things we purchase they extend credit (don't pay before we pickup). We have 2 transactions that are my reason for writing you. The 1st one was for $12,000 usd that we wired to their bank. I have a copy of the invoice that lists all machines and serial numbers and states it is paid in full and has wire transaction number. The second transaction was for $2,500 usd paid with a credit card for additional equipment. As of now they are holding $14,500 of my paid product "hostage" so to speak. They are using that to leverage me into going ahead and paying the invoice that credit was extended on. This has been going on for 2 months. I currently owe them $4000 for what they call a "cash sale", I have never received an invoice. It is my belief that they want cash for certain items because they are either hiding it from the owners of the equipment or the IRS. (That is just my gut instinct.) I have since found out that on the $2500 paid invoice, they moved part of that equipment to Florida and resold it to another party (I have proof of this through online auction screnshots). My question to you is, what are my options to pick my equipment up. I do intend to pay the $4000 but, that has absolutely nothing to do with my paid invoices. I refuse to have them force me into doing so.

State/Country relating to question: Georgia




Submitted: 19 days ago.
Category: Business Law
Expert:  Asad Rahman replied 19 days ago.

The only way I can think of to put pressure on them would be to send either a letter from an attorney threatening legal action otherwise then filing in small claims court.

Customer: replied 19 days ago.
Will the police not do anything...That is kind of a vague answer. They transported my paid equipment across state lines and resold it in another auction.
Expert:  Asad Rahman replied 19 days ago.

I am happy to keep answering your questions to be sure you are satisfied. I suspect the police will view this as a civil matter not criminal.

Customer: replied 19 days ago.
I wired money to their bank and they did not give me what I paid for
Expert:  Asad Rahman replied 19 days ago.

That is the breach of contract. You would have a strong case to sue.

Customer: replied 19 days ago.
i have a paid receipt and no product
Customer: replied 19 days ago.
I have alot of medical problems and they know that, especially high BP. This has taken an extreme toll on me..
Expert:  Asad Rahman replied 19 days ago.

Yes, I understand. They have breached their legal obligation but it is a civil issue.

Customer: replied 19 days ago.
How much can I sue for? The product I paid $2500 for I had sold for over $10,000..What about emotional distress and punitive damages
Expert:  Asad Rahman replied 19 days ago.

The amount you paid for plus attorney fees. Usually judges will not give emotional distress damages when there is a commercial dispute. To get punitive damages you have to prove fraud. The concern i have is that they might sue you for the balance you owe on the line of credit.

Customer: replied 19 days ago.
There is no line of credit...There is nothing that I have signed for, no serial numbers, no model numbers, they are just pocketing cash. I feel they tell there client the product has no value and is going to the scrap yard, then they turn around and sell it for cash so there is no record of it. My customer has already paid for $20,000 for the other items and now I can not deliver it.
Expert:  Asad Rahman replied 19 days ago.

Then they are exposing you to potential damages by your customers. I would go for a higher damages total in district court not small claims court. Try having an attorney send a legal demand. That may be enough to scare them to respond.

Customer: replied 19 days ago.
I am in a terrible situation with my customer. They will probably never buy from me again. Thye have already bought storage trailers for the machinery that they are paying monthly retal on and it is going to jeopardize their window of opportunity to sell the items.
Expert:  Asad Rahman replied 19 days ago.

They could sue you then so you need to begin the process of going after these guys.

Customer: replied 19 days ago.
Is there nothing criminal with any of the payment transactions. I feel like I am being strong armed or something.
Expert:  Asad Rahman replied 19 days ago.

You can notify the police or perhaps the state attorney general's office where their company is located to see if they will help.

Customer: replied 19 days ago.
what about the fact of tehm takiung items out of state and reselling.. They no longer hold title to the item after I pay for it. That is like selling stolen merchandise
Expert:  Asad Rahman replied 19 days ago.

If your contract says that explicitly then yes, but I have been doing this long enough to know the police are not likely to get involved.

Customer: replied 19 days ago.
what does it explicitly have to say? Also, it has both companies listed..It says (major company) straight sale and then it has the company I bought them from, Can I sue both companies? I feel like one is just acting as an agent to sell the equipment....My invoice has model/serial number. I have screen shots from online auction that lists same item models number and serial number and photo... Also, the truck driver that works for them told me they had him take my items down to Florida and put them in another auction and sell them.
Expert:  Asad Rahman replied 19 days ago.

Yes you can sue both companies. It would say explicitly when title passes. I.e. what kind of shipping terms do you have? The shipping terms would help determine title for example who is responsible for loss during shipping.

Customer: replied 19 days ago.
The only terms printed on the last page of invoice say" Thank you for attending this sale" You are responsible for all items when you are declared the successful bidder. Niether (company I bought from) or the owners are responsible for lost or stolen merchandise.Every item is sold where is, as is with no express guarantee. all verbal announcements take precedence over previously written articles. All items must be paid for in complete the day of the sale. No items can be removed prior to payment. They wrote paid in full on my invoice and emailed it to me. they even attatched a copy of wire transaction and copy of credit card receipt.
Expert:  Asad Rahman replied 19 days ago.

Again I reiterate my suggestion to have an attorney send a demand with a short window to respond and if they do not then you file suit.

Customer: replied 19 days ago.
Thank you
Expert:  Asad Rahman replied 19 days ago.

If you have no further questions, a positive rating would be greatly appreciated.

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