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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
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.
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.
That is the breach of contract. You would have a strong case to sue.
Yes, I understand. They have breached their legal obligation but it is a civil issue.
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.
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.
They could sue you then so you need to begin the process of going after these guys.
You can notify the police or perhaps the state attorney general's office where their company is located to see if they will help.
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.
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.
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.
If you have no further questions, a positive rating would be greatly appreciated.