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Jack R.
Jack R., Attorney
Category: Legal
Satisfied Customers: 6147
Experience:  OH/TX Practicing Attorney focusing on Family Law, Foreclosure, Landlord-Tenant Issues.
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I have a sign business in Texas. I made and installed a sign

Customer Question

I have a sign business in Texas. I made and installed a sign for a customer on november 2009. The customer paid me the deposit of 2000.00. I installed the sign on November. Since then Im trying to get paid, but customer ignored my letters. I notified the property lanlord about his tenant debt with me. I have emails proving that lanlord respond to my emails so I understand he had talk to my customer about the debt he have with me. My contract said that all signs should be paid on day of installation and that sign is my company property until fully paid.
CAN I REMOVE THE SIGN FROM THE PROPERTY IF HE DOESNT PAY ME? WHAT THE LAW IN TEXAS SAID ABOUT THIS?
Submitted: 3 years ago.
Category: Legal
Expert:  Jack R. replied 3 years ago.

You cannot remove the sign. In order to do so you would have needed to create a secured interest in the sign. What you can do is to file a claim against the company and then as part of the judgment request the sign be returned.

 

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This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

Customer: replied 3 years ago.

YOU MEAN IN SMALL CLAIM COURT?

EVEN ON MY CONTRACT SAID I CAN REMOVE THE SIGN IF HE DOESN'T PAY ME?

I DONT WANT THE SIGN, BUT REMOVING IT WILL MAKE THEM PAY BECAUSE IT WILL COST THEM MORE TO SENT TO DO ANOTHER SIGN.

DO I NEED A LAWYER TO CREATE A SECURED INTEREST ON FUTURE SIGN JOBS OR HOW I DO THAT?

Customer: replied 3 years ago.

why cant i removed the sign?

what can happen if i do?

i need answers please.

Expert:  Jack R. replied 3 years ago.

 

Personal property subject to a security interest can be repossessed by a creditor or collections agent if the debtor violates or defaults on the terms of the loan. In this case, the creditor can take repossession of the collateral named as part of the security agreement. The creditor does not have to file a lawsuit or receive the permission of the court to do this, and, as long as the creditor does not violate any laws in recovering the property, it can do so whenever it chooses.

 

The Uniform Commercial Code (UCC), provides for the lender to retain a security interest in the personal property or chattel until the lender is paid in full. The security interest is available to the lender even though the chattel is installed in real property e.g. your sign. The security interest is created by an instrument called a Security Agreement. Your contract identifying the payments and the collateral may be sufficient.

You also need a financing statement (although the security agreement may suffice).

 

You would then file a financing statement along with the security agreement in the office of the County Recorder or Secretary of State. This filing provides constructive notice to all the world that a security interest exists in the personal property that is the subject of the security agreement. As a result, the attached item does not become a fixture or a part of the real estate. Consequently, if the buyer/borrower defaults in payment, the lender can remove the article of personal property even though it has been attached to real property.

 

You contract may suffice as a security agreement if the parties and collateral are completely defined. In a security agreement, the purpose of the collateral description is to unambiguously identify the property in which the secured party holds an interest. This is intended to allow someone to get the specific property if needed.

 

A financing statement is sufficient if it gives the names of the debtor and the secured party, is signed by the debtor, gives an address of the secured party from which information concerning the security interest may be obtained, gives a mailing address of the debtor and contains a statement indicating the types, or describing the items, of collateral.

 

the reason you cannot remove the sign is becasue the sign is not yours without an interest. You can get a judgment in small claims to get the sign. In the future you need to create a secured interst in your property so you can repossess in case of default.

 

 

 

If you found this answer informative please press ACCEPT so I may get credit for my response.

This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

 



Edited by Jack R. on 10/1/2010 at 3:07 AM EST
Jack R., Attorney
Category: Legal
Satisfied Customers: 6147
Experience: OH/TX Practicing Attorney focusing on Family Law, Foreclosure, Landlord-Tenant Issues.
Jack R. and 16 other Legal Specialists are ready to help you
Customer: replied 3 years ago.
thank you for answering in detail my questions.

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