Have Legal Questions? Ask a Lawyer Now.
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.
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.
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?
why cant i removed the sign?
what can happen if i do?
i need answers please.
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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).