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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Legal
Satisfied Customers: 13066
Experience:  Experienced Licensed Attorney
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I have a tanning bed I purchased for 14,000.00 dollars.A ex-friend

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I have a tanning bed I purchased for 14,000.00 dollars.A ex-friend was using in her shop that sold knickknacks some of the stuff was on consignment.My friend failed to pay her bills and the owner locked the doors and said all the things left in building were hers.She said she had a written agreement that my friend would forfeit all property.Can the owner legally keep all stuff?
Submitted: 1 year ago.
Category: Legal
Expert:  Alex J. Esq. replied 1 year ago.
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

I am sorry to hear about this unfortunate situation.

Does your friend's lease expressly states that if your friend fails to pay rent or breaches his/her lease, that your friend would forfeit any belongings left at the rental commercial premises?
Customer: replied 1 year ago.

The owner said she had a contract that said property would be forfeited,but how can property that was on consignment and didn't actually belong to the operator be forfeited ?

Expert:  Alex J. Esq. replied 1 year ago.
Dear XXXXX,

Thank you for your follow up.

Do you have a written agreement that states that your tanning bed was given to your friend to sell on consignment and also do you have proof of ownership of this tanning bed?
Customer: replied 1 year ago.

She was using the bed for people to come in and tan.I do have all the receipts that the bed was purchased by me and owned by me.The bed was mine she was leasing it from me with a verbal agreement,to pay me back in monthly insallment of what she could afford at the time.

Customer: replied 1 year ago.

you still there

Expert:  Alex J. Esq. replied 1 year ago.
Thank you for your follow up.

Basically, this is a tough situation and you would have to either file a lawsuit for a writ of replevin against the landlord and you would have to prove in court that the tanning bed belongs to you and was given to your friend on consignment.

The other option is for you to sue your friend for the value of the bed, since it is your friend who has taken the bed from you based on the verbal agreement to pay you for its value.

You might want to consider consulting with a local attorney and had that attorney send a demand letter for the return of your bed to the landlord and let the landlord know that if the bed is not returned within 10 days from the receipt of the letter from your attorney, that your attorney will pursue legal action against the landlord for the return of your bed and any related damages.

I wish you the best of luck!
Expert:  Alex J. Esq. replied 1 year ago.
Dear XXXXX,


I have provided you with detailed and correct answer and I am not sure why you feel my answer was "Poor Service".

Can you please let me know why you felt my answer was "poor service" and also please let me know what additional information are you seeking or what related follow up questions do you have at this time?

Also, please understand that I do have professional obligation to provide JustAnswer.com customers with correct answers, even when the answer is not favorable to the customer.
Customer: replied 1 year ago.

I thought the answer was fairly vague,I would think there would be a more concrete answer .The bed is mine I entered into a verbal contract with the operator not the building owner ,my property is mine not the operators to imply its hers, to satisfy her failure to pay her bills.I am not trying to argue the law with you by any means. Sorry I didn't get back earlier just got my new router working.

Expert:  Alex J. Esq. replied 1 year ago.
Dear XXXXX,

I completely understand how this type of situation would make anyone upset or frustrated and I do not dispute with you the fact that the bed is yours.

The question is, how do you legally recover it and since the landlord doesn't want to return it to you, it becomes a civil matter and as such you would have to file a lawsuit in your local court to either recover the bed from the landlord or to sue your friend for damages which has been caused by her actions of getting this bed from you and not repaying the full amount owed for the bed and also leaving the bed at the commercial rental premises where this friend has defaulted on rent and thus had forfeited any of the friend's belongings that were left, according to the written agreement with the landlord.

Please let me know if you have any related follow up questions.
Alex J. Esq., Attorney at Law
Category: Legal
Satisfied Customers: 13066
Experience: Experienced Licensed Attorney
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