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socrateaser
socrateaser, Lawyer
Category: Legal
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Experience:  Retired (mostly)
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I am trying to help the owner of an contract Injection Molding

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I am trying to help the owner of an contract Injection Molding company in Philadelphia that recently went through an orderly close down. Debts to banker are being paid off through the sale of assets. The facility in which the operation was located was rented. The lease term was not completed at the time of close down. The landlord did permit access to the facility so that the machinery and equipment could be sold at auction. Also, at the time of close down, there were a number of molds stored at the company's rented facility. These molds are not owned by the company. They are owned by customers who periodically ordered parts from the company. The molds were used to produce those parts and were then stored at the company until such parts may be later ordered. The Landlord has opened the facility to a liquidatory to permit him to dispose of various equipment in the facilities. We have contacted the Landlord and he has advised us to contact the Liquidator. The Liquidator has advised that he has purchased the equipment in the facility, including the molds, from the Landlord. We have notified the Liquidator that the molds belong to third parties and did not belong to the Landlord. We requested that the molds be returned to their owners. But the Liquidator insists that he has purchased the molds from the Landlord. The molds are showing up on Ebay. We want the Liquidator to immediately cease offering the molds for sale and return them to the owners. What action would you recommend?
Submitted: 1 year ago.
Category: Legal
Expert:  socrateaser replied 1 year ago.
Hello,

The former tenant would have to sue the liquidator and the landlord for "conversion," which is civil theft. As part of the lawsuit, the tenant would file an order to show cause for "replevin" (aka "claim and delivery") which is a short-term action requiring the return of property by the liquidator on grounds that the tenant claim the property is the tenant's (though, in this case, the tenant is a trustee of the customers' property).

This is a very complex legal action. The tenant needs a commercial litigation attorney. This is not a "Judge Judy" type of lawsuit, and it may be possible to negotiate a settlement with the liquidator, via a demand letter from a lawyer -- whereas a letter from the tenant will probably be ignored.

Please let me know if I can be of further assistance.
Customer: replied 1 year ago.


Thanks

Expert:  socrateaser replied 1 year ago.
You're welcome.

Would you please do me the kindness to leave a positive rating for my answer. Otherwise, I receive nothing for my efforts on your behalf.

Thanks in advance.
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 33919
Experience: Retired (mostly)
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