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TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4258
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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Can third-party goods be held in lieu? I had goods I purchased

Customer Question

Can third-party goods be held in lieu? I had goods I purchased for my business delivered to a freight forwarder. However, when I wanted to pick up my goods, I discovered that he owed the warehouse & shipping company he uses some money. They have refused to release these goods which are invoiced to me until this forwarder pays up. What can I do?
Submitted: 1 year ago via Cornell Legal Info Institute.
Category: Legal
Expert:  TexLaw replied 1 year ago.
Hi,

Thank you for your question.

Unfortunately, this is a permitted lien by the warehouse. The liability lies with the business that shipped the goods and owes the money. Neither the warehouse nor the shipping company have any liability to you in this situation.

Please let me know if you have further questions regarding this matter. If not, and you believe that I've provided you with all the information you need and have no other questions, please kindly rate my answer positively so that I may be paid for my work on your question by the website.

Best Regards,
ZDN
Customer: replied 1 year ago.

My goods are twice the cost of the money owed. Is It possible to be given part? Secondly, what if the business is unable to pay up, what happens to me and my stuff?

Expert:  TexLaw replied 1 year ago.
Thank you for your response.

The warehouse only has a lien on the goods up to the amount of the money owed. However, even though the goods under the lien may have a value which exceeds the amount owed, the Warehouse does not have to release the goods until it's lien is satisfied. That means that if the issue is not resolved, it may foreclose on the goods by selling them at auction. That means that the goods may sell for under their fair market value.

However, the matter is definitely up to negotiation. You can and should contact the warehouse and attempt to get them to release at least a part of the goods which are subject to the lien.

The supplier who caused this issue is liable to you for any expenses you incur here. However, if the supplier doesn't pay the amount owed, or otherwise have the lien released, the warehouse can foreclose the lien and sell your goods at auction.

Customer: replied 1 year ago.

Just to be clear . The Warehouse can auction my stuff even though they cost more than the money owed? . Do I contact them directly for negotiations ? They've refused to respond to my emails . Or do I use a third party negotiator?

Expert:  TexLaw replied 1 year ago.
That's correct.

They put it up for auction and the highest bidder wins. If the bid exceeds the amount of the lien, they have to pay you the amount they received in excess.

If they will not respond to your emails or calls, it would be wise to go ahead and hire an attorney to negotiate this matter directly for you.
Customer: replied 1 year ago.

One Last Question, what's the best way of Hiring an Attorney With Affordable Charges?

Expert:  TexLaw replied 1 year ago.
That is the question of the day.

My advice on this is that you've got to shop around and avoid the big firms. Attorney's fees are open to negotiation (always). When you go to either solo practitioner's or smaller firms (1-5 partners), they are much more open to accepting an alternative fee arrangement or might even offer a flat fee.

Something like this should really only take a few phone calls and a letter, so I would think it would be under $500.00 unless the situation escalates.

TexLaw, Attorney
Category: Legal
Satisfied Customers: 4258
Experience: Lead trial/International commercial attorney licensed 11 yrs
TexLaw and 3 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Thanks for your Time. I Pray This Issue is Resolved Soon Because My Good S Are Worth About $5000 And It's A Lot of money for Me to Lose. Have a great Day!

Expert:  TexLaw replied 1 year ago.
I'm glad that I've been able to help you and I appreciate your business.

Please don't forget to rate my answer positively!

Thanks,
ZDN

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TexLaw
TexLaw
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Lead trial/International commercial attorney licensed 11 yrs