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Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 31218
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I sold a mobile home and was paid five thousand down with

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I sold a mobile home and was paid five thousand down with a balance of seven thousand after 60 days that was a year ago how do I get my property back

Roger : Hi - my name is XXXXX XXXXX I'm a litigation attorney. Thanks for your question. I'll be glad to assist.
Roger : Do you have a written agreement?
Customer:

no

Roger : Ok. Thanks.
Roger : Since you don't have a written agreement that outlines the terms, you likely will have to file a lawsuit against the person for breach of contract (oral contract) and ask the judge for an judgment against the person for the amount due and for an order directing the person to turn the mobile home over to you.
Roger : Once you obtain a judgment, you can recover the mobile home and try to re-sell it. Whatever you recover from the sale would be applied to what is owed to you by the person.
Roger : If there's a deficiency (difference between what you recover from the sale and what you're owed), you can still try to recover that from the person.
Customer:

how do we go about getting a judgment filed?

Roger : You will have to file a lawsuit against the person.
Customer:

ok. Do we do that in county court?

Roger : You can sue in small claims court/conciliation court if the claim is less than $10,000.
Roger : Here's a link regarding the jurisdiction of this court: http://www.mncourts.gov/selfhelp/?page=313
Customer:

ok. Thanks for your help

Roger : Sure. Glad to help. Thank you for allowing me to assist!
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