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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Legal
Satisfied Customers: 12302
Experience:  Experienced Licensed Attorney
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Was working at a gym as a Personnel Trainer. I had set up my

Customer Question

Was working at a gym as a Personnel Trainer. I had set up my own workout equipment in a building that was lease by gym owner. The owner was evicted and the sheriffs held an auction where the building owners rep. took possession of all property. The owners where aware that I had equipment in the building. I was told I would have a chance to recover my equipment. In the mean time a new group came in to lease the building. I met with them and they said they had a list of my equipment, and not to worry. They would allow me to continue to train my clients there while they did the renovations. They where going to get mostly new equipment and I would be able to do what I wished with mine. I started training my clients at the gym and brought back all my personnel items that I keep in my lockers, plus other equipment. In a very short period of time they locked me out. They will not answer phone calls any other type of contact.
Submitted: 5 months ago.
Category: Legal
Expert:  Alex J. Esq. replied 5 months ago.
Hello. My name is XXXXX XXXXX X will be happy to answer your question.

I am sorry to hear about this unfortunate situation.

Did you have any type of written agreement with either the prior gym owner or the new gym owner?

Customer: replied 5 months ago.

No only verbal

Expert:  Alex J. Esq. replied 5 months ago.
Dear XXXXX,

Thank you for your follow up.

Were you paying any type of rent to the landlord who was evicted or to the new owners?
Customer: replied 5 months ago.

NO, my clients paid a membership to the old gym owner. I did not have any deal with new owner as gym has not opened yet. He told me not to charge any money while I was training during renovation. I believe the whole thing was a set up so I would not remove my equipment.

Expert:  Alex J. Esq. replied 5 months ago.
Dear XXXXX,

Thank you for your follow up.

Do you have any proof of ownership of your equipment?

What is the value of your equpment?

Where is the gym located? Which borough?
Customer: replied 5 months ago.

Yes I have receipts for some of the equipment. I have the copy of the equipment list that the old gym owner sent to landlord. I have the receipt from the fax that I sent to the landlord with my equipment listed when the eviction happened. Replacement value would be @ 30K. Current value maybe half of that. The gym is located in Nassau county, NY

Expert:  Alex J. Esq. replied 5 months ago.
Dear XXXXX,

Thank you for your follow up.

Is the new gym operating now?

Do you know if your equipment is still inside the gym?
Customer: replied 5 months ago.

The new gym is not operating now. As far as I know the equipment is still inside.

Expert:  Alex J. Esq. replied 5 months ago.
Dear XXXXX,

Thank you for your follow up.

Unfortunately, at this point it would be important to consult and retain local attorney and to have a local attorney send a demand notice to the new tenants to return your equipment and if they fail to do so, it might be neccessary to file a lawsuit for the return or replacement value of your equipment.

Unfortunately, without a written agreement this might be legally challenging to prove the ownership of the eqipment and also any terms of your verbal contract with the new tenants / gym owners, so it is important to be represented by an experienced local attorney.

You can find an experienced local attorney by using this well trusted and reliable attorney information / referral websites:

www.martindale.com

www.lexmundi.com

www.lawyers.com

www.justia.com

I wish you the best of luck and please let me know if you have any related follow up questions.

Customer: replied 5 months ago.

Yes, this is what I believe to. I do have witnesses that where present when I spoke to the new tenants.


 


In your opinion will a "demand notice" get any response?


 


Would it or should it include a threat of a lawsuit?

Expert:  Alex J. Esq. replied 5 months ago.
Dear XXXXX,

Thank you for your follow up.

I am not permitted to provide JA customers with any type of legal opinion or legal service and my answer is limited to general legal answer for educational purposes only.

Generally, a demand notice from a local attorney can be very effective and generally would include a notice that if the dispute is not amicably resolved that any and all available legal options will be pursued, including filing of a lawsuit.

I wish you the best of luck!
Customer: replied 5 months ago.

OK Alex, Thank you.

Expert:  Alex J. Esq. replied 5 months ago.
Dear XXXXX,

I wish you the best of luck.

Please click on the "Excellent Service" feedback, so I can receive credit for my answer.

Bonus and positive feedback are always appreciated, but are not required
Alex J. Esq., Attorney at Law
Category: Legal
Satisfied Customers: 12302
Experience: Experienced Licensed Attorney
Alex J. Esq. and 12 other Legal Specialists are ready to help you
Customer: replied 5 months ago.

Thank you, I have some people working on the matter. I believe Civil rights where violated at the eviction and my property was taken unlawfully.

Expert:  Alex J. Esq. replied 5 months ago.
Dear XXXXXXX,

Thank you for the update.

I wish you all the best!

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