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Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.
What does your contract say about default?
Thank you for the information.
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I would need additional information in order to answer your question.
What does your signed agreement say about your recourse in case they fail to pay you? I will need to know what the default clause says in order to assist you.
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Thank you for the information. However, I will opt out and give another Attorney the opportunity to further assist you.
Hello. Another expert here. HOw can we be of assistance?
You have not provided many details about how your business operates with this particular customer. In other words, exactly what do you do for that customer and how do they pay you for it? How is the consignment supposed to work? What is your agreement with them regarding their inventory and the cash flow from sales?
From a strict legal standpoint, you have no right to seize your customers property in payment of past-due commissions. The law would look at it as a prejudgment attachment of property, and in order to do that the creditor must first file suit and request that the court attach property that is in possession of the creditor, which the creditor is fearful of losing control over. In such case, the creditor fears that if the property is returned to the debtor, there will be no money with which to satisfy the eventual judgment. Prejudgment attachment of assets is rare, but the remedy does exist.
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