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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 111527
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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Sold restaurant in 2015. he only made 2 pmts. Still owes

Customer Question

Sold restaurant in 2015. he only made 2 pmts. Still owes $210,000. Have a lien on equipment. I was told I could not file suit until eviction. He absconded with equipment in the middle of the night before he was evicted may 26. I know where the equipment is. Can/should I file an injunction in VA courts?
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 6 months ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

You would have to file a suit for breach of contract, since he has now violated the contract and left with the equipment. When you file your suit for breach of contract you would file a motion for prejudgment seizure of the equipment and ask the court to issue a writ of seizure on the equipment. You would have to file it in the state where the restaurant is and your contract was entered, but if the equipment has been removed from the state, then once you get the court to issue a writ of seizure, you can take that court order to the other state (I presume it is VA from what you wrote) and file a petition to recognize and enforce foreign court order. Then the VA court would issue the order to seize the equipment.

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