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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 118237
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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6 months ago I started working with an associates Electronic

Customer Question

6 months ago I started working with an associates Electronic recycling company In New Hampshire selling his product for him out of his business warehouse he leases. After about a month into it We agreed to set up an area exclusively for my needs to streamline my sales process. This agreement was verbal and we have no paperwork or signed anything stating our agreement. We came to a confirmed but unhappy on his end agreement of 45% of the sales were mine to keep and 45% him to keep and the remaining 10% were towards his overhead. ( He also has employees on the books as well as another sales guy on similar terms as myself) He then gave me a key to the building with 24 hour access to do whatever I needed to produce profits. At that time I had moved into the building All my Tools, shelves, Totes, Carts etc..etc....and about 3/4 of a 53' tractor trailer full of sellable test equipment and product from The electronics company I was operating previously alone. Net retail value of everything is upwards of $250.000.00. I also brought with me my client base and the  knowledge of the value of most all parts from anything Laser, automation, medical, test and measure, Electrical and most unique items. ( This knowledge is 25 years in the making and priceless in this proffesion) So at that point  Every Friday I would submit a crude form of breakdown and accounting of the weeks sales, Shipping costs, returns, ebay fees ( if any ) , Paypal fees and then transfer all money to his Paypal account Via my paypal account. So most everything went as should for about 3 or more months until I had a domestic with my woman and was arrested and sat in jail for 2 weeks for a $750.00 bail. I got into a fight day 2 in jail and was sent to the hole with phone privileges revoked so I had no contact with the world. When I finally got out I was told by my woman that my associate all of a sudden was accusing me of stealing from him and he wasn't answering any of my calls or texts. After finally flanking him by just showing up he told me some bullshit reasoning why he was spreading that rumor to EVERYONE in our line of buissness. He then apologized and told me to come back in on Monday to pick up were I left off only he wasn't agreeing to the 45% on my end. I told him that was non negotiable and sorta just dodged anymore of that conversation. Monday came and he called and told me that it wasn't a good day to start and so on the next day ..etc,,.,etc...  Until I finally just lost my composure at him via text message and spoke my mind. At that point he grasped and held strong and now loud to I have been stealing from him and he is all set with working with me and he is keeping all my product tools and belongings. I then found out he has spread the lies to everybody in our field so that I really have no option to work with anyone else again it seems. He has also absorbed some of my clients and has gone as far to sell some of my items on and off ebay. I still have my key to the building and he hasn't told me that I am not allowed on the premises. I was thinking of just going there while he isnt there at night and removing what belongs to me but i would like to know what my options are to removing my property without escalting this to a court but not being arrested if the police show up because he finds out that im there.
Submitted: 4 months ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 4 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.
Your best option is ask the police to do a civil standby to go and get your property. If the police will not do so or he will not let you onto the property, then regardless of you wanting to avoid court, the only recourse you would have left is filing suit in court for replevin (return of your property) and also damages for breach of your contractual agreement, even an oral one, and seek damages from the court to compensate you for all of the losses including the false information he spread about you causing you to lose business.
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Customer: replied 4 months ago.
The part were im thinking of going there when he isnt there is going to get me arrested or just not my best option?
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your reply.
The issue here is you can ask the police to accompany you to the place to recover your property. If you go there with the police he cannot have you arrested. If the police do not want to assist, you have no choice but go to court and sue, whether you want to or not, if you want your property back.
Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page , as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.