View Full Version : Seize or sue law in because?
chevlynn7
Oct 24, 2011, 07:17 PM
Does this also apply to commercially leased equipment? Missed some lease payments due to foreclosure and forced to relocate causing the business to almost close down. Company took the equipment and now want all the back owed AND the full cost of the lease agreement.
AK lawyer
Oct 25, 2011, 10:33 AM
Does this also apply to commercially leased equipment? ...
Does what apply?
If you want an answer, you will need to try harder in formulating a coherent question. The phrase "seize or sue law", for example, may mean something to you, but not to me.
chevlynn7
Oct 25, 2011, 11:20 AM
I was responding to a statement that was just before my response.
I have a civil case where they took the photo copier as I had gone through foreclosure which affected EVERY part of my life. So my business pretty much shut down.
According to what I had read, if the company took back the item, repossessing the vehicle was the example, then they cannot sue in BC. So that's when I asked if this applied to commercial applications.
If they took the copier, can they then sue me for the supplies and the remainder of lease?
Sorry it was confusing to you. And not sure where "because" came from. It was ALWAYS BC.
AK lawyer
Oct 25, 2011, 11:52 AM
i was responding to a statement that was just before my response.
i have a civil case where they took the photo copier as i had gone thru foreclosure which affected EVERY part of my life. so my business pretty much shut down.
according to what i had read, if the company took back the item, repossessing the vehicle was the example, then they cannot sue in BC. so that's when i asked if this applied to commercial applications.
if they took the copier, can they then sue me for the supplies and the remainder of lease?
sorry it was confusing to you. and not sure where "because" came from. it was ALWAYS BC.
Yes, thank you. It now makes a lot more sense.
So you are in British Columbia. A copier was repossessed for non-payment of one or more installment. In another thread, someone said that there is a law in BC prohibiting them from suing you for anything more. And you want to know whether that law applies in commercial situations such as yours.
I don't know. Perhaps if you can link to the other thread we can find more clues as to what this law says.
chevlynn7
Oct 25, 2011, 01:26 PM
I already tried that. That is why I asked you. The threads all deal with repossessed vehicles. There is nothing to mention about commercial applications or machinery.
It's done now anyway. I had to submit the paperwork today and just asked that in the paperwork. So we will see what happens. Have 'thrown myself on the mercy of the court". So to speak.
Thanks for your time. If you ever discover any info on this, it would be nice to hear from you to see how close to the mark I hit.
Fr_Chuck
Oct 25, 2011, 02:08 PM
You have a written lease, the terms on exactly what they can ( and can't do) should be written exactly in it.
So have you read though it ?
chevlynn7
Oct 25, 2011, 03:16 PM
That's where part of the issue is. In 3 household moves, one of which was forced — ALL of which were unwanted, the papers are not readily available.
The friend that mentioned the 'seize or sue' thing didn't think that anyone could do both. So I was trying hard to find out options and obligations.
I have now submitted my paperwork to the courts and will know what they say in a while.
I refuse to lose sleep over it. I have nothing therefore there is nothing to give or get. If they choose to rule against me, I will then need to figure things further.
Thanks again for your input.
ScottGem
Oct 25, 2011, 03:29 PM
First its not a good idea to piggyback your question on another thread. This can lead to confusion. You should start a new thread. That's why your question was moved to its own thread. Though in this case it created more confusion.
In any case, in any lease, the terms of the contract hold. You need to get a copy of that lease. You need to know what it says about default. It could state that upon default the leasee is responsible for the balance of the lease.