[baseballmangene]

Owned a business here in Hudson County, New jersey. Sold the business to a new buyer, who agreed to the terms of our sale and also extended the lease I had for another 3 years. My lease was not up until 8/2009 and we did the sdale in June of 2007. Our terms were clear where she paid me a deposit up front and agreed to make a monthly payment to pay off the remaining balance due. It was also agreed that if she was to default on payment for a consecutive 90 days, the equipment and assets would be retruned to me, but she was responsible for the lease and premises. I would just have to take the equipment out as I held that until final payment was made in full. She defaulted, and walked away. The landlord would not let me on the premises to cehck on my equipment and then later tod me he was holding it unless I paid him the past rent that was owed by the owenr that left, I had another buyer lined up but again he said he wanted the money owed by her and that he was holding the equipment or would take it --- as directed by his lawyer. He was there when the sale agreement was done, told me my security was gone when she signed the new lease, and that due to her signing the lease the equipment was then hios. He witnessed and signed our agreement back in 6/2007 which clearly stated about my security, my equipment, and her being responsible for the lease and rent but would lose the equipment. What do I do? Is the equipment mine or do I take the total loss? What if the equipment was damaged that she left there, when he would not let me in on the day she was leaving? She has past due utility bills and all and refuses to sign any court papers or letters in this matter. We know where she works but can she be handed the papers there to get her in court? What do I do about my equipmet that is valued at 16,000.00 U.S. money.

[excon]

What do I do about my equipmet that is valued at 16,000.00 U.S. money.

Hello baseball:

You hire a lawyer.

excon

[baseballmangene]

I've spoken to one who is a friend but isn't sure. He states that the lanlotd can not hold my equipment as it was clearly written in our sale agreement and the landlord too signed as a witness at the time of the agreement. He is holding my equipment for monies the new owner "leasee" of the premises extended saying that it was hers. But she didn't own it as she defaulted on the agreemtn before making full payment to me. Plus they would not let me in the premises when she was leaving so I don't know what was damagd or not.

[excon]

I've spoken to one who is a freind but isn't sure.

Hello again, b:

Go HIRE one who will tell you yes or no.

excon

[ScottGem]

I tend to agree with your friend. If the landlord signed off on the agreement that stated, the equipment was not hers until she paid the contract in full. You should be able to get a court order to remove the equipment. But you need to HIRE a lawyer to prepare the paperwork.

[baseballmangene]

To now have to hire an attorney and that cost... Can I recoup any legal fees? Are there any assistance programs for this ? I just need to know if he can hold my equipment as collateral for money she owes and is not rightfully hers.

[ScottGem]

Again, I don't believe he has a legal right to hold the equipment. But to enforce your rights you need to take legal action.

[baseballmangene]

I will again check. But I did speak to one attorny who stated he could not hold my equipment. When he refused me to check on the stuff when she was leaving, I did call the cops to make a report, in case there were any damages. I will double check on the equipment and if need be, file a claim. Can I recover legal costs by him? After all, his stubbornness when he witnessed and sigend our sale contract, has cost me time and now possibly more money. Not to mention, the equipment may have some issues, that I might have caught before he locked the doors on me.

[excon]

Hello again, b:

In your lawsuit, you ask for legal fees. The judge will give 'em to you, or not. I certainly don't know if he would.

excon