Legal Question in Business Law in Arizona

refusal to return property

My business has a contract to rent a cooler to another business (in the business' name). The other business changed hands--the original owner who originated the contract sold the business NOT including our cooler. The second owner sold to another new owner, and according to the new owner, the second owner included the cooler in the sale, so the new owner refuses to return it to us. We need our cooler back and have a contract with the business (from the original owner) making it clear the cooler is ours. Can we use a civil servant and go get it or do we have to go to court? Who would we sue, the original owner, the second owner who fradulently included it in the sale, or the new owner who refuses to return our property?


Asked on 2/05/09, 6:41 pm

2 Answers from Attorneys
Donald Scher Donald T. Scher & Associates, P.C.

Re: refusal to return property

Since the new owner refuses to return the cooler to you, you must go to court. He is the one who has a claim against his previous owner who wrongfully included the cooler as an asset. I would recommend that you sue both parties. I don't know how much money is involved, but once you take legal action, they will probably find that it is better to return the cooler to you. It is not clear, but it sounds like you have a claim against the previous owner for rent as well.

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Answered on 2/06/09, 12:34 pm
Donald W. Hudspeth The Law Offices of Donald W. Hudspeth, P.C.

Re: refusal to return property

The court action ($5,000.00 advance fee) would be a replevin action. You could try a demand letter ($950.00 flat fee + $500.00 follow-up) to both parties first. How much is this cooler worth?

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Answered on 2/10/09, 12:06 pm


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