Legal Question in Bankruptcy in California

Default on ucc 1

I owned and sold a garage and the new owner has not made a payment in 6 months. Went to an atty but the cost was prohibitive. Can I handle this myself what would I have to do. In tje meanwhile he's still running my business and making $$$ that's he's pocketing without any attempt to make any payments. How can I enforce the UCC1 and recapture my business?? Thank you


Asked on 6/04/07, 2:08 pm

2 Answers from Attorneys
H.M. Torrey The Law Offices of H.M. Torrey

Re: Default on ucc 1

You would need to sue for breach of contract and/or fraud for damages and/or equitable relief. It is not advised to try doing this on your own, but in theory it can be done. However, you would need to retain attorney assistance minimally if you are not completely familiar with civil procedure and court rules. There is not a "crash" course available to teach you this per se.

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Answered on 6/04/07, 2:16 pm
Judith Deming Deming & Associates

Re: Default on ucc 1

There is a reason attorneys attend seven years of schooling! If you have any kind of decent sales agreement (and if you don't, then you should have hired a professional to facilitate the sale!) there should be an attorney's fees provison which would entitle you to get an award of your attorney's fees and costs if you prevail at trial. Thus, even if you have to front the money for an attorney, there would be a good chance of getting reimbursed if you win at trial. This is not a "check the box" or legal forms situation that you are contemplating, so you would be foolish to waste time trying to do this yourself and it could end up costing you more.

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Answered on 6/04/07, 5:11 pm


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