Legal Question in Business Law in California

The company I work for installs phone equipment and some cameras for other companies. Some are refusing to pay. We're a very small company and this is very difficult for us financially. Can we go back to the companies that refuse to pay and repossess our equipment. Legally I think we should since its still ours since they never paid. Also, our invoices state as much. Thank you in advance.


Asked on 6/03/10, 4:37 pm

4 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

The answer will depend upon what your contracts with the customers say. What's written on the invoices probably won't matter, but it could be relevant. You should have an attorney review your files with you.

Of course, even if you can't repossess your equipment you can still sue for the unpaid invoices.

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Answered on 6/03/10, 8:29 pm
Kevin B. Murphy Franchise Foundations, APC

An attorney will tell you it depends on the specific language used in your contract. Whether the language used on your invoices is sufficient or not depends on (1) the language itself and (2) whether this language was agreed on by the parties as part of their contract. Consult with an attorney in your area for specifics.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

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Answered on 6/04/10, 6:33 am
Anthony Roach Law Office of Anthony A. Roach

You are going to run into problems if your installation has become a fixture, rather than moveable personal property.

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Answered on 6/04/10, 9:33 am
Terry A. Nelson Nelson & Lawless

Probably not without risk of creating altercations, and being accused of trespass and other crimes. Your real remedy is likely to sue, and quickly before they go under. If the debt is under $7500, file in small claims court. If over that, and if it is worth hiring an attorney, feel free to contact me.

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Answered on 6/04/10, 2:58 pm


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