Legal Question in Credit and Debt Law in Florida
My husband (seller, Jeff) entered into a contract with a guy (buyer, we'll call him Larry) for Larry to buy his current and running business in installments. Larry defaulted on the payments in the first 2 months, but Jeff decided to keep him on as running the business but working for Jeff instead of purchasing it. The contract was written but the cancellation was verbal. Last week, Jeff drove by Larry's house to ask him about some items that were missing from our house (a pressure washer). Larry wasn't home but Jeff noticed some of his (Jeff's) personal equipment as well as some of the equipment from the lease in Larry's yard. Jeff promptly rounded up all of the equipment and took it back home. Larry came home, talked to Jeff, and the next day proceeded to file a police report with our local sheriff's office that the property was stolen, and that Jeff had stolen it. Larry still drives the company truck home (registered in Jeff's name) at night although he doesn't work for Jeff as of now. Larry showed the sheriff's deputy the signed and notarized contract and the sheriff told Jeff that he could be arrested for theft of the personal items he took home. The deputy refused to let Jeff take his own truck home and Larry stated he would press charges for theft if Jeff didn't allow him to work anymore. When Jeff asked for his property back, Larry refused and told him he would have to fight for it back. Jeff was told he cannot repossess the truck that he will have to go to court and get a writ of replevin. The contract Larry showed the deputy clearly states that Jeff may repossess all of his equipment by any means necessary, initialed by Larry. What are Jeff's rights in this? Because I feel like Jeff is getting really screwed over right now for trying to give someone a chance. My other question is, will Jeff be arrested for theft of his own property even though it was outside in Larry's yard, unfenced and unlocked? Jeff was also told by Larry that the pressure washer must have been stolen because all of a sudden he lost it when he found out he wasn't working for Jeff anymore.
1 Answer from Attorneys
Jeff needs to sue Larry for the missed payment and to take the business back. Jeff also needs to get a writ of replevin to get the property back, and he'll need to sue Larry for all the property that is missing, including the pressure washer that was "stolen." Larry ahs to pay for it, whether it was stolen or not.
I don't know if Jeff will get arrested for taking property that was legally his, but I seriously doubt that the State Attorney's Office will pick up the charges.
Jeff shoud get a lawyer to assist him right away.
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