Legal Question in Business Law in Minnesota
We lease band instruments. The lessee signs a contract stating that 90 days from the date they sign the contract they must make a decision as to purchasing, leasing or returning the instrument . If no decision is made it is stated on the contract that they are purchasing the instrument. Would the instrument be considered stolen if they keep it after 90 days without making any effort to pay?
2 Answers from Attorneys
Likely no prosecuting authority would issue criminal complaint under these circumstances.
Is there a Security Agreement allowing you to repo the instrument?
Why was no money obtained before delivering the instrument?
You may have only an unsecured claim for monetary damages, and would likely have to bring case in Conciliation Court in MN.
However, you may want to have an attorney send a strongly worded Demand Letter. I would want to review your contract before issuing a Civil SUmmons and Complaint in this case.
Call or email for further assistance.
It would likely be considered aa civil matter since there is an adequate civil remedy available.
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