Legal Question in Business Law in Missouri

default on payment

i own & run a used lawn mower business & sold a mower on a verbal agreement.{payment would be made in full in a month or two} I have recieved no payment and is now going on 13 months. I sent out a letter stating that I needed my payment in full or mower would be repossed. I recieved n mail a check for $50.00 (full pmnt. is $1,800) I sent the check back to customer with a letter stating that I needed pmnt n full or would repo. mower. Now I have recieved a letter from his attorney that I have no reason for repo or demanding my money & should not contact customer but instead contact his attorney? What are my leagal rights?


Asked on 9/13/06, 1:00 pm

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: default on payment

You are likely going to have to hire an attorney and seek a writ of replevin if you want to be sure you won't run afoul of Missouri law. In Missouri, you can repossess an item of equipment if you hold title to it, or if there is a written agreement that gives you that right, and the repossession can be done without breach of the peace.

An attorney can file a writ of replevin to get your mower back.

Good luck.

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Answered on 9/13/06, 6:27 pm


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