Legal Question in Credit and Debt Law in Missouri
Quit Claim
I am a co-owner of an LLC that is in the process of folding. A check reader machine was leased to us under false pretense by a salesman who was not directly connected with the lease company. He told us we would be able to do things with this machine that later we found out were not possible. Our company's name is on the lease along with my name. I have talked to the leasing company about being lied to and they tell me that we are responsible anyway. They say they only lease the equipment. We stopped making payments because it wouldn't do what we were told. Since we have defaulted on the payment they have turned it over to collections. The leasing company tells me they can't break the lease and we still have the machine in our possession. Is it possible for them to put a judgement against my real estate, seize any bank accounts etc? Could I quit claim my real estate over to one of my daughters and eliminate any chance of judgement being taken against it? We're talking $8600.00 and by the way the guy that fed us all the garbage about this machine has since quit the company!!! Not surprising.
1 Answer from Attorneys
Re: Quit Claim
What you describe sounds like a question of "whose agent was he?" If the salesman worked on behalf of the company, you may have a defense to any suit that they bring, as to breaching a warranty of merchantability or for a particular use. If he worked for you, such as he offers several companies products, and found one that would lease to you, then you may not have a defense to a suit by the lessor. If you are sued, you could bring that salesman in as a Defendant, and allege that he was a an agent of teh lessor and that he defauded you to induce you to enter into an agreement with the lessor. You may have to sue him as a cross claimant. If you hire an attorney, they can help advise you about that, and as to whther your lease agreement waived any warranties, or otherwise reduces your defense options.
As to your real property, the answwer is not as clear. Yes, you can deed the property to your daughter. This might prevent a future judgment creditor from getting your property to Satisfy a judgment. At $8k is seems unlikely that a creditor would go through the trouble of foreclosing to get paid. But, any Circuit Court Judgment would be a lien on the real property in that County. The way some title companies view this situation, it may work state wide. That means that if they take Judmgnet against you, and you later try to sell or mortgage the property, the title company might require the lender to deal with the judgment debt before issuing title insurance coverage.
Have you offered (in writing) to return the machine to the company?
Good Luck