Legal Question in Business Law in New Jersey
Sold Business - new owner not paying
I sold my small business and the buyer gave me 20% down with the balance to be paid monthly over 3 years. He has since made 2 of the 7 payments due and is starting to ignore my emails and calls. I had a lawyer draft the contract for the sale and he and his partner signed the contract personally. How do I go about trying to sue/collect?
3 Answers from Attorneys
Re: Sold Business - new owner not paying
You should first review the contract, preferrably with the lawyer who drew it. It is very possible that there are protections in the contract for non-payment such as a retained security interest over the assets or a right of rescission. Regardless, it seems as if you will have to sue if neither you nor your lawyer can coax further payments.
See also: http://info.corbettlaw.net/lawguru.htm
Re: Sold Business - new owner not paying
You have already tried 'nice and reasonable'. Now you need a lawyer to sue and get a court judgment, and then force payment of the money owed. You may also want to take back the business.
If you are lucky, he will get back on track and pay you after you have a lawyer start going after him.
It might get complicated quickly, and you want to have your best chance to collect as much as possible as soon as possible.
You are likely to be more successful with an attorney representing you.
Please call me if you would like me to assist you. I am in Hackensack, right across from the Bergen County Courthouse.
My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru. This website, LawGuru, will NOT let me list my phone number in this response.
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Re: Sold Business - new owner not paying
Did you file a UCC statement to perfect your interest in the business assets in case the buyer defaulted on the payments?
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