Legal Question in Business Law in New York

i have a locksmith company in nyc.

a month ago we came for a night call to help a costumer that was locked out of her apartment.

we came unlocked the door and changed the cylinder lock to a new one and provided 2 new keys.

the check she wrote us bounced because the account she wrote the check from is closed.

we've tried to contact her to collect the payment including the fee we got for the bad check, but she do not want to solve the case.

she ignore us.

am i aloud to take my merchandise off her door ??

what can i do ??


Asked on 5/13/11, 4:13 pm

2 Answers from Attorneys
Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I can say the following. You can't do any "self-help" remedies, like removing the locks from her door. Your best recourse at this point is to sue her, probably in small claims court, for what she owes. Next time, when you go out on a call like this, be sure to collect cash, or get a merchant account (with a wireless terminal you can take with you into the field) so you can accept major credit cards. Costco has a good program for setting up a merchant account so you can accept credit cards. Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

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Answered on 5/13/11, 6:05 pm
SHAHRIAR KASHANIAN LAW OFFICES OF SHAHRIAR KASHANIAN, ESQ.,

Mr. Murphy's response is comprehensive.

You may approach the District Attorney's Office in the County where she resides and share your story. They may pursue your claim as fraud. If you really want to be vindictive, you can approach the credit bureaus about blatant fraud to warn future service providers.

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Answered on 5/15/11, 8:31 pm


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