Legal Question in Credit and Debt Law in Tennessee

Collections & Repossions of Leased Goods

My mother�s is now the owner of a small business � an equipment leasing company. I am wondering if people are not paying on their leases what is the course of action should she take in order to bring charges against these people or to repossess equipment and recoup past unpaid payments and fees. Are there particular steps of documentation? Does she need to involve a lawyer, collection agency or private detective? To date, one person has sold a piece of equipment without every notifying her or paying her for the equipment (breach of contract), one person moved the equipment without notifying her and completely stopped making payments (breach of contract), several are months behind on their payments (breach of contract), a couple have passed bad checks in order to avoid legal action and taken no steps to make the checks good, one claims that the BATF has confiscated all the equipment and he can�t meet his obligations. All in all there are about 8 companies/people who are in default totaling about 20-30K in potential income. I have looked at the sample letters but want to get the files in order so that we can go to county clerks office and issue a warrant for some of their arrest. Is this possible?


Asked on 3/22/04, 4:27 pm

1 Answer from Attorneys
James R. Becker, Jr. Becker Law Firm

Re: Collections & Repossions of Leased Goods

In Tennessee it is possible to have someone arrested for passing a bad check. However, it is not possible to have someone put in jail for a breach of contract or being debtor. For the remainder, you would probably need to contact a lawyer to help you with the collection matters.

Read more
Answered on 3/22/04, 4:35 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Tennessee