QUESTION

Do I have a legal right to take back goods that have not been paid for

Asked on Jun 05th, 2013 on Business Litigation - Illinois
More details to this question:
I have been doing work for a broker for over a year. Now the invoices that total about $100,000 are aged between 120 and 45 days. After this much time we know teh end user and the owners. DO I have a legal right to take back the machine parts that have not been paid for? This will get the end user involved and I think it may be the fastest way to get results.
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1 ANSWER

Appellate Practice Attorney serving New York, NY
Absolutely not.  Your dispute is with the broker, not the end user.  You may be able to place a lien on the machine parts, which could be valid up to the amount that the end user owes the broker, if anything, but certainly not to reposess them.  Even if the broker still had the parts, resorting to "self help", in the form of taking property from someone else without any court order or oversight, is fraught with danger, both physical and legal.  Most courts frown  upon it, especially if there is a risk of a breach of the peace when you try to take the property.  If you think the end user could pressure the broker into paying you, you may want to considersimply writing a letter, or starting a lawsuit and seeking discovery from the end user.
Answered on Jun 06th, 2013 at 11:50 AM

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