Appellate Practice Attorney serving New York, NY
A lot of questions here.
First, unless your contract says you can, you can't repossess until a court award you judgment and you employ the proper procedures. You've written your side, but the Court would have to hear both sides before deciding who is in the right.
Second, while you would have remedies which would allow you to collect on any court judgment (including garnishing his wages, selling his assets, etc.), small claims courts generally don't have jurisdiction over people living out of state, although you should check with your local small claims court to make sure. You will probably have to sue him in your states' court of general jurisdiction, which will probably involve paying some court fees (since he purchased goods in North Dakota and the suit arises out of that sale, I believe, unless there are facts of which I"m unaware, that North Dakota courts would have jurisdiction over the case, but it could be an issue; you might have to sue him in MInnesota).
Third, some lawyers do take cases on contingency where they are paid a percentage of what they collect for you. You should contact some lawyers specializing in collections and see if they would handle your case on that basis.
Fourth, just a pet peeve. A settlement is a voluntary agreement between all parties to a dispute to settle it. You can't force someone to settle a case if they aren't willing to, and there is absolutely no guarantee that you will be able to settle this case. You may have to take it all the way through trial and judgment
Answered on Sep 22nd, 2016 at 3:41 PM