I sold equipment and the buyer refuses to pay.

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I sold equipment and the buyer refuses to pay.

In January 2009 I sold some restaurant equipment to the owner of a local business. We drafted a one-page agreement and we both signed it. Under the agreement he was to pay $10,000 by April 15, 2009. He has only paid me $4,000. He also gave me a check for $5,000 that bounced for insuficient funds (he knows this happened).What is the legal process to reposses the equipment? Is this a civil case or is this a criminal act?

Asked on May 11, 2009 under Business Law, Texas

Answers:

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

The short answer is that you should file a civil suit to collect the money. The claim you are making is for a breach of contract.  To prove this claim, you need to show the existance of a contract, a breach of the contract by one of the parties and monetary damages.  You can use the agreement to show the existance of the contract.  The guys failure to pay is the breach. And you have damages becasue you are owed money under the agreement.  After you get a judgment, you can execute on it by filling out some forms and having a marshal go to get it for you.  I suggest contacting a lawyer to help you.  This is a very simple matter that should only cost you 2K give or take.


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