I own my HVAC company. Earlier this year, I installed a package unit on a residential property. Prior to the installation, a contract was signed, agreeing to all the terms and conditions of the installation/payment. It is now 10 months later, she has not paid or even attempted to pay as much as a penny of the $XXXX+ that she owes for the installation. I took her to court, she now has a judgment against her. The magistrate told her that he cannot arrest her for non-payment. The magistrate also told me during this meeting that I cannot repossess MY materials, equipment or accessories because it is now part of the structure. What now?!!
This is on my contract that she signed.
“7. Title to and ownership of all material, equipment and accessories covered by this agreement, whether affixed to the customer’s realty or otherwise, shall be considered personal property and shall be deemed severable without injury to the customer until such time that XXXXXXX Heating & Air Conditioning has been fully paid. In the event the customer fails to make payments when due, the entire unpaid balance shall become immediately due and payable upon the written demand of XXXXXXX Heating & Air Conditioning. Failure of the customer to comply with said written demand within fifteen (15) calendar days from the date thereof shall be considered just cause for XXXXXXX Heating & Air Conditioning to enter upon the premises of the customer during reasonable hours and without further notice and to repossess said materials, equipment and accessories.”