Can I repossess my equipment/materials? (NC)
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.”
Last edited by Stamas; 10-01-2010 at 03:02 PM.
You are at the point in NC where you need a lawyer to take it to the next level. Once you get the judgement, you have to finalize it by getting a lawyer involved and going for a "sheriff's sale" and forcing payment.
The legaleze you posted does not apply to equipment installed at a residence that becomes "real property"'
The lawyer will advise you whether the $$ for him justifies the profit you are out....
Give a man a fish, he will eat for a day. Teach a man to fish, he will eat for a lifetime.
Give a man a capacitor, doesn't know what to do. Teach a man to install it, now he knows everything.
I was recently looking into a similar situation for myself, I was working for a guy who ended up not paying me.
Investigating the small claims court in and outs, after a judgement is reached and I think it's within 30 days of said judgement but don't quote me on that, you can obtain some sort of possession order that coincides with the judgement and in turn the courts will seize her assets (up to and including bank accounts, I think) and sell them off and pay you.
A mechanic's lien would be advisable too.
my old boss and i repoed a condenser for a walk in after the buisness owner refused to pay for a few months...never heard a word about it....
would like to have seen his face when whoever he called on a sunday morning for a walk in down told him his condenser was missing....
( boss purposely waited till late sat night)
You can not enforce an illegal contract like you have drawn up(state law over rides any rider you add to a contract).
You need a lawyer to make up your contracts. You should learn some of the laws in your state. so your contracts are legal.
Thanks for the advice 'beshvac'. I should be hearing from a lawyer next week with some insight. I will look into the Sheriff's Sale. Maybe you know the answer to this . . . Is it still considered 'real property' if the unit was installed at a business? (this is a business run out of a house).
Originally Posted by beshvac
Thanks 'beenthere'. I'll be working on my next degree in law. . .
Originally Posted by beenthere
Maybe you should consider the fact that Beenthere might have "beenthere". As you handle indicates you are a biz owner and these are somethings you'll need to know.
We all had to learn biz law, one way or another.
Rack up some posts and jump over to the Pro side where we get into this and other things a little more freely.
Sometimes.............. you need to do what you need to do.
realistically...do you think they have the #s on the condenser if it turns up missing ???
or if the pull out of the disconnect disappears ....
Originally Posted by HVACBizOwner
Then you'll learn what you should have asked the magistrate to also do.
or if the 24v wires get cut. oops. Put a lean on the bldg.