As a small business ownerm what are my legal options to collect a debt?

Question Details:

I own a small business. I have a customer who owes me about $3000.00. After writing couple of bad checks, he now refuses to pay at all. We tried to pick up the merchandise which he bought from us. But he called the cops on us! What legal rights do we have and what action can we take? Can we place a lien on his business? Who should we contact (besides an attorney)?

Asked 1/22/2010 under Business | 187 View(s) | More Legal Topics

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Business Law Answers

David Slater / Answered 2 years ago | Contributor with 0 answers This attorney is licensed in Florida

Your future invoices should indicate that upon default you can collect attorney fees.

1) Unless when you sold the merchandise to him, you specifically kept a security interest in it, you may not take back the merchandise. He was right to call the police on you, at least from a legal, if not moral, standpoint.

2) Your only option to collect is to sue him. If you sue and win, you have access to some collections tools, including potentially placing a lien on some of his assets. However, you cannot do this without a lawsuit. You could try suing in small claims court, where you don't an attorney and which is generally faster and cheaper, to reduce the cost of doing this.

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