Can I hold property as collateral for payment for services rendered?

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Can I hold property as collateral for payment for services rendered?

I own a moving company. We deliver for a furniture store. We receive her new

furniture in her warehouse where she lets us have an office. We have been

given permission to handle receive and deliver the furniture. The furniture is

under my custody although her and I don’t have a contract. She is behind on paying for deliveries about 4 months, $8000. Can I move furniture from her warehouse where my office is to my warehouse to hold without her permission since I have been permitted in the past and still currently have permission to move it just not to my warehouse. I need to have collateral to be paid. Will I get in trouble for this if I take it to hold then let her know I have it until I’m paid?

Asked on July 28, 2018 under Business Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If you take her property or even withhold it without some signed agreement from her giving you the right to do this, you will be committing theft: you could be sued and possibly face charges. If you have such an agreement giving you the right to do this, you can; otherwise, sue her for the money--that is your recourse.


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