If I own a small HVACR business, am I within my legal rights to remove parts which I purchased from a previous customers equipment due to non-payment?

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If I own a small HVACR business, am I within my legal rights to remove parts which I purchased from a previous customers equipment due to non-payment?

Invoice states net 15 days for payment and it has been 120 days with multiple attempts to collect.

Asked on December 21, 2012 under Business Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You have NO right to simply remove the parts: if you do that, you will be guilty of some combination of trespassing, theft, and/or vandalism. The way to get your money is to sue the customer for payment. If your business is not an LLC or corporation, you can represent it yourself; but if it is an LLC or corporation, you will need an attorney.


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