Is it legal in Florida to sell someones property left in your place of business to cover the debt they owe you
We own a diesel engine repair business and have a customer who owes us over $4000 for over 120 days. He was been notified over and over and always the checks in the mail. We have some other equipment in our shop he left here to be repaired, I’m wondering of I can sell it to cover his debt.
Only if you go through the courts and get a lien properly filed on the property…if you sell it before this you are liable.
You go to court and file…they give you a hearing with the debtor…if the debt is proved and the debt can’t pay you get the lien. After a certain amount of time you are allowed to sell the item at auction.
The proceeds from the sale go to the costs of the sale…and then the amount owed to you…here the $4000. Any left goes to the debtor….hope that helps…
Also don’t give the property to him…once you give it up you can’t have a lien on it.
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