So the company I work for sells retractable awnings. We sold some awnings to a restaurant in NYC. They paid the first half of the products but haven't paid the 2nd half. We had a meeting with them where they expressed their unhappiness with the product stating that the awnings sometimes didn't work well. We signed with them a new agreement that pretty much stated as long as they make monthly payments towards the remainder they owe us that we agree to service the product in case something doesn't work for 1 year (the duration which payments would be made to make everyone whole). This signed agreement also stipulates that if they fail to make payments that we have the right to repossess the awnings. They've failed to make any of the payments.
My question is... what procedure do we need to follow to repossess the awnings? It's clear these people have no intent to pay us and we've made over 10 attempts to contact them to ask where the payments are. Do we need a court order? I was reading that in New York City that you don't need to go to court to repossess a secured debt. I think the example I was reading referenced that if you go to sears and buy a refrigerator and then stop making payments on it, they have the right to repossess it without a court order. Does this apply to our situation? We are trying to avoid costly legal fees and we have the signed agreement, invoices, all the paperwork...
How do we go about getting back the awnings in a legal way?
Submitted May 05, 2016 at 01:05AM by RufioGP http://ift.tt/26Uqpla legaladvice
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