A manufacturer of agricultural equipment recently hired Attorney James Teigland after one of its customers stopped making monthly payments. The case was made slightly more complicated from a typical repossession, which are frequently completed without court intervention, by the fact that the leased equipment was attached to a truck that the manufacturer did not have a lien or security interest in and it would take up to 8 hours to remove the equipment and the customer refused to return the equipment or truck and had stopped answering his phone.
The client-manufacturer and Teigland decided to start a lawsuit to repossess the equipment. A court hearing was scheduled two weeks after the lawsuit was started and the equipment was repossessed three days later.
The equipment will now be sold with the sale proceeds being applied to the amount owed by the customer-debtor, including attorney’s fees incurred by the client-manufacturer because the lease agreement contained an attorney’s fees clause.
Fremstad Law encourages companies that lease or finance the sale of equipment to set up an appointment with one of its attorneys to review its processes for repossessing equipment. And anyone that is considering attempting to repossess property or anyone that has had their property repossessed should also consider contacting the Fremstad Law. James Teigland and Joel Fremstad have previously won a trial and an appeal on behalf of companies that have had their equipment wrongfully repossessed.
© 2021 Fremstad Law
TERMS OF USE AND DISCLAIMER: Thank you for visiting the Fremstad Law Web site. Please note that the materials on our site have been prepared by us for general informational purposes and are not legal advice. We will not accept requests for legal advice over the Internet. You should not rely on any information contained herein in evaluating any specific legal issues you may have. Do not send us information about your legal issues until you speak to one of our lawyers and get authorization to do so. The firm does not and will not consider or treat any unsolicited e-mails or information sent to us, an attorney, or an employee of the firm by persons seeking legal advice or other non-clients to be confidential and the firm reserves the unconditional right to disclose or use any such unsolicited e-mails or information for any purpose. Your use of our Web site and/or sending e-mail to us or one of our lawyers does not create a lawyer-client relationship. A lawyer-client relationship is not created except by a written acknowledgment of such an engagement signed by a member of the firm. For your convenience, our Web site may contains links to other third-party sites. We do not endorse or verify the accuracy of information on such sites and are not responsible for the contents of any of these third-party resources. The inclusion of such link on this site does not imply the endorsement, recommendation or approval of that site by Fremstad Law.