can you reclaim your merchandise ??

[fredfredfred]

What is the name of your state (only U.S. law)? Washington State

2 years ago I sold some restaurant merchandise. I got half of the money when we signed the contract and the balance was due at the first attempt to remove or at a specific date whichever came first. The person removed the equipment without telling me, I don't live close anymore, and it is now in his possession. After many attempts to get the balance paid, I recently got half of it paid by bi-monthly checks. But for 2 weeks now, no more checks and the person is telling me he cannot pay me right now. My patience ran out and I've decided to go to small claims for $2000.
But I've just had a thought and this is my question.
Because this person still owes me some money, can I get my equipment back. If yes how do I do so ?
The balance is $2000, the total was $9000.

Thanks for any advice...

 

[racer72]

Do you just want to take the stuff back or do you want a court order for a return of the stuff? Unless the purchase contract had a lein clause that allowed for you to repossess the items, you cannot take the stuff back. If you want a court order for a return of the merchandise, you will have to use a higher court, this cannot be done in small claims court. If you just want the money, sue in small claims court. Of course, you will still have the same problems collecting against the judgment just like your problems you are having collecting against the contract.