Owed a large amount of money for goods produced.

[Tire]

MA I sold a significant amount of fish to a fish buyer with the understanding that he would pay me as soon as possible, he has failed to do so and owes me over $10k. What recourse do I have, and is there any chance of me ever seeing any money? Can I ask a judge to put a lien on assets until I am paid? Can I petition the state to suspend his permits for conducting a shady business? Can I address the issue with the businesses he sells my fish to? Can I ask the court to prohibit this second party from buying from him should he fail to pay me? What would the statute of limitations be? Thank you

 

[quincy]

MA I sold a significant amount of fish to a fish buyer with the understanding that he would pay me as soon as possible, he has failed to do so and owes me over $10k. What recourse do I have, and is there any chance of me ever seeing any money? Can I ask a judge to put a lien on assets until I am paid? Can I petition the state to suspend his permits for conducting a shady business? Can I address the issue with the businesses he sells my fish to? Can I ask the court to prohibit this second party from buying from him should he fail to pay me? What would the statute of limitations be? Thank you

What sort of fish do you sell - fish for consumption or fish for aquariums? How long ago did you sell the fish? Do you have good records showing the sale/purchase?

You can sue to recover what is owed you by the fish buyer. Once you get a judgment, you can attach assets.

You should not contact other businesses.

 

[Zigner]

Furthermore, the government is not going to suspend anything over a contract dispute, and the court is not going to issue any orders prohibiting sale/purchase of the merchandise.

 

[not2cleverRed]

Small Claims court in MA is limited to $7K and less, with some exceptions - and those exceptions are not relevant to your situation.

So, you cannot do this in Small Claims Court if you are determined to recoup over $10K you are owed, and District Court is a lot more formal that Small Claims (i.e. not so DIY friendly).

I believe if you are to have any hope, you will have to retain a lawyer. You can ask for court costs and legal fees if it goes to court.

 

[Zigner]

You can ask for ... legal fees if it goes to court.

What leads you to believe that "legal fees" (i.e., attorney's fees) can be recovered in this case?

 

[Ohiogal]

What leads you to believe that "legal fees" (i.e., attorney's fees) can be recovered in this case?

You can always ask for legal fees if you are not in small claims court. Whether it would be granted is a different story.

ETA: I said the above.
Zigner is correct though that legal fees cannot be granted due to MA law. I was wrong... He found caselaw that supports him and I am sharing it because HE IS RIGHT!

See Fuss v. Fuss (No. 1), 372 Mass. 64, 70-72, 368 N.E.2d 271 (1977); Wachusett Regional Sch. Dist. Comm. v. Erickson, 354 Mass. 768, 238 N.E.2d 369 (1968).

Apologies.

 

[Shadowbunny]

MA I sold a significant amount of fish to a fish buyer with the understanding that he would pay me as soon as possible, he has failed to do so and owes me over $10k. What recourse do I have, and is there any chance of me ever seeing any money? Can I ask a judge to put a lien on assets until I am paid? Can I petition the state to suspend his permits for conducting a shady business? Can I address the issue with the businesses he sells my fish to? Can I ask the court to prohibit this second party from buying from him should he fail to pay me? What would the statute of limitations be? Thank you

And what if his defense is that paying you isn't possible yet?

 

[quincy]

The statute of limitations for both written and oral contracts is 6 years in Massachusetts.

 

[not2cleverRed]

You can always ask for legal fees if you are not in small claims court. Whether it would be granted is a different story.

ETA: I said the above.
Zigner is correct though that legal fees cannot be granted due to MA law. I was wrong... He found caselaw that supports him and I am sharing it because HE IS RIGHT!

See Fuss v. Fuss (No. 1), 372 Mass. 64, 70-72, 368 N.E.2d 271 (1977); Wachusett Regional Sch. Dist. Comm. v. Erickson, 354 Mass. 768, 238 N.E.2d 369 (1968).

Apologies.

There are exceptions, most notably Chapter 93A. At least, OP makes it sound like "unfair trade practice". Of course, OP has shown in his posting hx a hint of not following/understanding usual procedures, so it may be that he does not have the proof necessary. $10K wholesale is a lot of fish.

Personally, for $10K+ I'd want thorough documentation of what it was for, how it was to be paid, and the consequences of either party not keeping up their end of the agreement especially if I wasn't getting the money up front. If OP did not do so in this case, then in the future he should do so.

 

[quincy]

There are exceptions, most notably Chapter 93A. At least, OP makes it sound like "unfair trade practice". Of course, OP has shown in his posting hx a hint of not following/understanding usual procedures, so it may be that he does not have the proof necessary. $10K wholesale is a lot of fish.

Personally, for $10K+ I'd want thorough documentation of what it was for, how it was to be paid, and the consequences of either party not keeping up their end of the agreement especially if I wasn't getting the money up front. If OP did not do so in this case, then in the future he should do so.

Not really. This appears to be a contract dispute/failure to pay for goods delivered.

 

[latigo]

And what if his defense is that paying you isn't possible yet?

The OP's response to such a "defense" is that where there is no expressed due date, payment in full is due within "a reasonable period of time".

Here the criterion or standard might be the custom within the trade and/or similar transactions with the same buyer. But inasmuch as the OP indicates concern as to when his claim will be time barred, it seems safe to presume that a reasonable period of time has elapsed.

Secondly should the buyer plead such a specious and frivolous defense, the OP would definitely be entitled to be reimbursed for any attorney fees incurred!