Being forced to pay a debt before seeing the bill

[Lif S]

Our feed supplier claims we owe him approximately $950. He is holding our stock trailer as collateral. The problem is twofold: 1) We don't have all the invoices of charges and can't verify what he claims and 2) He refuses to show us the invoices or even tell us the amount total. On top of that, he announced last week that he is charging us $50 per month "interest" - this is a new one to us. And even worse, according to our records, we are paid in full - in fact we think he owes us money - and our trailer back.

This guy wants us to write him a check for the $950 before he will give us the old invoices. Something in me says that this might be a bad idea. Is it?

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Quemado, NM USA

 

[Tracey]

Go forth and hire a lawyer.

Most states frown on stealing someone's property to "secure" a debt one refuses to prove. Unless you signed a contract giving him a right to sieze your trailer, he's committed theft. (Exerting unauthorized control over another's property.)

He can't charge you interest unless you have an ongoing supply contract that specifies interest.

File a police report charging him with grand theft. (The deputies will try to talk you out of it, but insist. They have to take your report.)

You can also ask your attorney to get a TRO ordering him to surrender the trailer on the basis that the endurance season is upon us and you are being severely damaged by his patently illegal actions.


Good luck,
Tracey

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

 

[Lif S]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Tracey:
Go forth and hire a lawyer.

....You can also ask your attorney to get a TRO ordering him to surrender the trailer on the basis that the endurance season is upon us and you are being severely damaged by his patently illegal actions.

<HR></BLOCKQUOTE>

What's a TRO?

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Lif S:
What's a TRO?<HR></BLOCKQUOTE>


My response:

TRO = Temporary Restraining Order


IAAL



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[Lif S]

UPDATE:
This afternoon (4/15/00)we met with the hay guy & his wife (a math teacher who knows how to use a calculator). All was fine till after we were in total agreement that we still owe $63.14 (there were invoices that I didn't know about & hadn't included in my calculations).

He wants us to pay over $300 in fees - none of which we were aware of till this past week, including check charges for checks he never deposited (OK, I'm bad on balancing my checkbook - but I had no idea those checks hadn't been run through the bank) and a nebulous fee of $150 because he thinks he deserves it. He calls it "finance charges".

AND as we were driving out, he yelled at us that he had filed for "storage fees" on our horse trailer, which he still has. How much? Who knows. He doesn't tell us. How can he do this? Who knows.

So I guess we go to small claims court. I don't have a good feeling about this at all. Any further advice?

 

[Tracey]

Consult with an attorney, who will check your state's laws on self-help lien imposition and "finance charges." Ask the attorney to spend about 2 hours to research and help you identify the issues and how to argue or respond to them.

There are 2 other options:

1) Write him a check for $63.14 and write on it "This check constitutes full accord and satisfaction for the disputed account balance and all other charges." Write it on the back in the endorsement area too. When he cashes the check, he can no longer sue you, 'cause he's settled for the $63.14. Give the check to his wife since she's far more reasonable to deal with.

2) Go to police and file a complaint against him for theft of your trailer.

Good luck

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.