I live in PA. and I have entered into a contract with another party. I retain ownership of a piece of equipment as it is in my name. The equipment is in physical possession of the other party in the contract. We have each signed a legal contract stating that the other party will pay stated amount of money by a certain date every month. However there was nothing put into the contract regarding what would happen if the party failed to pay either the amount agreed upon or the due date to be paid. My question is this, because the equipment is still in my name do I have the right to go and remove the said equipment because the othewr party has breached the contract.

This is my answer:

Unfortunately, no, you cannot enter someone else’s property and remove any property without his/her permission.  To recover the property, you need to file a lawsuit for breach of contact, and repossession of the property.  Because your contract does not specify what happens when one party fails to pay as promised, case law tells us what to do.  In this case, you are entitled to money damages equal to the entire contract or you can recover the equipment. If you contract allows you to recover attorney and court fees, you can add this figure to your damages. Once you have a judgment, then you must file a Writ of Execution to recover the equipment. Depending on your county, you will need to hire the Sheriff to visit the property to recover the equipment. I recommend talking to a lawyer before you act; otherwise you may be liable for trespass.

How do I stop a sheriff sale of my home?

This is my answer:

Go to court and file a Motion to Stay Sheriff Sale. Call the court’s clerk and she/he can help you file the necessary paperwork.  You want to file the motion as an emergency. Of course, the judge is going to ask you why do you want to stop the sale. You should have a good explanation about how you intend to pay the past-due mortgage payments.  You may want to contact the lender, and work out a loan modification.  You should also talk to a lawyer to determine whether bankruptcy is a good option for you. On the other hand, if you really can’t afford the mortgage, then you should consider selling the property.

Good luck.

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I bought a used car from a dealership.  I negotiated over the phone, but did not inspect the car prior to purchasing it. I mailed the dealership a check. They delivered the car.  When the car arrived, it had more damage than the salesperson stated.  In addition, when I tried to start the car, it did not work.  I contacted the dealership.  They want me to buy a newer car and pay $10,000 more than what I already paid.  What are my options?

This is my answer:

You have many options.  It appears to me that you have a breach of contract claim and possibly a violation of the Pennsylvania Unfair Trade Practice Act. You can try to contact the dealership’s consumer relations department or their general manager.  If that doesn’t work you can contact the Pennsylvania Attorney General. File a complaint online. If that is not successful, then contact an attorney.  A letter from your attorney may be sufficient to resolve the matter. If not, then prepare to sue them in court.  If you are successful in proving that the dealership violated the Unfair Trade Practices act, then you may be entitled to an additional amount equal to triple your damages. 

Good luck.

“For The Small Business Owner“  on Monday, December 12, 2011 from 11: 00 am to 1:30 pm.

Small business owners, beside spending enormous time on your business life, here is an opportunity for you to step back and take time for you an your personal financial life -to make sure you know how to properly assess it. Presented by SCORE Philadelphia. Click here for more information.