how do you give permission to an agent to repossess your heavy equipment piece someone didn't pay and breeched the contract we signed in California?
2 Answers from Attorneys
First, you need to verify (by using a lawyer, preferably) that you have a right to repossess the equipment. Generally, a straight sale with delivery to the buyer gives the seller a right to sue for money damages for breach of contract when he isn't paid. However, usually that's it. In order for you to have a right to repossess, you need some kind of security interest. You may need to have filed a UCC-1. You may need a security agreement. Be cautious and determine your legal rights and limitations before retaining an agent to do a repo.
I agree with Mr. Whipple. If you do not have a security agreement, the other option, which is difficult, is to sue and get a writ of attachment. With the writ of attachment, you can have the sheriff collect the heavy equipment. Getting a writ of attachment will require that you post a bond, and a lawsuit will also be necessary.