Legal Question in Criminal Law in Wisconsin

I have a ucc filing on equipment at a hair salon. We have had an initial court appearance and waiting for a trial date for failure to keep insurance on the equipment and failure to make payments. They have emailed stating that they are moving the equipment to another county. Our agreement states they can not move the equipment without my approval. Can I charge the person who is purchasing the equipment on a loan agreement with theft if they move the equipment without my approval?


Asked on 4/18/11, 6:31 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

In order to determine whether or not your lender�s repossession of your business equipment is legal, I would need to see the loan paperwork which relates to your business equipment and UCC filing. Often, such documents give the lender the right to take possession of equipment if you have defaulted on the loan and sell it in order to raise funds to pay the loans. If you gave them this right, their activities are entirely legal and you would not have a credible theft charge against the buyer. However, a chapter 13 bankruptcy could possibly be used to reinstate the loan and have the equipment returned to you in order to run your business, provided that you are able to make the new payment amount which would be provided in your chapter 13 plan. You would also need to prove that you have current insurance on the w equipment before you could get it back. My comments here are not legal advice, nor do they create an attorney client relationship between us; rather they are only for public educational purposes on this website. You are, however, always welcome to contact my office in Racine to discuss any additional questions which you may have or to set up a free consultation.

Read more
Answered on 4/19/11, 5:44 am


Related Questions & Answers

More Criminal Law questions and answers in Wisconsin