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Posted:  27 Mar 2014 13:56  
So it looks like I will have to take this guy to court. I hired an attorney, and he wrote him a letter stating if he does not return my plants, he we will be forced to take him to court. He did not respond, the attorney called him,and told him I will be coming to take my plants. The owner told him very flippantly, I will not be removing plants out of his building unless I show him receipts. I should not have to show receipts, especially since he could say the plants belong to other clients. Isn't the contract he signed, and proof of invoices stating he leases the plants enough proof. The attorney did a search on him, and his business, and found he has many judgements against him personally, and his business also, and his place is in financial trouble.
Posted:  28 Mar 2014 02:04  
Do as your attorney advises and go remove your stuff.  Don't go alone; be sure to bring at least one witness as a "helper".  Show the client the lease inventory roster and begin to remove your stuff.  If the guy tries to engage you in any discussion or argument, ignore him and go about the business of terminating the lease and removing your plants and whatever else is your property.  In the event that he calls the police, be prepared with your lease contract and inventory roster and a letter from your attorney to you advising you to repossess the items on the lease, as well as copies of all correspondence on this matter.  The police are likely to side with you and advise the client to let you proceed.  Good luck!  I like a feisty 'scaper who knows her rights and fights to defend them.
Posted:  28 Mar 2014 14:32  
Hi Clem,
Thanks so much for your response.. The attorney actually told me not to go there,because he could arrest me for trespassing. The client told him  the plants are in HIS building and I need to show him receipts in order to obtain them. I know this will not change anything, because he first asked me for a list of plants I own which I gave him. He told me he doesn't believe the list is true. If I give him receipts, I know he will deny it. He will probably say the plants and containers could be for other clients I have. Apparently,this client has a lot of judgements against the business, and also against him personally.

What a mess!
Posted:  28 Mar 2014 15:00  
I feel for you.  Sounds like this guy is truly despicable.

I guess we've all had them--the clients that cancelled early and refused to honor the 30 day cancellation notice and pay us accordingly, as well as deadbeats going 3 months without paying and we stopped service by default and they still never paid us.

Even though its a part of business and bound to happen, that doesn't make it easier to take.  I've never had anyone refuse to return leased plants, though.  That's a new one.
Posted:  28 Mar 2014 15:06  
Thanks for your support. I believe he is doing this because of his financial difficulty and can not afford a new plant service. He knows the containers are expensive as well as the plants. All he has to do is have one of his staff take care of them. I am literally enraged by this. He is stealing from me! Unfortunately, this is the type of person he is, my fault for not seeing it sooner.
Posted:  28 Mar 2014 15:38  
You're going to have to sue to enforce the lease's right to forfeiture for non-payment.  In some states, this will give you the right to enter the premises to remove your stuff, but you'll have to prove you own it first.  Unfortunately, this is one of the risks of leasing.  I would advise doing a credit check before you engage in another lease agreement in the future.
Posted:  28 Mar 2014 23:12  
Unfortunately, i am going to sue. The ironic part is that this is one of the upscale hotels in my area. Go figure!

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