Business failed and we lost more than that PLEASE HELP !!?
Me and my husband owned a fine restaurant business for 9 years , unfortunatly we had some problems and was out of cash flow.
After months of suffering we had got into some deep depts , we can't even pay off the rent of our restaurant . The landlord,Bob, had filed an eviction notice in April . It said the police will come anytime to shut the restaurant after we recieved the letter.
We did not moved out and still operated our restaurant as we hope to making more income to pay off the rent.
But within a month the restaurant was shutted and we lost all the fixtures and other equiments that we had invested in costed almost $400,000 .
We only owed BOB 45,000 for the rents,and now he got everything in restaurant, rent it out again, and STILL come after us for the 45,000 he is now trying to freeze our bank account and took the last money we had that not even enough to cover our living.
w no money for lawyer i need help & advice , and also wanr ro know what else can BOB do more?
Answers:
You don't say where you live, so it's hard to give you any specific help. But, generally, you need to find and read your lease agreement with Bob. There should be a part in the lease about the fixtures. Usually, removable trade fixtures belong to you, but some types of fixtures cannot be removed and stay with the building. But--this is is negotiable and Bob may have the better of the contract with you.
Your story about the eviction sounds incomplete. Usually, you receive notice to go to court where you are being sued for back rent. Then after a judgment in court you receive the eviction notice and then, finally, you are locked out. You cannot choose to ignore these proceedings and hope it all goes away! But even if you did not go to court and did not move out when you were warned to, Bob must still return property that does not belong to him.
You need a lawyer. You cannot do this on your own, that is obvious from your question. I think you should consider a bankruptcy lawyer to help you. Filing bankruptcy will protect you from your creditors while you work to get on your feet. Best of all, you can list Bob as someone who is holding on to $400,000 of your assets and get the court order him to turn it over.
Bankruptcy lawyers work for people who have no money. That's what they do. So call one right now so that Bob will be stopped in his tracks. Get out the phone book and start calling lawyers!
walk away
See if you can sue him in court without a lawyer. I think I heard one time that each person has the option to have a lawyer defend him/her or they can defend themselves.
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