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Ayala Obtains Emergency Order Instructing Defendant to Stop the Sale of its Client’s $250,000 Equipment, Just Hours Before the Scheduled Auction

By October 25, 2024No Comments

Ayala has obtained an emergency order from a Miami-Dade circuit court judge commanding the defendant to stop the sale of its client’s commercial equipment worth approximately $250,000.

The underlying complaint alleges that the defendant, a Miami warehouse business, was attempting to sell Ayala’s client’s equipment to collect on outstanding invoices from the freight forwarder company.

The complaint alleges a violation of the strict notice requirements in Florida Statutes § 677.210 (2), which, among others, states that the “warehouse may enforce its lien on goods, … only if … all persons known to claim an interest in the goods” were notified.

Citing lack of notice, among other violations, Ayala alleged claims for Conversion, Unjust Enrichment, and Declaratory Judgment.

Attorney Eduardo A. Maura and Orestes Garcia are participating in the case. As stated by Attorney Eduardo A. Maura: “We are very happy that the judge ordered the defendant to stop the sale. While we are certainly sympathetic to the situation the defendant is in, our client should not be responsible for the debts of another, let alone its equipment sold at cheap auction prices. This case is a testament to our firm’s agility in service. We were hired just three days ago, and in that time, we filed a complaint, an emergency motion, obtained a hearing and an order.”

For more information on warehouse liens, please refer to our blog post where we go into more detail here.

You can also contact one of our experienced commercial attorneys at 305-570-2208, as well as email our lead attorney Eduardo directly at eduardo@ayalalawpa.com  

We at Ayala Law PA are passionate about helping those in legal need, so please don’t hesitate to schedule a case evaluation with us online here.  

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