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Sure you can.  Why wouldn't you be able to sue?

But, what I would do is send a letter threatening to make a police report (and naming them as the offending party) before you talk about going to small claims. 

I had a location that closed, but their phone was still connected.  I called like 4 times asking to have the machine returned.  I finally called and said that my next action would be to file a police report to have it returned.  They called back shortly saying "you didn't have to threat me like that to get it back.".  Well, obviously I did because my other calls weren't getting a response.  Long story short, I got the machines back.

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It is a risk you take putting machines in these businesses, you probably lost those machines.  The owners closed shop, the last thing on their minds is a small candy machine.  Sueing them for what?  You will pay more in filing fees than the machines are worth, and still not get paid if you get a judgement.

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The best way to get them is going through the landlord.  You can sue but unless you have a contract holding them liable you going to have a hard sell to the court. And if you do win you have to worry about collecting the judgement Not the court.

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  • 4 weeks later...

ive had 4biz to close on me.......i had pictures of all my equipment, called owner/landlord, explained situation, show pictures and key and opened them  and hauled them home.............

i have pictures of all my equipment @ location

full detailed description of equipment

person who authorized placement  and THEIR PHONE/CELL #

99% of fly by nights dont own the bldg they occupy...found landlord and got my stuff back

tip for recovering stolen items....always do a police report and ask to see any machines turned in as "found property"....since ivedone this......ive recovered 100% (most machines only had broken globes)                      FOOD FOR THOUGHT

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