In a Pickle

[hoogene]

What is the name of your state (only U.S. law)? West Virginia

I am a contractor in WV. I was sued in 2009 and judgement was given in favor of plaintiff. I left some equipment on plaintiff's property as a sign of good faith to finish job prior to being sued. Needless to say, I was told by plaintiff and plaintiff's attorney that my equipment is to remain on plaintiff's property until judgement is satisfied. This equipment is crucial to how I make a living. I have not been able to perform any work without the equipment. I have been seeking other means of employment. The equipment is financed and I have fallen behind payments due to not being able to perform work that requires the equipment. I received a letter from the finance company stating the equipment is going to be repossessed. Is the plaintiff allowed to hold my equipment? I would think that a lien would need to be placed on the equipment by the plaintiff and the equipment should have to be released to me in order to work. Any advice would be most appreciated!

 

[Antigone*]

What is the name of your state (only U.S. law)? West Virginia

I am a contractor in WV. I was sued in 2009 and judgement was given in favor of plaintiff. I left some equipment on plaintiff's property as a sign of good faith to finish job prior to being sued. Needless to say, I was told by plaintiff and plaintiff's attorney that my equipment is to remain on plaintiff's property until judgement is satisfied. This equipment is crucial to how I make a living. I have not been able to perform any work without the equipment. I have been seeking other means of employment. The equipment is financed and I have fallen behind payments due to not being able to perform work that requires the equipment. I received a letter from the finance company stating the equipment is going to be repossessed. Is the plaintiff allowed to hold my equipment? I would think that a lien would need to be placed on the equipment by the plaintiff and the equipment should have to be released to me in order to work. Any advice would be most appreciated!

Why on earth would you listen to the plaintiff and his attorney? Boy, that was brainless. Tell the finance company where their equipment is so they can go get it.

 

[BL]

Why on earth would you listen to the plaintiff and his attorney? Boy, that was brainless. Tell the finance company where their equipment is so they can go get it.

I would think that a lien would need to be placed on the equipment by the plaintiff and the equipment should have to be released to me in order to work. Any advice would be most appreciated!

Yes ,let the finance Co. know where it is ,the name and address of the plaintiff and their Attorney .

Looks like your out of that kind of work unless you can convince the finance Co. to repossess ,let you have the equipment back ,so's you can work and pay them .

I doubt it though , because you owe the plaintiff too,and who knows who else.

 

[confused14law]

So, they are holding your tools hostage?

Were you paid in advance for the work you have yet to complete? My father is a contractor here in Florida, and most time they get money at the beginning, during, and after the job is completed. I am assuming if the judgment was in favor of the plaintiff, then he paid for more work then you completed.

How long has it been since you left your tools at the house until you planned to go back and finish the job? Did you not think you would need them in that time span?

I would think the simple fix would be to go back and finish the job you have going on there. If you need the money, then waiting all this time and falling behind on your payments, not having tools to take on new jobs, wont help the situation. I would go there, start to do some of the work, and try to work something out with the home owner for him to allow you to take the tools and work other jobs as well as a source of income.

 

[confused14law]

I disagree with letting the finance company repo the tools. From the sounds of it, if they repo the tools he will be unable to get them back and be out of business for sure.

 

[hoogene]

So, they are holding your tools hostage?

Were you paid in advance for the work you have yet to complete? My father is a contractor here in Florida, and most time they get money at the beginning, during, and after the job is completed. I am assuming if the judgment was in favor of the plaintiff, then he paid for more work then you completed.

How long has it been since you left your tools at the house until you planned to go back and finish the job? Did you not think you would need them in that time span?

I would think the simple fix would be to go back and finish the job you have going on there. If you need the money, then waiting all this time and falling behind on your payments, not having tools to take on new jobs, wont help the situation. I would go there, start to do some of the work, and try to work something out with the home owner for him to allow you to take the tools and work other jobs as well as a source of income.

To answer some of your questions, yes I did receive payment up front. Approximately 70% of work was completed. There were several delays finishing the job. Plaintiff sued for entire cost of job plus and won. Big mistake in self representation. I have pleaded and begged to finish the job! Plaintiff refuses and demands money! Equipment is two big pieces of expensive machinery and several hand tools that I left on job site as show of good faith to finishing the job. Plaintiff and plaintiff's attorney demands judgement be paid in full before I can retrieve my equipment. I have tried explaining to plaintiff and plaintiff's attorney that without my equipment I can not work, hence no income, hence can not pay judgement. I am doing odd jobs here and there trying to survive. I have had to turn away tens of thousands of dollars of work because I do not have the equipment to perform the job! I have been unable to keep my bank payments up to date and am now facing default on a bank loan. On top of this, I recently discovered that the plaintiff has gone to the sheriff to seize my personal property to satisfy the judgement. I am going to seek legal advice today. I know alot of you reading are thinking why in the world didn't this person seek legal advice already, or how dumb is this person. Yes I would have loved to have had representation from an attorney, but I could not afford an attorney. Quite honestly I still can not afford an attorney. That is why I am posting on this website.

 

[confused14law]

To answer some of your questions, yes I did receive payment up front. Approximately 70% of work was completed. There were several delays finishing the job. Plaintiff sued for entire cost of job plus and won. Big mistake in self representation. I have pleaded and begged to finish the job! Plaintiff refuses and demands money! Equipment is two big pieces of expensive machinery and several hand tools that I left on job site as show of good faith to finishing the job. Plaintiff and plaintiff's attorney demands judgement be paid in full before I can retrieve my equipment. I have tried explaining to plaintiff and plaintiff's attorney that without my equipment I can not work, hence no income, hence can not pay judgement. I am doing odd jobs here and there trying to survive. I have had to turn away tens of thousands of dollars of work because I do not have the equipment to perform the job! I have been unable to keep my bank payments up to date and am now facing default on a bank loan. On top of this, I recently discovered that the plaintiff has gone to the sheriff to seize my personal property to satisfy the judgement. I am going to seek legal advice today. I know alot of you reading are thinking why in the world didn't this person seek legal advice already, or how dumb is this person. Yes I would have loved to have had representation from an attorney, but I could not afford an attorney. Quite honestly I still can not afford an attorney. That is why I am posting on this website.

Attorneys are expensive, I understand and sympathize with your situation, unfortunately I am not an attorney nor is anyone else that has posted. I would definitely not make this your final stop and look for answers at other places also just in case no one here can really offer anything other then their opinion.

On top of that, I really do not see how they are able to hold your tools hostage. The judgment is for cash, not tools. Unless the judge ordered for them to stay there until payment. Did he mention anything at the trial regarding the tools? I would ask the plaintiff and attorney for documentation for where that is listed, or turn around and sue them for the price of the tools plus damages and wage loss. If they are not wanting you to finish the job, there is no reason for having the tools there, the judgment is already determined, so its not like you can get away with never paying. Eventually they will get paid by garnishing your wages, etc.