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Homeowner refuses to return my tools/equipment

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What is the name of your state? Oregon
**Any help is greatly appreciated**

I was tracked down by an old customer/work friend who I was the original contractor on her stucco home years ago, begging me to do some additional work that needed to be completed by the end of this summer (as a friend since I had stopped operating my business a year ago). She refused to use anyone else so as her friend I agreed to help her out and we came to a verbal agreement of what she needed done, the total cost (which of course was greatly reduced from what my business quote would have been), payment terms and approx time to complete along with her deadline. She gave me a small payment upfront for material as agreed and the next payment was to be made mid-way through, then final payment upon job completion.

Right from the beginning there were issues....going against my recommendations regarding window installation years prior those needed replaced which set my work back quite a bit, then she kept changing her mind regarding what exactly she wanted done and how much more if she added this piece and what if she took off that piece etc....I advised her all the changes were resulting in way more material than originally planned and she needed to cover the cost of that at now the 1/4 mark point. A day or two after she gave me the extra material cost she had to go out of the country on a family emergency with no info as to her return date but would be in contact with me while she was gone. That ended up being a little over a month with her returning sometime last week and there was little to no communication from her during that time.

I continued to work on her house all the way through to the final stage about a week and a half ago, which takes two people to complete, so I brought in one of my old plastering buddies as well as my close friend of over 13 years who needed work to help me. She was expected to be home last week but I never heard from her the day she said she'd be back so I figured she didnt return as expected and I didnt want to come across as unsympathetic if she was grieving or had experienced a loss so I took the last few days of the week off from working on her house to handle some personal business of my own beings that my guy also was unavailable to help me out and needed a few days with his family. After those few days were over though he wasnt responding to my calls or texts and I still had no word from her so yesterday I went to her house to check and see if she had returned and where I was at with finishing the job and discovered the two of them had gone behind my back and negotiated a new arrangement to complete the job I had almost finished and he was doing it for less than half of my price!!! Here's the kicker.....AND she is keeping ALL my tools, equipment, material...everything...my trowels Ive had for over 15 years....everything I own from my business is all there....I've been leaving it there for 2 months busting my ass to do this for her and she has the audacity to say I owe HER money because she doesnt believe I was there working while she was gone as well as she doubts that the one original payment she gave me in the beginning was spent on the stucco mix needed for her home since I never brought her the bag to show her prior to her leaving the country so she is refusing to return my property which of course is being used by my old friend to finish this job now that its at the final stage! And she says Im not allowed on her property!!
I went out of my way for her, spent my own money on specialty tools and other items needed while she was gone, ALL the scaffolding (which she was adamant about needing right away and promised to pay for half, but was always conveniently unavailable whenever I asked for reimbursement), as well as going ahead with the work even though she hadnt paid the second mid-way payment. I was trying to be sympathetic to her situation and even though it was a financial burden on me to cover the costs upfront without payment, I had complete faith in our arrangement

Obviously Im shocked and heartbroken at both the betrayal from her as well as my close friend.......but that aside HOW DO I GET MY PROPERTY BACK!?
 


Whoops2u

Active Member
I don't know if getting a lawyer letter is the best choice.

The OP has a right to get his property. The normal lawsuit to recover wrongfully withheld personal property is conversion. The OP should win such a lawsuit in regards to his tools. But, isn't the other party going to counterclaim for the supposed deficiencies in the work? It seems he is retired so might not have his license to do the work any longer. Even at 1/2 price, working without a license can lead to a civil fine. If he is unlicensed, the counterclaim might include any monies paid for the work up to now. Once people start threatening each other about their legal rights, positions tend to harden.
 
I contacted my local police department and filed theft charges. They came out to her property to speak to both of us. They advised me that the law states the items stay with her unless I have a court order from a judge stating she is to return them. Even though I brought proof of all the receipts showing how much I spent on materials which was way over the amount of her first payment as well as the proof that 75% of what was there was my personal property from when I first began plastering as an apprentice along with the text messages from her stating that since she didnt see the necessity for any of the specialty tools needed she wasnt going to pay for them which I agreed to go ahead and pay for myself and keep those tools for my own use afterwards. She couldn't provide any proof of anything she was claiming!!
Then earlier today I received a voicemail from the officer that she said I was sending threatening text messages and if I didnt stop I waa going to have criminal charges against me along with a restraining order!!!
I NEVER sent any texts to her after the police had left allowing her to keep my stuff let alone any threatening messages!! Its like she has them wrapped around her finger and is making me out to be some kind of crooked scam artist. How do I fight this!?
 

not2cleverRed

Obvious Observer
Did anyone on here suggest you contact police? No. Because I figured the police would say, "This is a civil matter. We can't do anything about it." Or something to that effect. Which is basically what they did. Because she didn't "steal" them - you left them there of your own free will, and she's just not letting you get them.

So, you have 3 issues: the tools and the job, and now the threat of a restraining order. I am not a lawyer, but I view the issue of the tools as separate from the contracting job.

Now that she is threatening through the police criminal charges and a restraining order, consulting a lawyer is not optional. I had my suspicions when I made my first post that you were not legally savvy. Now you've confirmed it.

1) Contact a lawyer, or try to get an initial consult. Do not go for the lawyer with the biggest ad, or who boasts of taking AMEX and every form of pay possible - go by word of mouth. Surely there's gossip among contractors about who's competent.
2) DO NOT CONTACT THIS WOMAN DIRECTLY, OR RESPOND TO ANY MESSAGES FROM HER OR YOUR FORMER EMPLOYEE. Get a lawyer and have the lawyer do all the communicating for you.
3) Gather anything that you have proving you had such tools. Make a spread sheet detailing each tool, the condition of the tool when you last had it, its replacement cost and depreciated value.
4) Whether you had a detailed contract or not, gather anything you have about your agreement. Put in order the contract (if one exists), invoices (if any exist), and communications about any deviations/additions. and of course a stack of receipts.

Your goal would be to have everything you want - the terms of your agreement fulfilled and your tools returned. Apparently none of this is going to happen without a fight, or at least a struggle.

Before filing a lawsuit, you are going to have your lawyer send a demand letter. The demand letter is going to say something to the effect that: "Give my stuff back and reimburse me within a reasonable time limit or I will sue you. See attached." In determining what you are demanding, you have to be specific about what exactly you are demanding, and whether or not it belongs in small claims.

* You should ask for the tools returned in the condition they were when you last had access to them or replacement cost. If they are not returned, you are really only entitled to their depreciated value, I believe. If the tools are returned, but have obviously spitefully damaged, that's another issue.

* I would leave it to a lawyer's judgement whether you should ask for anything more than reimbursement of the cost of materials for the project.

* Definitely ask for any court/legal fees allowable under your state's laws.
 

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