Lien on toolbox, employee owes money

[Autowerks]

What is the name of your state? Florida

I am the owner of a auto repair shop in FLorida. One of my mechanics disappeared and I subsequently terminated his employment. He owed me $250.00 from a cash advance and never returned his rented uniforms. I was charged $500.00 for his 12 lost uniforms. He left his toolbox at my shop and it has been 5 months. I want to know if I can file a lien against the tools and toolbox and possibly charge for storage and sell the toolbox so that I can be reimbursed for my losses. Does anyone know if there are laws written for this type of lien?

Any help much appreciated.

 

[JETX]

"Does anyone know if there are laws written for this type of lien?"
*** Yes, and there aren't. Most states provide for 'contractual liens' (those given in a contract, like a car security), 'statutory liens' (contractor liens, mechanics liens, etc.) and 'judgment liens' (a judgment is required). Your holding the tools as 'ransom' for payment of an unrelated debt would not qualify. Your only option is to pursue the debt in court and hopefully get a judgment. Then, and only IF the 'tools of trade' are not exempt, could you proceed with further legal process of placing a lien on the tools.
BTW, I just checked.... Florida does NOT exempt 'tools of trade' so they would be valid non-exempt assets.

 

[nissandave]

I know it works for real property like an abandoned auto, but you may want to ask around about if you can claim the property with an abandonment title. Now I know you don't actually get a title, like a vehicle title to a set of tools, but the law may work the same.

 

[JETX]

I know it works for real property like an abandoned auto,

Whoops.... looks like you are off your meds again. An automobile is NOT "real property"!!!

Let me help you with some definitions....
real property
n. 1) all land, structures, firmly attached and integrated equipment (such as light fixtures or a well pump), anything growing on the land, and all "interests" in the property, which may include the right to future ownership (remainder), right to occupy for a period of time (tenancy or life estate), the right to drill for oil, the right to get the property back (a reversion) if it is no longer used for its current purpose (such as use for a hospital, school or city hall), use of airspace (condominium) or an easement across another's property.

An 'auto' and most other property is 'personal property' (sometimes called personalty).

but you may want to ask around about if you can claim the property with an abandonment title.

Wow, those drugs must be wonders, huh??? Sorry, but there is no such thing as an 'abandonment title' for tools (or anything else to my knowledge!).

Now I know you don't actually get a title, like a vehicle title to a set of tools, but the law may work the same.

What law????
What the hell are you smoking????