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Forum topic by kolwdwrkr posted 03-07-2009 07:50 PM 2615 views 0 times favorited 48 replies Add to Favorites Watch
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2821 posts in 3618 days

03-07-2009 07:50 PM

Topic tags/keywords: question

About six weeks ago or so (probably more) I was forced to vacate my shop so the new tenant could move his crap in. Which had me upset to begin with because I talked to him and he told me to push everything to one corner and keep them there until they sold. I think he got upset because I wouldn’t sell them to him for a lowball price. Anyhow I moved all but three to my garage. My powermatic 66 tablesaw with the excalibur, grizzly jumpsaw (brand new) and portercable compressor. A guy came to me and told me he wanted them and could move them right away if he could make payments. Says he had a truck with a lift gate and some guys to help. So after about 2 weeks of consideration (8 weeks ago he came to me) I got despirate and decided to go with it. He came and took the tools, promised a deposit within 2 weeks and the rest around the begining of april or end of march. I haven’t seen a dime and was only asking 3k. Thats what the jump saw cost alone. He made up this little make shift contract and went on his way. 2 weeks later I called him looking for money. He said he was waiting for payment from a job and would pay me by the end of the week. So that went by and still no money. I called him again. Same excuse. He’s finishing up a job and will have money at the end of the week. Well that went by. And on and on until right now. Called him yesterday and there was no answer. Not only am I getting pissed about the situation I feel helpless. Like there’s nothing I can do. I can’t take him to court because I can’t afford it. And you still have to collect afterwords which doesn’t seem any easier then right now. I thought about posting ads on craigslist and the like saying to not go with that company because they are theives and not honest. But I don’t think that is even legal. So what can I do at this point? Do I just suffer the loss? I really am despirate for that money right now. I haven’t had work for 12 weeks or longer. I’ve been looking for a job with no luck. Any thoughts?

-- ~ Inspiring those who inspire me ~

48 replies so far

View lew's profile


12102 posts in 3783 days

#1 posted 03-07-2009 07:59 PM

Disclaimer: Use at your own risk

Some years back, a couple of people in our town had a falling out over a business deal. Soon after, a very large bill board appeared on the property of one of the two- this sign was within 100 feet of a very heavily traveled US highway and was displayed for several YEARS.

Name and Name are alleged liars and thieves and failed to make payments ordered by the courts”

Not suggesting you should do this- just a thought.

-- Lew- Time traveler. Purveyor of the Universe's finest custom rolling pins.

View Scott Bryan's profile

Scott Bryan

27250 posts in 3850 days

#2 posted 03-07-2009 08:01 PM

How about small claims court? You would file a claim in the Small Claims Division of the District Court in the county where the guy lives. The 3K should be within your statutory limits and it doesn’t cost that much. Here the filing fee is $20. Hopefully you could at least get a judgment to get your tools back. But maybe the threat of going to court will get him on the ball.

This situation is a bummer no doubt.

-- Challenges are what make life interesting; overcoming them is what makes life meaningful- Joshua Marine

View Francisco Luna's profile

Francisco Luna

943 posts in 3421 days

#3 posted 03-07-2009 08:31 PM

A minor claim in California cost $35, for claims up to $5000, it takes 20 minutes to file online and receive date and time to appear in court.
I have used this twice, the first time was a guy who was refusing to give me the smog check for a truck I bought from him. Second time was a person who sold me a Tonneau cover for my truck, it was incomplete…..

People normaly, once they receive the notice to appear in court, they pay right away.

-- Nature is my manifestation of God. I go to nature every day for inspiration in the day's work. I follow in building the principles which nature has used in its domain" Frank Lloyd Wright

View Bob #2's profile

Bob #2

3809 posts in 4049 days

#4 posted 03-07-2009 08:37 PM

I lent a quasi freind $1700.00 last March. He told me he had some hard times and needed to bridge some payments for 2 weeks.
After I showed him my scrap album and mentioned how fragile the human body is he decided to make $200.00 monthly payments to me last November.
I mention this because I have had a long history of talking folks at their word and getting stung because of it.
With this last fiasco, I will be permantly out of the banking business and will never do any transaction again without a contract. (within reason)

The latest non contracted mistake that came back at me was a cherry burl with 20 hours labor and materials in it.


-- A mind, like a home, is furnished by its owner

View Betsy's profile


3391 posts in 3924 days

#5 posted 03-07-2009 08:48 PM

Small claims court is the answer. Get a judgment – ask the court for a writ – have the sheriff visit the guy with the writ in hand – you’ll either get your tools or the money. Also, if you get a judgment and the sheriff comes up empty you can put a lien on the real estate the man might own in your county. That’s a very small fee ($10-20 in most counties). Once the lien is in place if the guy wants to transfer title/deed to any real property – his name pops up with your lien. Most county courthouses have a website that you can pull up the necessary forms and fee lists. Be sure to ask for your court costs and pre- and post judgment interest.

If it were me, I’d try to get the money as opposed to your tools back. By now the man has used them and you’ll not have any idea what type of shape they are in.

Good luck to you.

-- "Our past judges our present." JFK - 1962; American Heritage Magazine

View MedicKen's profile


1615 posts in 3490 days

#6 posted 03-07-2009 08:50 PM

If everything else fails I can call a friend of a friend and have it taken care of. Guido is looking for work too!!

-- My job is to give my kids things to discuss with their

View Betsy's profile


3391 posts in 3924 days

#7 posted 03-07-2009 08:56 PM

Another thing – don’t forget that you can file a complaint with the BBB in your area (I’m assuming he has a business). If you do file in small claims file against the man individually and his business.

-- "Our past judges our present." JFK - 1962; American Heritage Magazine

View kleinjahr's profile


8 posts in 3400 days

#8 posted 03-07-2009 09:52 PM

A letter from an attorney generally works. If not then small claims court. In that case bring everything you have with you pertaining to the case. Pictures of the tools, receipts, serial numbers, phone records, everything. If you watch Judge Judy you’ll get the idea pretty quick.

View Woodchuck1957's profile


944 posts in 3792 days

#9 posted 03-07-2009 10:20 PM

Do you have any witnesses ? Serial numbers ? I would take care of it right away incase the guy sells the stuff. I would even look into fileing a theft of property charge.

View Padre's profile


930 posts in 3517 days

#10 posted 03-07-2009 11:27 PM

You could get some friends, rent a Uhaul for $20, and go take it back.

-- Chip ----------- 6:8

View pitchnsplinters's profile


262 posts in 3466 days

#11 posted 03-07-2009 11:53 PM

People suck. Find the guy and talk him into resawing a round blank on a bandsaw. That will seriously f him up.

-- Just 'cause a cat has kittens in the oven, it don't make 'em biscuits.

View oldskoolmodder's profile


801 posts in 3708 days

#12 posted 03-08-2009 12:12 AM

This is how you learn not to do it again.

-- Respect your shop tools and they will respect you - Ric

View juniorjock's profile


1930 posts in 3793 days

#13 posted 03-08-2009 01:21 AM

Do you know where the guy lives…? Where YOUR equipment may be…..? Repossess it. What Padre said. You could always ask a Deputy to go with you.
- JJ

View Padre's profile


930 posts in 3517 days

#14 posted 03-08-2009 03:53 AM

Oh, and you can take me with you if you want….with my face right now I’d scare the bejeepers out of them and he’d probably pay you to take it back! :)

-- Chip ----------- 6:8

View depictureboy's profile


420 posts in 3670 days

#15 posted 03-08-2009 04:50 AM

I would say that padre is technically right, since he has not made attempt at payment you still have ownership of the property. On the other hand..possession is 9/10ths of the law….

-- If you can't build it, code it. If you can't code it, build it. But always ALWAYS take a picture.

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