A person that I was doing work for is holding my tools because of an advance on a tile job. I had given him a proposal which stated that a 50% be paid upfront & a final payment upon completion. He cancelled the contract after avancing me $2850.00. I had began doing prep work and agreed that I owed him a refund and gave him a statement showing that I had earned $765.00 and that I would pay him when i got the money. He said that I owed him the entire $2850.00 and that I would not be allowed to take my tools until I paid him. I ahve nto been able to pay him and he still has my tools. It has been over 2 months now. I have filed small claims against. I valued my tools that are in his possession at $8000.00. I plan on requesting that he return my tools and pay me for lost income due to keeping my epuiment that I use to make money. Am I allowed to sue for lost income because he has them?
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Customer holding my tools over money debate
- Thread Starter dlindenau
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presutin
Moderator
You can give it a try but it will be up to the magistrate to determine if the case has that merit. Hope this helps!
Is it legal for someone to hold your property if they think you owe them money? In this case I agreed that I owed him a portion of the advance that he gave me. He did not agree and is still holding my tools and has been for 3 months now, tools that I use to make a living. Is there any state law (Alaska) that you know of or where I can look? I think that he should have returned my property and taken me to court.
Since I filed the small claims on him I found out that he made an unsolicited phone call to a prospective customer and told them that I am a crook and not to hire me shortly after I originally went to get my tools back. He wanted me to pay him back to get my tools but attempted to prevent me from making money no only by keeping my tools but by making phone calls to prevent me from working. His call did not keep me from getting the job and they are very happy. They are going to swear out an affidavit for me to use. I might also add that I have a good reputation in this very small town of 2200 residents.
Since I filed the small claims on him I found out that he made an unsolicited phone call to a prospective customer and told them that I am a crook and not to hire me shortly after I originally went to get my tools back. He wanted me to pay him back to get my tools but attempted to prevent me from making money no only by keeping my tools but by making phone calls to prevent me from working. His call did not keep me from getting the job and they are very happy. They are going to swear out an affidavit for me to use. I might also add that I have a good reputation in this very small town of 2200 residents.
presutin
Moderator
My first response was in regards to your suing for lost income.
Regarding the tools - you are correct when it comes to him holding your tools hostage because of a price dispute. In order to get this on the right track, you need to send him a letter, certified, asking him to return you tools by a certain date otherwise you will have to take him to small claims court for the maximum allowed in Alaska which is $10K. When filing, you should tell the courts that due to his holding the tools, you have been unable to make a living to pay him back. Tell the courts that your tools are valued at $8K and that you estimate your could have made X dollars during the time he has had the tools. I am sure, when he receives the summons, he will countersue you for the amount he says you owe him, so let the judge sort it out. Good luck to you!
Regarding the tools - you are correct when it comes to him holding your tools hostage because of a price dispute. In order to get this on the right track, you need to send him a letter, certified, asking him to return you tools by a certain date otherwise you will have to take him to small claims court for the maximum allowed in Alaska which is $10K. When filing, you should tell the courts that due to his holding the tools, you have been unable to make a living to pay him back. Tell the courts that your tools are valued at $8K and that you estimate your could have made X dollars during the time he has had the tools. I am sure, when he receives the summons, he will countersue you for the amount he says you owe him, so let the judge sort it out. Good luck to you!
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