Legal Question in Civil Litigation in California

Reclaiming property illegally seized by private party

I was contracted by a woman to perform repairs to the building of her antique store. There was no written contact but i had done work for her previously. She did not want her husband to know she had hired me for the repairs.

Apparently, she wanted the work finished by a certain date but neglected to inform me. Since I was using my own tool to perform the work I left them at the work site each night when I left. When I came back to work the next day all my tools had been moved inside their house and I was told they would not give them back. I was not paid for any of my work. I was given money to buy materials which I did and have receipts for.

What can I do to immediately get my tools back as they are the means to my income. Can I send a letter siting specific statues or laws?


Asked on 10/16/02, 2:28 am

4 Answers from Attorneys
Armen Tashjian Law Offices of Armen M. Tashjian

Re: Reclaiming property illegally seized by private party

Your facts are truly bizarre. Why would they hire a contractor and then take his tools is beyond me. But be that as it may, I suggest you file a theft complaint with police by telling who the thieves are. Second file a suit right away, in small claims if the value of tools is less than $5000.00. If not, some lawyers may take this case on a contingency as it involves both torts and contract issues. Good luck.

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Answered on 10/16/02, 2:51 am
Alvin Tenner Law Office of Alvin G. Tenner

Re: Reclaiming property illegally seized by private party

Your best bet is to sue her in small claims court. You can sue for up to $5000.

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Answered on 10/16/02, 11:55 am
Terry A. Nelson Nelson & Lawless

Re: Reclaiming property illegally seized by private party

Call the police to report stolen property. Even if all the police do is show up to question her, you should get your tools back - they won't want to explain why they are holding them illegally. THEN worry about the money owed you by filing in small claims.

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Answered on 10/16/02, 12:38 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Reclaiming property illegally seized by private party

Thank you for your posting. As a fourth opinion, I tend to agree with the other posters. You have theft of property that belongs to you, for which you should call the police. Failing that avenue to get your property back, you can sue for the value of your property and services rendered in Small Claims court. Best of luck.

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Answered on 10/16/02, 3:53 pm


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