Legal Question in Real Estate Law in Illinois

I recently had some tile work done in my bathroom. The tile setter left his "wet saw" (roughly $500 value) at my home in my garage. It's been there over two weeks now. I have repeatedly called him and asked him to come pick it up. He has repeatedly made arrangements to pick it up but has not come on any occation. I am fed up now. What can I do? I do not have his address. Only his cell phone number. What can I do? What are my responsibilities regarding his property?


Asked on 12/08/10, 7:11 am

2 Answers from Attorneys

Thomas Moens Moens Law Offices, Chartered

There is a storage lien act in Illinois, with which you would need to comply--it requires notice, an auction, etc., etc. Cheaper, quicker, and easier: Just tell him you need the room, and you are going to push it to the curb if he does not pick it up, and you tell him what time is convenient for you. Do not actually push it to the curb, since this could cause you other problems. But I would bet the "suggestion" that his saw is going bye-bye should be enough get him to actually show up to get it. If not, contact an attorney to assist you with complying with the storage lien act.

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Answered on 12/13/10, 9:10 am
Walter Palmer Law Office of Walter Palmer

Call him with a witness handy and the phone on speaker. Tell him that your "usual and customary" storage fee is $XXX per day. You can forego it he picks the saw up within a certain amount of time (If you don't pick the saw up by Tuesday, I will charge you $50 per day to store the saw, from the time the work was finished.") You have to go to court to seize the saw. After he has not paid in a month or so, you can start the process of seizing the saw. Tell him that but leave the timeframe out. You are entitled to self-help to collect the storage fee but not if he has left it there and you haven't done more than you have to move the saw. The fee can be "serious" but not outlandish. There are no strict guidelines as to amount. Just ask yourself "What would Judge Judy say?"

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Answered on 12/13/10, 9:14 am


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