I was awarded an amount in a small claim from a contractor who did not complete the job and he left his tools. I have been keeping them until I receive payment. I won the case in March of 06 and he finally wants to settle the debt and retrieve his tools. He never showed in court and there was no mention of his tools in the case. When he did work in my house he left and was suppose to come back the following day to complete the project - he never showed or contacted me --- that is why I went to small claims because I paid in advance for the work.

Do I have to return them? Are they considered abandon property since he has not contacted me a year? The tools were left in my home in November of 2005 and he has never asked for them back until April of 2007

I would return them! It's the right thing to do. You will sleep well at night.

He still has not paid and I am still waiting for payment. I want to sell them for the money that he owes. It has been almost 2 years waiting for payment. He is upset because he has to pay for court costs. I had to pay another person to complete my home. I don't have a problem returning the tools but I am experiencing financial strain and I would like to get some compensation.

In my personal life, I always received a winfall, just when it was needed. I believe in a personal relationship with a Man that died for me to be free. I didn't want to bible thump, just my experience! You said you had gotten an award from the court, were you to keep his tools in addition... Sry sound like you already made up your mind, and Im sure there are enough people to support your thoughts. Reverse the story, would you want him to keep your tools? Its really an ethical question. You kept his tools before you needed the money. It this still tied up in court?

I would give him one last chance to do right, I would call him or even better write him a letter informing him his property will be sold in 30 days and applied to his debt if he does not pay the money due you.

Next if he offers you a decent settlement offer why not take it and get this cleared.
Then go back and try and find his bank accounts and garnish the money you are owed.