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New Member
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Aug 9, 2012, 01:57 PM
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Withholding worker's tools and equipment during home renovation
In Louisiana, a decorator was working on a home. Had all her tools and decorative items there. If she used the items, she would bill for them, otherwise would put back in inventory. The homeowner filed for divorce from his wife and changed all the locks on his house, in the midst of the job. Now, he will not release her tools, equipment and inventory. A JP says that this is against the law, that no one may withhold worker's tools, etc. I wonder if a demand letter must first be sent to the homeowner, then file a police report if he refuses to return her things? The homeowner's lawyer insists that since the items are in the man's house that he owns them, pending a community property settlement with his wife. The worker's tools and equipment are in no way community property.
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Uber Member
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Aug 9, 2012, 02:44 PM
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 Originally Posted by getaround
In Louisiana, a decorator was working on a home. Had all her tools and decorative items there. If she used the items, she would bill for them, otherwise would put back in inventory. The homeowner filed for divorce from his wife and changed all the locks on his house, in the midst of the job. Now, he will not release her tools, equipment and inventory. A JP says that this is against the law, that no one may withold worker's tools, etc. I wonder if a demand letter must first be sent to the homeowner, then file a police report if he refuses to return her things? The homeowner's lawyer insists that since the items are in the man's house that he owns them, pending a community property settlement with his wife. The worker's tools and equipment are in no way community property.
I'd report it to the Police so it's not being reported very late in the game, even if the Police don't want to hear about it.
Yes, send a demand letter, certified - receipt requested, to everyone involved.
The "worker's tools belong to the homeowner" is an interesting concept. My lawn guy is coming back tomorrow but left his double wide mower inside my gate. I guess it's mine now.
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current pert
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Aug 9, 2012, 02:51 PM
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Bring the police to the house (non emergency call) with the decorator and some proof of her ownership of the tools and her contract for the job. If the husband denies that the tools are hers, however, the police will most likely claim that it's now a civil matter, and a letter might not do much good without a lawyer. It sounds like the husband didn't want the decorating done, the wife did the hiring, and he thinks that the tools are part of the divorce settlement, along with the bill for the work.
I'm curious about the changing of the locks against the wife, also illegal, unless it was far into the final stages.
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Expert
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Aug 9, 2012, 03:43 PM
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If this just happened call the police, if this was some "weeks" ago, then sue in court for the value of the items.
No lawyer ever told anyone that being in the home made them their property,
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