Murfreesboro, TN asked in Business Law and Employment Law for Tennessee

Q: we have a auto repair shop a mechanic left his tools owing us money how long do i have be for i can sell them

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1 Lawyer Answer
Leonard Robert Grefseng
Leonard Robert Grefseng
Answered
  • Columbia, TN
  • Licensed in Tennessee

A: Bad news- you can't sell them, YOU DON"T OWN THEM. If you have something in writing signed by him that he was giving you the tools in payment of his debt, or that he was letting you hold the tools as security for his debt, then that's another story. However, based on just what you said in your question, you do not have the right to dispose of someone's else's property. If you do, you could be liable to him for the value of the tools. However, if you have his address, or any way to contact him, you might try writing him a letter and make a deal for the tools ( to get the writing described above). If he won't settle your debt, then you should demand that he come and get the tools, and if he doesn't come and get them within a reasonable time, you will consider them as abandoned property. ( and you should allow a long time). If he doesn't ever come back after a long time, they are "abandoned" but make sure you make an inventory and photograph everything before you sell them.

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