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Sam
Sam, Attorney at Law
Category: Legal
Satisfied Customers: 22514
Experience:  20 years of experience practicing law.
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Im an independent contractor who was set up in a gym in FL

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I'm an independent contractor who was set up in a gym in FL to do facials along with a massage therapist doing massage and who did promotions for us. She died in a car accident. I had left my belongings for the business at the gym with the understanding that if there were facials, I was available. They never called and I checked in monthly while I was working at another spa. I was told they were moving my things into the backroom for storage since they were converting that space into an office for a new owner. The manager assured me my things were fine and I could come get them as I planned in a few weeks since I was away. When I got there, the new owner had admitted to giving my spa equipment away to a friend who also did facials and he was a esthetic distributor and would gladly sell me new items. I would like my belongings back, but no one is returning my calls......help please!!!
Submitted: 3 years ago.
Category: Legal
Expert:  Sam replied 3 years ago.

Sam :

Hi

Customer:

Hello!!

Sam :

I suggest you will need to write a letter to the new owner, detailing and explaining the situation and what the previous owner had told you. IN your letter state that you want your equipment or you will have no other recourse but to bring this to small claims court for the value

Sam :

Now,

Sam :

you will need to get a letter from the previous owner, signed in front a of Notary

Customer:

I only ever had a verbal agreement and always had the manager speak on the old owner's behalf.

Sam :

stating that your equipment was still there and that you could get it in a couple of weeks


 


 

Sam :

That is alright, if it was only verbal

Sam :

I am talking about getting it back

Sam :

or the money for its value

Customer:

New owner stated that he spoke to an attorney when I stated I'd have to file a police report and the attny said it was "abandonment"

Sam :

The letter must be mailed certified with a return receipt requested

Sam :

It is not abandonment, unless the new owner contacted you

Sam :

in writing and told you to come get it

Sam :

If that never happened, then it is yours and he needs to get it returned or pay you for it

Sam :

But you will need the former owner to testify for you

Sam :

either in an Affidavit

Sam :

or when you take the matter to small claims court

Customer:

ok....I met the old owner during all this...nice guy....felt bad.....you've given me hope....

Sam :

You can put in your letter that you were never notified

Sam :

and that it is not abandonment

Customer:

Small claims used to be around 250 to file...is that still the avg cost for me to file?

Sam :

It is about that, depending on your county

Sam :

You can get all that information from the clerk of the court

Sam :

as well as the forms

Sam :

You also can request the filing fee

Sam :

That is why it is important to send the certified letter

Sam :

so you can show the court you tried to settle

Sam :

and were forced to bring it to court

Customer:

The manager and old owner saw what I had and an est of equip new was $2000. Do I estimate cost as used now or original cost....also I only have witnesses no ID's of equipment, like my steamer, table, etc...

Sam :

Used value if it more than a year old

Sam :

If you have further questions, you may post them here and i will continue to assist. Otherwise, even if you have a subscription with JA please remember to ACCEPT my answer as that is the only way I can get credit for my time and information in this matter. Thank you and Good luck

Customer:

Thank you so very much Sam.....you've given me my sanity back.....:)

Sam :

You're welcome

Sam :

Good luck with it all. Certified letter return receipt requested.

Sam :

If you have further questions, you may post them here and i will continue to assist. Otherwise, even if you have a subscription with JA please remember to ACCEPT my answer as that is the only way I can get credit for my time and information in this matter. Thank you and Good luck

Sam, Attorney at Law
Category: Legal
Satisfied Customers: 22514
Experience: 20 years of experience practicing law.
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