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Ask Loren Your Own Question
Loren, Attorney
Category: Legal
Satisfied Customers: 33518
Experience:  30 years experience representing clients.
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An employee of 5 years quit without notice and will not give

Customer Question

An employee of 5 years quit without notice and will not give back tools and
trailer they are in. The tools are valued at over $5000.00 and I have receipts
for all of them where he bought them with company home depot card. The trailer
is worth $2500.00 or more and I have check that was used to buy it. I have not
asked him for the tools or trailer yet but believe me he won't give them back
willingly. I was pretty sure if I asked he would immediately hide the trailer
with the tools in them. Rest of my employees agree with this assessment.
I wanted to find out what legal recourse there was before I alerted himThank YouRichard Hammon
JA: What state is this in? And how old is the mobile home?
Customer: florida and not mobile home. 16 ft storage trailer
JA: Has anything been filed or reported?
Customer: no he just quit friday he was supposed to be heading to new orleans and texted that he quit
JA: Anything else you want the lawyer to know before I connect you?
Customer: Thats about it
Submitted: 8 months ago.
Category: Legal
Expert:  Loren replied 8 months ago.

Good morning. I am Loren, a Florida licensed attorney, and I look forward to assisting you.

Expert:  Loren replied 8 months ago.

You would have to sue him for the value of the property he is refusing to return. Alternatively, you could also file a petition for a writ of replevin.

Unfortunately, the criminal justice system is not going to be able to help you. The reason is that when you voluntarily give someone your property it is not considered a crime (theft) if they refuse to return it. It is a civil matter.

Replevin is an order commanding someone return property, they came into lawful possession of, to the rightful owner. If they refuse the court can hold them in contempt and fine or even jail them.

The court can also award you money damages for your loss of use.