Legal Question in Credit and Debt Law in Pennsylvania

my ex employer owes me money per a verbal agreement. I have been attempting to contact him about this agreement for months and he ignors my phone calls, emails, and messages. I am in possesion of some of his property (tools, etc...) that if sold would satisfy his debt. Can I sell his stuff?


Asked on 6/16/11, 9:59 am

1 Answer from Attorneys

Did you ask this question before? No, you cannot just sell his stuff.

Him owing you money and you having possession of his tools are 2 completely different things.

First, why does your employer owe you money? Is this past due wages? If so, your state department of labor may be able to help but it might depend on how long ago this was. I do not handle labor and employment issues so you may want to specifically direct a question to a lawyer in PA that does.

If this was some kind of a personal loan, never do this without a written promissory note. Since you did it verbally, do you have anything in writing or past history - like some payments or a check with "loan payment" written in the memo line? If not, what I would od is write him a letter. Recite the loan circumstances - date of loan, where made, how much and so forth. Since this was verbal, I assume that the loan was payable on demand. Make a demand for payment. To induce him to pay, I would offer a discount if he pays in a lump sum by a certain date. As an aleternative, offer to make payment arrangements at so much per month plus a reasonable rate of interest on the full amount.

Also in this letter tell him you have his tools. List them. Tell him to contact you to make arrangements to get them. Tell him that you will dispose of the tools and apply the proceeds towards the loan if you do not hear back from him. Give him a deadline by which he MUST contact you (15-30 days - it depends on how much is owed and whether it would be reasonable to get the amount of the loan together in time). If you get no response, then take pictures of each and every tool. Catalog it on a list and write down what you were able to sell it for. Apply the proceeds to the loan; if there is any money left over, send it to him via a money order along with a copy of the list of items and a letter explaining what you did.

That way, you will protect yourseslf in case he decides to sue you for the loss of the tools and claims they were worth a lot more than you received. If they are expensive, you might want to get them appraised and keep a copy of any appraisal reports.

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Answered on 6/16/11, 10:41 am


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