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How to get my tools from Homeowner after work was cancelled by them .

Texas

Work was done slow because initial deposit was never met. I bought material and was only given part of the deposit cash not through our payment portal. I let them know that I cannot advance faster without workers and I can’t get workers without a full deposit. They decided to cancel and want their partial deposit back however material is already In place part of the houses infrastructure. They are withholding all my tools and said I can get them once I pay them their initial deposit which was short of what was said to be.

1 reply

Jun 25, 2021

You should consider preparing a letter to mail by certified mail, return receipt requested, to the homeowner to set out the facts and to demand the relief that you want. Make sure that you demand a turnover of your tools. "Turnover" is a legal term. If the homeowner wrongfully refuses to turnover your tools, the homeowner could be liable for conversion (civil theft). Attach to the letter the contract, invoice, and photographs of the completed work. Make sure that your letter is professional and business like as it may be evidence later. 

If the customer does not respond or respond satisfactorily, you should consider filing suit in small claims court, using the letter as evidence.

You may also consider filing a complaint with your county's District Attorney for theft of your tools.

Good luck.

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