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View Full Version : Ex employee won't return borrowed tools.


LR3
08-26-2011, 10:58 PM
So, I have this guy thats worked for me since the end of the plowing season till about two weeks ago who also happens to be a friend of mine. Throughout that time he ended up borrowing a SS lesco broadcast spreader, a pair of stihl hand pruners, a pro locker, a 2 5/16 ball hitch and has a set of keys to my shop and every lock on my trailer as well as my skid steer. The locks on the shop have already been replaced and I'm not worried he will try stealing anything off the trailer. I have tried calling him leaving messages and texts to try and get back my stuff but he won't return or reply to any of my attempts. He was about to be fired and before I could tell him he just never showed up. What can/should I do to get my stuff back?

JDiepstra
08-26-2011, 11:02 PM
Call the local pd and ask if they can get involved. He is clearly not a friend of yours. He probably sold them already and bought drugs.

LR3
08-26-2011, 11:09 PM
Definitely not a friend. Out of jealousy and resentment I think is what caused him to betray me. He's quite the idiot. He tried to start a LCO last year and failed miserably, saw what I accomplished and jelousy set in. He started to make a little money and instead of re investing, he goes out and buys a brand new $12k motorcycle. I'll never hire another guy who once owned an LCO before.

DavesLL
08-26-2011, 11:21 PM
Assuming you can get in contact with him (voice/email, takes phone calls, snail mail), do so and state you'll be filing a stolen items report with the police unless he returns the items.

Then if they don't reappear within a week, file the damn police report. If you can get him on voice mail saying anything that translates to "I have the tools / I have borrowed the tools" etc..., even better. Just like they used to tell you back in school, don't settle things yourself; get the authorities involved. In the real world, that's the cops. Make'em actually do something useful for a change.

LR3
08-26-2011, 11:29 PM
Assuming you can get in contact with him (voice/email, takes phone calls, snail mail), do so and state you'll be filing a stolen items report with the police unless he returns the items.

Then if they don't reappear within a week, file the damn police report. If you can get him on voice mail saying anything that translates to "I have the tools / I have borrowed the tools" etc..., even better. Just like they used to tell you back in school, don't settle things yourself; get the authorities involved. In the real world, that's the cops. Make'em actually do something useful for a change.


I'm afraid if I tell him I'm filing a report he will relocate the stuff. As for the letting the police do their job, there is no doubt that I will, I'm not risking what I have worked so hard for. 5 years back, now that would be a whole different story.
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Classic Cuts Lawn Service
08-27-2011, 03:35 PM
Definitely not a friend. Out of jealousy and resentment I think is what caused him to betray me. He's quite the idiot. He tried to start a LCO last year and failed miserably, saw what I accomplished and jelousy set in. He started to make a little money and instead of re investing, he goes out and buys a brand new $12k motorcycle. I'll never hire another guy who once owned an LCO before.

Not trying to defend this guy but I am pretty jealous of some of the guys on here with all of their equipment. Just makes me work harder to get to be that big someday :clapping:

Pro-Lawn&Grounds
08-27-2011, 04:57 PM
The cops can't do a damn thing ... In an effort to make a profit Stihl, Lesco, etc make more than one of each of there product. you cant really prove he stole anything. Lesson learned don't let employees borrow tools because what do they need them for? Work on the side that could just be sent to you? or work at they're houses? nothing gets borrowed by my employees because its to hard to get it back and prove its yours ... I'd just confront him personally or just go buy new hand trimmers and what not and make sure to mark them and never let ppl borrow them ... sorry buddy

rywnygc
08-27-2011, 05:29 PM
No offense man, but grow a pair and go get your stuff. Screw calling and texting. Park at the dude's house and wait for him to come home. He can't stay away for ever. If someone takes my stuff, they will give it back just to get rid of me. The cops won't be able to do much unless your equipment is in plain sight. They would need a warrant to go into a garage or home.

JDiepstra
08-28-2011, 12:08 AM
Apparently these guys dont know how police work is done. You file a report, he gets a visit. They tell him he returns the stuff or gets charged with larceny, which is a felony. Then he goes before the judge and you guys try to prove your side.. Dont listen to these guys. They dont know what they are talking about.

LR3
08-28-2011, 01:28 AM
Apparently these guys dont know how police work is done. You file a report, he gets a visit. They tell him he returns the stuff or gets charged with larceny, which is a felony. Then he goes before the judge and you guys try to prove your side.. Dont listen to these guys. They dont know what they are talking about.

Thanks for the proper support, like all forums, you post, get replies and weed out most and keep the few that best applies. My plan is to show up at his parents house, which is where he lives and asking nicely for it back. If that fails then I will file a report with the police and hand over the receipts for each item. If that fails then I'll take it as a learning experience and let it go.
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dahammer
08-28-2011, 01:59 AM
I loaned a so-called friend a shotgun to hunt with one time, was having trouble getting him to return it and come to find out he had pawned it. His then girlfriend (and eventual wife) got mad at him and brought me the pawn slip. I took it to the pawn shop and the owner just directed me to the sheriff. When I took it to the sheriff, he told me there wasn't a thing he could do since I had willing loaned it to the guy, had no proof and for all he knew I had sold it to him. I also called the justice of the peace and got the same response as I did from the sheriff. So I went to the pawn shop and bought it back. Then I caught the x-friend in a parking lot (small town) a few weeks later and proceeded to take the cost out of his hide. Well, all that got me was an assault charge, out several more hundred dollars and a trip to jail. I was young and dumb back then, so it didn't matter as much.

Next election I got to vote against the sheriff and judge though. I hope you have better luck than I did.

vencops
08-28-2011, 06:07 AM
Apparently these guys dont know how police work is done. You file a report, he gets a visit. They tell him he returns the stuff or gets charged with larceny, which is a felony. Then he goes before the judge and you guys try to prove your side.. Dont listen to these guys. They dont know what they are talking about.

Not all larcenies are felonies.

Just sayin'.

rywnygc
08-28-2011, 08:05 AM
Apparently these guys dont know how police work is done. You file a report, he gets a visit. They tell him he returns the stuff or gets charged with larceny, which is a felony. Then he goes before the judge and you guys try to prove your side.. Dont listen to these guys. They dont know what they are talking about.

It's not like the guy has 2 mowers and the actual skid steer. I have tried to get stolen items back from people and pawn shops. Unless the police can actually SEE the items, there is no proof and good luck getting a warrant on "I know he has them".
BTW, I come from a long line of police, firefighters, emt's and most of them were prior military. The guy has some sheers and keys (basically). I know you like to post in every thread like you know something, but in this case you are giving the guy a false hope.

Thanks for the proper support, like all forums, you post, get replies and weed out most and keep the few that best applies. My plan is to show up at his parents house, which is where he lives and asking nicely for it back. If that fails then I will file a report with the police and hand over the receipts for each item. If that fails then I'll take it as a learning experience and let it go.
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In this case you are reading what you want to read. When "most" are saying that the cops won't help you, they are probably right. The stuff to "weed out" is those who are saying garbage like this guy will get charged with a felony for not returning some keys. They don't fit the locks at Ft. Knox.

Yes, go to his house, try to get your stuff. Border line stalk the creep until he gives in. If the stuff is that important, follow him until he is alone and "handle it".







Why don't people handle their own stuff anymore?

capetrees
08-28-2011, 08:54 AM
No offense to the police but the legal system just doesn't work.

Case in point, two friends of mine, father and son, owned a repair garage. They were ripped off one night. Turns out the idiot thieves posted the tools for sale locally on craigslist and then listed their contact to their facebook accounts. Locals knew the tools that were stolen and followed the trail to their facebook account. Turned it all over to the police and the thieves were arrested and taken to court. Long story short, after losing 3-4K in tools and materials and having ciught them red handed, the thieves got 200 court costs and 6 months probation. No restitution, no returning tools, no community service, nothing.

Moral to the story, don't loan your tools out to anyone. You have no proof they were "loaned" and the other guy can say you gave it to him. Your word against his. Change your locks and replace your equipment, claim the tools a loss on your taxes and move on. Someday, and it will happen, you'll meet up with this ahole somewhere and you'll be the winner. It's happened to me.

JB1
08-28-2011, 02:24 PM
thats why you make campaign donations to certain people, and then get things done.

txgrassguy
08-29-2011, 11:14 AM
All depends upon your state and how the authorities view a willful act such as tool loan verse non-return of said items.
Personally I'd mail the guy a registered return receipt letter demanding the tools be returned in operating condition. Mention in the letter that this guy is responsible for any damage/loss.
Then, if the guy fails to return the tools in operating condition simply call the police with all of this info. The letter will serve as the narrative for an affidavit you'll fill out for the police thereby allowing the police to pursue whoever has the tools.
If this doesn't work take him to small claims court.
If small claims doesn't work then write off the tools at full replacement value from your year end tax filing.

PremierT&L
08-29-2011, 11:46 AM
Go talk to his parents. Tell him you would hate to get the police involved. Maybe they will give you the stuff. Good luck.

LR3
08-29-2011, 06:57 PM
All depends upon your state and how the authorities view a willful act such as tool loan verse non-return of said items.
Personally I'd mail the guy a registered return receipt letter demanding the tools be returned in operating condition. Mention in the letter that this guy is responsible for any damage/loss.
Then, if the guy fails to return the tools in operating condition simply call the police with all of this info. The letter will serve as the narrative for an affidavit you'll fill out for the police thereby allowing the police to pursue whoever has the tools.
If this doesn't work take him to small claims court.
If small claims doesn't work then write off the tools at full replacement value from your year end tax filing.

Thanks man, I think I'll give this a try. Dealing with Hurricane clean up and intend to pursue this avenue soon after. Thanks guys for all your input.
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