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OT: former landlord still has some of my equipment

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doug in illinoi

11-18-2007 11:51:34

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This is probably going to end up with a lawyer and possibly in court, but anyone have any ideas how to get someone to cooperate who has been holding some of my equipment hostage for over a year?
Won"t go into long detail, but was told by wife to do one thing and her husband had other ideas, resulting in him kicking me off the ground. Sent them a letter as follows, I am their mailman so know they DID receive it. Using made up names as follows. Had to and from. etc, then the text.

November 17, 2007

Humpty and Dumpty, what is in the past cannot be changed. Having said that, we still have some items that need to be taken care of. I tried to treat you fairly, and am sorry for the misunderstanding last fall. Having said that, here are several issues that need to be resolved.
1: I am no longer the producer on your farm, we need to change that with Farm Service (USDA)
2:I need access to retreive several pieces of farm equipment. Listed as follows: IH tandem disk, NH mower conditioner, older IH sickle mower.
3: Not farm equipment, but Lawn Boy riding mower is also mine.
I would like to retrieve this tommorrow, 11-18-07, then my phone number. Also went on to tell them if they did not call me back yesterday I expected a reply by mail no later than 11-21-07, and that if could not get 11-18-07 that needed option to retrieve at my leisure.

Now, this brings the question of if they are going to try to charge me storage or something else as crazy. If they do, should I have a lawyer charge them for equipment rental, or even print out retail values for the equipment and have them billed for it? I know I would never see a penny, as they are about to go into real estate tax foreclosure as in the local papers. Or do I just take the several thousand dollar loss as a hard learned lesson to bring everything home every night in the future?

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ScottyHOMEy

11-18-2007 19:58:55

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Re: OT: former landlord still has some of my equipment in reply to doug in illinois lost pas, 11-18-2007 11:51:34

Strikes me that if you're his mailman you'd have known enogh to sned your letter certified. That would give you a recipient's signature to stand on. "I'm his mailman and I put the letter in his box," don't fly real high.

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Mike (WA)

11-19-2007 08:38:14

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Re: OT: former landlord still has some of my equipment in reply to ScottyHOMEy, 11-18-2007 19:58:55

Actually, it flies high enough- in nearly all instances, putting a correctly addressed envelope in the U. S. Mail constitutes notice, whether recipient receives it or not. Being able to testify that he put it in their mailbox is a plus.

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dan in Houston

11-18-2007 19:17:52

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Re: OT: former landlord still has some of my equipment in reply to doug in illinois lost pas, 11-18-2007 11:51:34

There's not enough details here to sort out the whole story. You mention a real estate tax foreclosure. Don't know the process but I would talk to the county to see how you might file a claim on your equipment.
If bankruptcy is involved, there is usually a hearing at the beginning, where creditors show up to make claims against the estate. I would sure attend and put some type of claim in for my equipment. If nothing else, it goes on record that you claim it.

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John M

11-18-2007 15:59:24

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Re: OT: former landlord still has some of my equipment in reply to doug in illinois lost pas, 11-18-2007 11:51:34

Have you paid your landlord? got a reciept, if not then your SOL buddy! I dont blame him, Id keep it if you hadnt paid me too!

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doug in illinois

11-18-2007 19:23:02

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Re: OT: former landlord still has some of my equipment in reply to John M, 11-18-2007 15:59:24

Nothing was ever in writing, verbal agreement for half and half on the hay, with them picking up their half after was baled. I always ended up packing their hay in to their barn, they just would leave it lay. Had to haul a lot of it out of field totally rotted first time I realized they wouldn"t pick it up. Same verbal agreement on the VERY SMALL amount of row crop, they would not stand their half of expenses but wanted their half of crop. Make a long story short, corn crop with no fertilizer or chemicals, you can guess the rest. Had verbal permission from his wife to sickle bar the VERY WEEDY and poor corn to sell for stalks, squirrel feed, etc. He had different ideas. ENUF SAID. Doug

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paul

11-18-2007 19:11:49

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Re: OT: former landlord still has some of my equipment in reply to John M, 11-18-2007 15:59:24

John, paid him for what????? ? You might be assuming a whole lot here, I sure wouldn't?

If you have waited more than a year, you can have problems.

If they are already in some sort of bankruptsy or tax default issue, you could have problems.

If not, I would mention the issue to the sherrif so when they get a call they will have 2 sides of the story ahead of time, and go show up & hook on to your equipment.

There might be some issue, but you gotta do what you gotta do.

If there is more to the story than you are telling us - which John is assuming - then likely you will be too scared to talk to the sherriff, and the stalemate will continue. :)

--->Paul

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John M

11-19-2007 03:09:19

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Re: OT: former landlord still has some of my equipment in reply to paul, 11-18-2007 19:11:49

HE said "LANDLORD", which in my book, is a person you pay money to for use of his property, be it a house, apartment, land, etc.....

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doug in illinois

11-18-2007 20:21:38

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Re: OT: former landlord still has some of my equipment in reply to paul, 11-18-2007 19:11:49

Not afraid of talking to the sheriff, I DO fully intend to have law officers on site if and when I ever do get it back. Think he is basically going off the deep end, he can't keep a job every since he lost a HIGH POWERED MANAGEMENT job. His wife earns the living, he was working with the Amish after he lost his job, they want nothing to do with him now. He is gun obcessed, I DO own guns, but not to the point where anyone should be afraid of me. That is WHY I DO want law with me when I go. Should have started pushing LONG ago, but in all honesty over a year has indeed passed. I AM SCARED OF HIM. I do understand the people who have replied thinking this may not be an appropriate topic for YC, but better to learn from others mistakes than make them yourself. NO, I am NOT afraid to take him to court, just afraid of HIM.

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Lanse

11-18-2007 15:31:18

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Re: OT: former landlord still has some of my equipment in reply to doug in illinois lost pas, 11-18-2007 11:51:34

I would call him and regauardless of what he says, show up in a day or 2 in a mini tractor parade, 3 tractors (for 3 implements) and have an escort of the largest, strongest and feirceest looking people you can find. Say they are here to help you hook up the equiptment. I would just get it done.

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El Toro

11-18-2007 15:30:54

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Re: OT: former landlord still has some of my equipment in reply to doug in illinois lost pas, 11-18-2007 11:51:34

Was any of your equipment removal ever put in writing when this property was sold? If it was take a copy to your local police in your area.
They should be able to retrieve your equipment. Hal

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Jimmy King

11-18-2007 14:26:07

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Re: OT: former landlord still has some of my equipment in reply to doug in illinois lost pas, 11-18-2007 11:51:34

I don't know about tax foreclosure, but if they are in bankrupcy you are screwed the court will tie up the machinery because it is on the property.

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mjbrown

11-18-2007 13:59:28

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Re: OT: former landlord still has some of my equipment in reply to doug in illinois lost pas, 11-18-2007 11:51:34

Go talk to him if you can and tell him you will come to get your stuff. It would be even better if you have some kind of reciept for owning the stuff. Show up with a tractor and if he denies you access call for a deputy on your cell phone. If it is going to forclosure the authorities in charge of that sale need to know that the stuff is yours and that it isn't part of the property and that they have no right to sell it with the property to settle the forclosure. If that is established prior to the sale the new owners may be required to let you get your stuff.
But go get it if possible. The longer it's there the less it is yours.

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RodInNS

11-18-2007 13:43:11

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Re: OT: former landlord still has some of my equipment in reply to doug in illinois lost pas, 11-18-2007 11:51:34

If they're going to a foreclosure sale, I'd have my gear out of there one way or another before that date.
Not so sure about talking to the sherrif either... Some might consider it tresspassing if you were to enter onto his property, even if you were retreiving your stuff.
If it was mine, I'd just go and get what WAS mine, and deal with the fallout later.

Rod

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135 Fan

11-18-2007 13:24:37

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Re: OT: former landlord still has some of my equipment in reply to doug in illinois lost pas, 11-18-2007 11:51:34

Asking for the sheriff or a police escort would be a good idea. They are supposed to be there to "keep the peace". I don't think someone can hold your stuff and not allow you to take it. If they think you owe them money, they can sue you. I was told this by the police in a similar kind of deal. If no agreement was made for paying storage, they can't come along later and decide they want some. Do not take a loss on your equipment. Hopefully the people will be cooperative and if not an escort would make things a lot easier for you. That's one of the things you pay taxes for. Dave

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Allan In NE

11-18-2007 13:10:38

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Re: OT: former landlord still has some of my equipment in reply to doug in illinois lost pas, 11-18-2007 11:51:34

If there is bad blood going on and if it were I.....

I'd just swing past the county sheriff's office and tell him that I'm on my way out to soandso's place to get my equipment and if he should get a call from soandso, this is what is going on.

Then, I'd just go get it. The longer you let this "hang", the harder it's gonna be. Get it over with.

As always, just my opinion.

Allan

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glennster

11-18-2007 13:10:31

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Re: OT: former landlord still has some of my equipment in reply to doug in illinois lost pas, 11-18-2007 11:51:34

john t will probably chime in here with the best advice, but as a landlord, i'll give you my thoughts. call him and go talk to him. ask for a convienent date for the both you to come collect your property. dont let emotions rule, be professional about it. document any conversations you have with him. if he will not let you get your things, contact the sherriff, show him a copy of your lease agreement, and a copy of the letter you sent him identifying your property and have them set a date to retrieve your property. i have a tennant that had been off my other farm for over a year. he still has a chisel plow there, a planter, and numerous odds and ends. i have contacted him several times to retreive his stuff. yup, i 'll get it as soon as i get time he says. i am getting tired of his stuff, its in the way, and i need my space back.

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Michael Soldan

11-18-2007 12:44:39

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Re: OT: former landlord still has some of my equipment in reply to doug in illinois lost pas, 11-18-2007 11:51:34

I would contact the local police and explain that you are going to retrieve equipment and you would like an escort to do so, get help, have a few tractors, get it quick and get off the property quick, I think the police would assist knowing that they are preventing problems. Has this person refused you entry to get it? I think the police presence would change his mind. I agree with thw other poster..just drive in, hook onto it and go would work too!

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RobMD

11-18-2007 12:33:43

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Re: OT: former landlord still has some of my equipment in reply to doug in illinois lost pas, 11-18-2007 11:51:34

Just go in there and get your dang stuff!

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Dan-IA

11-18-2007 12:15:20

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Re: OT: former landlord still has some of my equipment in reply to doug in illinois lost pas, 11-18-2007 11:51:34

I was under the impression that you have one year to remove your equipment. Might be a state law though.

In any case, after a year has passed my guess is that you're gonna fight an uphill battle: possession is 9/10ths of the law and all that.

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Joe in MN.

11-18-2007 12:08:07

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Re: OT: former landlord still has some of my equipment in reply to doug in illinois lost pas, 11-18-2007 11:51:34

You need to take your problems to a Lawyer and not on Tractor Problems forum ---- we could turn into a Free Psychologist Form if we consider every problem ever one has ....

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135 Fan

11-18-2007 17:57:47

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Re: OT: former landlord still has some of my equipment in reply to Joe in MN., 11-18-2007 12:08:07

This is very much a proper post for a farmers forum. Not only based on the number of legitimate responses but also because it could help out other farmers who may run into or have a similar situation. It's all about helping each other out. Well, at least that's what it's supposed to be for. Dave

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