How can I get a tech to return ship an item that was sent for repair years ago? What legal options are there?

Question

I sent a piece of rare electronic equipment for repair several years ago. I paid the technician (who is out of state) for the repair; however, he has never return shipped the item. I have been in e-mail and phone contact over the years, but none of the pressure that I have asserted has helped. What legal options do I have to get this item returned to me? How should I go about doing this?

Answer 1

It is going to depend on the laws in the State where you reside and as you indicate it was "several" years ago, in many states you have already missed the window of opportunity by not seeking action within the Statue of Limitations.

You don't indicate if the technician is a private individual or part of company. If part of a company, you could try filing a complaint with the Better Business Bureau.

Did he ever give any reason as to why he has not repaired and returned the item? If he is claiming failed health or disability but promising to repair and return at a later date you could argue that the you extended him the time as courtesy but now have come to realize that the man has no intention of keeping his end of the bargain.

You could try sending him a bill for the replacement cost of the item (citing examples of where you researched to come up with that figure), along with fee that you paid and send a demand letter (certified mail with a receipt receipt to show in Court as proof that he has received the letter) demanding either the return of the item or its replacement value in today's market the fee paid for the repair, or if not you will leave him no choice but to file the matter in Small Claims Court.

The downside is Small Claims Courts have limits on how much you can sue for (generally $3,000-$5,000) and you would have to prove your case by the preponderance of the evidence and again, if the statue of limitations has expired in your State, you may not only be out the item and repair fee, but the Small Claims Court fee as well. Even if you win, all you may get is a Money Judgment that will be expensive to try to collect. It might be worth it to try to bluff him, but if he knows the laws, it won't work.

Answer 2

You would need to engage counsel in the place where the equipment is situated. Assuming that this is somewhere in the US, he needs to sue out a common law writ of replevin, which is a court order for the sheriff to go to the place where the equipment is located, and get the equipment using such force as is necessary and expedient to do so, and then to bring the equipment into court for disposition per the court's order.

You'll need to file a bond to get this writ. I don't know the value of the equipment, but you'll need to make a showing of its value, because the court will probably set the bond at the greater of twice the value of the object or $100,000. If you lose the case, you will end up paying the other side's attorneys fees, which is why the bond is always substantial in these cases. Or you could sue for trespass to chattel for withholding it, or possibly conversion, which makes him pay you the value of the equipment.

Good luck, these are tough cases to bring and win.

Good luck