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  1. #1
    Join Date
    Jun 2011
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    1

    Default Tools Abandoned for 4 Years, Now Original Owner Wants Them Back, Plus Owes $5000

    My question involves personal property located in the State of: Ohio
    My mother rented a room to a friend of her sons about 4 years ago. She had co-signed a car loan for him at that time, which he later defaulted on. Leaving her a $5000 debt against her credit. He moved out, left a lot of tools in the garage. Now he is back and wants all his tools. When she told him he owed her for the car loan against her credit, he just said if she didn't give the tools back to him, he was taking her to small claims court. She obviously co-signed in good faith, does that mean she can't hold him responsible for the $5000 she now is responsible for? Also, does she have the right to keep his tools, because they were left for so long and because of the debt?
    Thank You

  2. #2
    Join Date
    Jul 2010
    Posts
    7,598

    Default Re: Tools Abandoned for 4 Years, Now Original Owner Wants Them Back, Plus Owes $5000

    Quote Quoting osassymom
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    does that mean she can't hold him responsible for the $5000 she now is responsible for?
    Nope, but she must follow the proper legal process.

    Quote Quoting osassymom
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    Also, does she have the right to keep his tools, because they were left for so long and because of the debt?
    Thank You
    Nope and he is free to sue her to get them back. She needs to sue him for the 5G's. If the tools were not identified in some form of contract as being collateral on the loan, she cannot simply treat them as such. Also, the concept of abandoned property has a specific meaning in each state. Simply leaving them and not returning does not always meet the definition. There usually must be some attempt by the person in possession to contact the owner to get them. I am not familiar with Ohio's rules though. There are plenty of folks here from OH so they may be able to give you particulars.

  3. #3
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Tools Abandoned for 4 Years, Now Original Owner Wants Them Back, Plus Owes $5000

    Quote Quoting osassymom
    View Post
    . Now he is back and wants all his tools. When she told him he owed her for the car loan against her credit, he just said if she didn't give the tools back to him, he was taking her to small claims court. She obviously co-signed in good faith, does that mean she can't hold him responsible for the $5000 she now is responsible for? Also, does she have the right to keep his tools, because they were left for so long and because of the debt?
    Thank You
    The abandonment question concerning LL-tenant is moot now, as he is back. No she can not hold the tools legal hostage.

    IF he sues in Ohio small claims they do NOT entertain Replevin actions, meaning they have no power to order the return of property. They can only award a monetary value, probably a current market value also.

    She can countersue, since she will have an address for him, when he sues for the value of the tools.

    If he defaulted, did they come after you to repay the loan?

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