Ex employer owes wages, I'm in posession of one of his vehicles

[Chris A. Duke]

Jurisdiction

California

Hello, I have a problem with a ex employer owing my $1200, and was wondering if I could obtain some guidance here. I have possession of one of his vehicles, and at this time [3+ months later] consider it abandoned. I was temp help payed in cash, but have emails where he agrees that he owes me the pay. Actually, he owes more than $1200 = 12 days work. It was agreed that I would be payed $20 hour. That's just the amount I agreed to settle on, but that time period is long over.

1. Should I attempt to [after providing notice] to obtain title to vehicle to be sold at auction to recover wages? I just don't want to do anything that may be viewed as extortion or coercion. He owes me money, I have his property, and he has made no attempt to pay me or recover his vehicle in months, and after more than several emails.

2. I started drafting a notice [from the bottom up] this afternoon. This is what I have so far:
"NOTICE OF INTENT TO LIEN AND SELL AT AUCTION ABANDONED VEHICLE IF PAYMENT FOR MONEY OWED FOR WORK PERFORMED IS NOT RECEIVED WITHIN TEN DAYS
Our failure to have received payment for the above amount on or before ___________, will cause us, without further notice, to record a Claim of Lien / and or file for an Abandoned Vehicle Change of Title threw the California Department of Motor Vehicles, and or proceed with any other collection measures we, consider necessary for the work performed, at an agreed upon hourly rate of $20.00 hour USD, storage of abandoned vehicle, plus interest due on agreed upon wages as provisioned for by California Labor code _______________, at a rate of __________."

I only wish to get payed, and stay in honor in this situation. It's my hope, that the drafting of a notice letter will help encourage the deadbeat to finally cough up what he owes. I'm not exactly in the peanut gallery when it comes to law, I've been studying it for years now, but I want to make sure that my notice won't be seen in a way that could be harmful to my intentions of getting payed. I don't study civil law. Mostly international, contract, constitutional. I'm afraid my small law library or my copy of Black Law 4th edition is not going to help me in this matter.

Thanks for any help!
Chris Duke

 

[Chris A. Duke]

I know the general answer should be to just file a small claims action, but if I could resolve the matter with a letter of intent, or even sell his vehicle, that would be much more satisfying.

 

[army judge]

I suggest you return the vehicle.
I suggest you not engage in self help remedies.
You don't have lawful authority to sell his vehicle at auction.
You don't hold a lien which you can go against his property.

If you are owed wages, file a claim with the state labor board or agency.
If you were a contractor and NOT an employee (there is a very big difference) you can't file with the state for wages owed and unpaid.

The ONLY legal remedy for contractors is file a suit in small claims.

I'd not put much stock in emails as proof, despite what some people might tell you.

The SOL for debts is four years in CA, if a written contract (NOT emails) exists, or two years if the agreement was made verbally.

 

[Chris A. Duke]

Thank you for your reply. I have attempted to get him to come out and get his property. This is why I'm considering it abandoned at this point. Now it's costing me money to store it. I could just put it out on the street and let the city take it, but believe that by doing that, I would be in violation of my required due diligence.

 

[Betty3]

Can you not return the vehicle to your former employer?

 

[army judge]

Thank you for your reply. I have attempted to get him to come out and get his property. This is why I'm considering it abandoned at this point. Now it's costing me money to store it. I could just put it out on the street and let the city take it, but believe that by doing that, I would be in violation of my required due diligence.

Have you considered contacting the police and reporting the property as abandoned?

Some department of agency in your local government should be able to advise you in regard to LEGALLY having the vehicle removed from your property.

 

[ElleMD]

Drop the vehicle off at the employer and be done. Do not try to unlawfully sell his vehicle. There is no way you may lawfully sell it. It is not yours. Your definition of abandoned carries no weight legally.