Confiscating property???

 

I work with an "independent contractor" of sorts in my facility who owes me money. its not a ton of $$$ (around $3000 total outstanding)...but its approaching 60 days overdue and i'm getting the feeling that i'm never going to see it. i dont want to pursue it in small claims court or anything like that...its just not worth it to me.

 

But...this "contractor" does have some equipement and a computer in an office in my facility. I'm looking for advice on whether or not i should confiscate them and hold them until back payments have been made?

 

is this something that i should absolutely not do? as it might just get me into hot water.

or is this a reasonable measure to take?

 

 

Do not do it. Being a business owner/operator means that you have to make debts whole the proper way.

 

Do you really want to have to tell friends or co workers that you held someones property hostage to be made whole? I would not.

 

The proper procedures in my opinion would be to send certified mail to his business or personal address requesting the debt to be paid. Ask also for a response to the letter to avoid a small claims court proceeding. This will usually spook them enough to produce some action on their part. If it does not, handle things the right way and either exclude him from future contracts/jobs or take him to small claims court.

 

The last thing I would want is to make someone resort to a drastic level, which people do when their personal property is in peril. You have to know you do not know what is stored on that computer, and to what length he will go to not lose said data. Keep it professional and ethical and life in general has less hiccups.

 

Best

not a good idea, he might sue you for that.

Not fully understanding Canadian law, I agree with the two above comments. I would try other means.

In the US, your "confiscation" would likely amount to theft if he chose to pursue it that way. I'd use the standard (legal!) channels to collect the debt. It's unfortunate but small claims is probably your best bet.

Thanks for the above advice.

 

As of today his services have been terminated and i will be deciding whether or not to pursue the funds via the appropriate channels.

You made the right choice