How to get stolen materials back?

UPDATED: Sep 30, 2022

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How to get stolen materials back?

I hired a subcontractor to install siding on a home. All materials were delivered except a special order product. The sub contractors employee went and picked up the special order material when they came in from the warehouse where material purchased. Upon picking them up, sub contractors employee never delivered or installed the material. Instead he is holding it on his truck demanding a payment of X amount of cash. I’ve made a police report but they keep passing the buck to contact so and so agency and they won’t help How do I go about getting these stolen material back? The subcontractor will not respond to messages, text, voice mails or phone calls. All I want at this point is the stolen material back.

Asked on February 3, 2017 under Business Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If the authorities will not help, your recourse is to sue the contractor. Sue him for theft (stealing what is not his) and breach of contract (violating the agreement, whether written or oral, under which he was doing the job). The easiest and least expensive and quickest option is to sue him in small claims court as your own attorney ("pro se") for the value of the material; the suit can be settled or resolved by its return.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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