Lost my Tuplip Poplar logs.

I had a big 60 year old Tulip Poplar down behind
my house on Clear creek that was about 30” at the
butt.

Kids and Grand kids been after me to cut it into
lumber and make some more tables and benches etc
like I've made before from pine, White Oak , and
Water oak etc.

So I cut it down and contacted the saw miller that
usually does my sawing since I don't have a mill
myself anymore. He was tied up for a couple of
months so I asked around and found another man who
said he would saw them up sooner and let me know
when I could come pick up the lumber. The three
logs made up about 1500 board feet.

After waiting for over two months to hear from
them and trying to contact them several times I
finally got the miller to answer. He told me that
he had sawed the lumber weeks or months ago and I
never came to claim them so the owner of the saw
mill who is a lawyer in the next city over and
owns a large tract of land in Talladega county
just took the lumber himself and encorporated it
into one of his buildings at his place on the
creek.

I was just completely stunned I have tried to get
them to at least pay me for the logs that they
took but as of yet have had no success.

Anybody give me some good advice as to what legal
avenue I can take to get some sort of pay for my
lots or maybe even criminal charges against
them????

I feel like I have been robbed!!!!!!!!!!!!!!!!!!

Zane

Do you have any proof (anything written) that he came and picked up the logs or took possession of them?

Does he have any proof that he tried to notify you that the wood was finished? I would think that since he was doing the job when he managed to get to it that it was up to him to notify you when the job was completed. I mean, what are you supposed to do, call him every day? So I think the law is on your side there. I don't think you were obligated to try to find out if he got the job done.

From what little info you've supplied, I'd say the ball is in your court. Depending on the value of the wood and the small claims limit in your state I'd tell him that I was filing a small claims suit against him and see what he says.

He is certainly guilty of conversion. Of course I have no legal knowledge but I sure wouldn't take this one in the butt.

I think you've been flat out robbed and that the guy is a masterful liar with the deceitful charm to pull it off.

Did you take any photos of the process?
Family or friends see the logs being taken away?

He probably never said, "Call us periodically for a progress report" or "call us" period and the normal course of business action anyway would have been for him to say, "We'll contact you when the logs are milled" which he apparently said -- but he obviously didn't honor that commitment.

If he tried to use the excuse that he lost your number or that you didn't give it to him or whatever, then he should have looked it up or driven right to your door to contact you, before outright commandeering your lumber. So even a lie that he came by and you weren't there is no excuse because in that case he should have left a note on your door.

So maybe the strongest legal point in your favor, and all that you legally need is that he NEVER EVEN TRIED or never REALLY TRIED to contact you as per his promise and as per business protocol.

You might want to phone and tape the call so that you have them acknowledging that they indeed were given YOUR logs to mill. Then as far as court goes, the onus is on him to prove he tried to contact you . . . phone records etc.

Besides, there is no stated time frame within which you were obliged to go to them to get the lumber, or the lumber becomes theirs. OUTRAGEOUS! . . . especially given that you were awaiting his call and so YOU LOGICALLY CONCLUDED THAT THE JOB WASN'T YET DONE.

Good luck,
Terry

hate to say it but you need to contact a lawyer.

(quoted from post at 14:46:48 09/14/14) hate to say it but you need to contact a lawyer.

Click to expand...

Yes, at least try to get a consultation with a lawyer, then depending on the value of the lumber, go with a small claims suit.

I had a similar situation with some Black Walnut logs. The uncle of a friend was sawing some oak and pine lumber that we hauled for my friend about 100 miles. These were to be used in a log cabin that my friend was building. Payment to me was my logs would be cut at no cost to me since I was hauling for free, as a friend.
The uncle sawed the logs and sold the lumber. I had no use for it but was going to give it to my son for some of his wood projects.
Bye, bye.

From the posted facts, you certainly have a valid claim but without written evidence it becomes a matter of he said/she said, and the mill owner certainly knows this.

Good luck.

Dean

(quoted from post at 19:04:37 09/14/14) From the posted facts, you certainly have a valid claim but without written evidence it becomes a matter of he said/she said, and the mill owner certainly knows this.

Good luck.

Dean

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He can probably come up with some witnesses that know the logs were in the mill owners possession. Here are two stories. Which would you be inclined to believe?

1. Mill owner take possession of the logs and saws them into lumber. The owner of the logs did not contact him to pick up his lumber. Mill owner sits around waiting for the guy to come pick up his lumber. Mill owner sells the lumber for profit.

2. Log owner has mill owner take possession of his logs to saw them into lumber. Log owner waits for mill owner to call him to tell him his lumber was ready for pickup as would happen in a normally operated business such as that. Mill owner makes no effort to contact customer that his lumber was ready and sells the mans lumber.

So which do you think a reasonable judge would believe? How much effort do you think the mill owner should have made to contact the customer before selling his wood? Is sitting around waiting for the customer to come in enough effort?

Not in my book it isn't. Number 2., dead bang winner.

A lawyer logger...

Around here the joke is most loggers are so crooked that, when they die, you have to screw 'em into the ground, and most seem to live up to it.

My management plan calls for a clear cut of aspen in one area, but I'll be damned if I let a logger on my land, even if they are certified.

Good luck. It's a dreadful shame to lose a beautiful tree.
pete

Sounds like time for a little W___ A$$. Guess as we have gotten older those days should be past us. I try to avoid physical violence these days but some times it can't be helped. Best to try to get a lawyer to work it out for you. If that won't work, I think I would go down to that owners place and start removing my boards. And low and behold to any one that tries to stop me. Yes you have been robed. You have every right to reclaim your property.

all states are different of course, but in mine
small claims court is pretty easy. Don't need a lawyer or anything.
Just your claim, he gets a summons, and you both sit down in front of a local judge and tell your story.
You'd win easy in that situation.

also, for the owner who thinks he is immune...
here, you don't get to keep stolen property, even if you bought it legitimately.

I totally agree with NNP. Each state is a slight bit different.
I believe here in NY it is a $200 fee.

As I am sure you know, Small claims is meant to have a decision made that follows the law, can be enforced by the law and is very cost effective.

Businesses need to follow proper business procedures. There are rules that they do need to follow. They cannot sell your property unless they explicitly stated it in writing at the time of the initial contract. They would be able to sell it if they stated that after a certain time period, they would consider it abandoned and would need to re-coup their labor costs. Or they could charge you storage fee's

Get any bills or agreements paper work together. Get your phone bill showing their phone number and times that you attempted to call. Log your trips to the mill and dates. Do you have any picts of the tree while it was standing, while cut, while loaded on the trailer?
If you don't have any bills than decide on why you don't. Is it because he didn't offer up any. Was it an agreement on a handshake. What was it that you agreed to pay. Were you picking it up or was he to deliver it. And get a court date set.

Your only downfall that I see is that as you stated, he is a lawyer in the next city over and he knows people....and I am sure that includes judges. And don"t kid yourself if you think that Corn Grease is only used on tractors.

A lousy judge can rule that there is no indication of any agreement that ever took place since there is no proof of an agreed to contract.

I wish you the best.

Lost 27 logs here cause there was no agreement with the contractor and the mill to do anything with them. Contractor claims it was up to me to contact mill. Didn't even know where they were for over a month. Won't be anybody cutting here to haul off. Only portable mill used RIGHT HERE!

It makes no difference.

The burden of proof is on the claimant to prove his case. Once that has been done, the burden shifts to the defendant to establish any valid defense(s).

Dean

(quoted from post at 07:55:08 09/15/14) It makes no difference.

The burden of proof is on the claimant to prove his case. Once that has been done, the burden shifts to the defendant to establish any valid defense(s).

Dean

Click to expand...

I would add that the courts decision is by a preponderance of evidence.

Bingo.

The claimant will need to introduce evidence of his version of the facts.

Regardless of the facts, the defendant will almost certainly dispute the claimants version.

He said/she said.

Good luck.

Dean

(quoted from post at 11:47:38 09/15/14) Bingo.

The claimant will need to introduce evidence of his version of the facts.

Regardless of the facts, the defendant will almost certainly dispute the claimants version.

He said/she said.

Good luck.

Dean

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Usually everybody lies in court. It's up to the judge to figure out who's doing the least lying.

Zane, I believe your story.

"Your only downfall that I see is that as you stated, he is a lawyer
in the next city over and he knows people....and I am sure that
includes judges. And don"t kid yourself if you think that Corn
Grease is only used on tractors."
That could work both ways. If the Judge believes him to be a
crook he might want to take him down a peg. There are good
Judges out there and also good Lawyers. You might also find a
Lawyer that knows he's a crook and would also like to take him
down a peg. I know Alabama people very well. Most are good
people.
But him being a Lawyer, I would want to have a Lawyer with me
when I went to court. At lest consort a Lawyer or two and see
what they say.
It's a sad state of affairs. I've never dealt with sawyers. I'm
surprised at so many tails of rip offs from them.

Since the owner of the saw mill is a lawyer and it seems that it was his final decision to just take your wood, I wonder if you might contact the state Bar Association?

Would they take a complaint about his bad business practices? I don't know if it has to be in a law related case or not but you might call them and ask anyway.

After all, he is an officer of the court and not supposed to be involved in dirty dealings like that.

I think you are offering up a great case to the lurking Zane.
I nominate you his lawyer.

I'm pretty sure Dean is a lawyer.

I had a similar deal where i cut and raked the hay for a guy and if we had to go to the field he was supposed to get the guy who lives 1/4 mile down the road to bale it. He sat on his fat lazy rump after i told him i had to go to the field,{harvest} for the farmer i was working for. and when i went to collect on the mowing and raking he said i let his hay get ruined! I went to small claims court and the judge said we both had lost equally! So no pay for me. 2 years ago i had a neighbor come onto my farm and cut down several trees for firewood. They were white trash with no money and a history of stealing everything from wood to riding atv s through the river to stealing a guys gravel or dirt off his field. Let's just say that I've pretty much given up on the courts system!!
:evil: