Can someone take you to small claims court for this? If so, what would happen to me?
I've been holding some stuff for a friend of mine for 2 years now, never asked about, nothing...all of a sudden after saying they didn't want it anymore, I refinished it all, moved and now they want it all back. What are my rights? And, can they take me to small claims court over this? It's under $5000...any info would be great.thanks
Answers:
They abandoned it, you improved it, it's yours now. If you are sued, you have a complete defense, but plead a counterclaim for (a) storage charges of $250 per month plus (b) improvements and betterments to bulk the claim up to the jurisdictional limit on small claims in your state.
anybody can take you to small claims or any other court. Whether they will prevail is the question. can't give legal advice.
They said they didn't want it, so they have no rights.
If they told you they didn't want it anymore, they cannot expect to get it back now. However, it is your word against theirs if it goes to court.
Do they have recepts stating that it is theres?
If not I say it is yours and tell them where to go.
If they specifically said that they didn't want it anymore they have a lot less of a case. They would have to prove that they just lent you the stuff.
anyone can take you to court for any reason. If he can't prove ownership, possession is 9/10 of the law
tell him you threw it out after not hearing from him in 2 yrs - or charge him enough rent to get back your restoration costs
They can take you to court but if they said the didn't want it anymore they can't expect to get it back now especially after two years. I wouldn't worry about it too much.
It sounds like the the key fact here is that they said they didn't want it anymore. Consult an attorney.
It's yours. Let them sue, they'll lose. It's yours. They also represented that they didn't want it anymore. Ask any lawyer, they'll tell you the same thing. And it's not just "your word against theirs." Here is a good example where posession truly is 9/10 of the law.
Well the only thing you don't have going for you is a signed paper saying that they gave it to you! I my case I was the prosicuter and I lost so
I'm sure they can take you to court for just about anything they want too. If they said they didn't want it anymore do you have proof?
Was there any kind of agreement of time or what to do with it when the decided they no longer wanted it.
can they PROVE you had the stuff? ask them how much they are paying you for storage... or tell them an amount they owe you... ( I dont think i would worry about it ) except maybe the friendship part
I think that after so long if the stuff isn't claimed it belongs to you. Especially if they said they didn't want it.
Tell them to pay you for your labor. If they won't and they take you to court you have to provide proof you did all this (receipts,etc)...and you'll probably be able to win that way. If they gave it to you and now want it back..they aren't very good "friends." As someone stated..no written proof means your word against theirs.
ur friends are assholes cuz you pretty much got screwed over and all you'd have to do is go to court and pay but if you dont ur probably gonna go to jail!
(YOUR FRIENDS MUST NOT BE REAL FRIENDS CUZ YOU CAN TELL THEY JUS WANTED TO SEE IF YOU WOULD DO WHAT YOU DID AND IF YOU DID THEN THEY WOULD DO THIS!!!)
I believe there is a 6 month limit on personal property left in anothers possession unless there's something in writing. Could even be less.
yes they can take you to small claims court- you can go to court for anything in America. Don't worry because that won't help. Things that you can do to help- (1) don't contact the person who is taking you to court-even if they try to fight/talk don't do it (2) please look professional when you go to court . I don't know what the judge will rule...technically it is their stuff.
If they said they didn't want it then they have no grounds. The judge would probably find in your favor especially after such a long time but it will be a case of your word against theirs. Make sure that you have all of your facts in order and if you have witnesses that heard him say he didn't want the items or witnesses that can testify about how long you have had them then you have a pretty good case.
Yes they can take you to small claims court, but given that scenario, I doubt they would prevail. If they left the items with you for two years and you didn't have a storage contract with them, you merely consider the property as abandoned and as such, you had the right to dispose of, refinish and use or sell the property. If they take you to court, offer that they can have their stuff back after paying you a reasonable storage fee and reimburse you for your time and materials utilized in refinishing the items to a usable condition in a counter suit or you will take full ownership and both parties can stop their court action.
they gave it away.. i would have got them to do that in writing ;-)
its up to them to decide.. in ur favour u've had whatever it is for 2 years.. and they only showed interest when u fixed the problem with it..
They can probably take you to court
but I wouldn't say they would win,
You had it for two years if they wanted it they would have came and got it within 6 months.
You didn't move where they didn't know where you were ( or they couldn't have contacted you ).
They said they didn't want it any more,
so I think you would have every right to claim it.
( It would be better if someone else heard them say they didn't want it )
They only asked for it back after you had it refinished and they liked it then.
I think a judge will see if they wanted it they should have retrieved it two years ago.
Good Luck
I think you have a good chance beating this one.
have you been served with papers to appear in court?? if so, send the other party papers where you list the cost of rent for storing their items, then the cost of materials and labor for refinishing the items...make it just a bit more than they are asking...if no papers have been served but they are threatening to sue, tell them you will be countersuing for the above mentioned charges and see if their faces don't fall...or remind them they said they didn't want their stuff anymore and maybe it will drop at that
When you hold something for somebody else it is a bailment and your responsibility is very limited. I don't think you can bring a case to small claims court over one year old. You would have to check with your local court.
They would have to notify you in writing and give you at least thirty days to respond. If you do not respond they can bring you to small claims court. They would have to serve you and it would have to be in a local court.
Since it is your word against the others it would be hard to make a case. I think you would prevail.
You have the right to counter sue so you could claim your refinishing cost, and a reasonable storage charge. Sometimes after seeing the counter suit could prevail a plaintiff will drop the suit. If not you could also prevail and it could be a wash. It makes it easier on the judge or commissioner.
The answer is very simple.
They gave you the stuff. Once someone gives you something unconditionally, and you take possession of it, then they have absolutely no legal right to take it back. The law does not recognize "Indian givers."
If you're sued, bring your e-mails to court. I guarantee the judge will dismiss their case in a matter of seconds once he sees your evidence.
Yes,if he can prove ownership,BUT if that happens,you can charge him for storage.Two can play this game!
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