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
2007-08-07 07:05:19 · 28 answers · asked by ccj 1 in Politics & Government ➔ Law & Ethics
I haven't been served anything yet, but, probably will be. Also, I have ALL of the emails that was sent to me, stating didn't want anything back. They don't know where I moved to or have my new number, all they have is my email address, to get a hold of me.
2007-08-07 07:29:41 · update #1
also, live in Texas, if that helps
2007-08-07 07:34:14 · update #2
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.
2007-08-15 02:12:44 · answer #1 · answered by Anonymous · 0⤊ 0⤋
A small claims court docket or county court docket based the place you're isn't a criminal court docket that's civil, it has a tendency back into play while 2 events are in dispute some service, product or a great debt, the claimant will document a set against you and it will then be as much as the sitting choose having heard the two events back to a judgement if he nicely-knownshows against you he assist you to understand as to why and what the award would be, if he nicely-knownshows for you at that factor the difficulty would be over, even nevertheless the different individual might have a era wherein to charm the determination could he not be delighted with it
2016-10-09 10:20:08 · answer #2 · answered by ? 3 · 0⤊ 0⤋
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.
2007-08-07 07:30:30 · answer #3 · answered by Harv R 2 · 0⤊ 0⤋
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.
2007-08-07 07:12:19 · answer #4 · answered by Jim 5 · 0⤊ 0⤋
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.
2007-08-07 07:24:39 · answer #5 · answered by Bingo 5 · 0⤊ 0⤋
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
2007-08-07 07:25:45 · answer #6 · answered by booger0819 3 · 0⤊ 0⤋
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.
2007-08-07 07:12:02 · answer #7 · answered by saved_by_grace 7 · 0⤊ 0⤋
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.
2007-08-07 07:09:07 · answer #8 · answered by Rebecca 2 · 0⤊ 0⤋
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.
2007-08-07 07:08:32 · answer #9 · answered by Anonymous · 0⤊ 0⤋
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.
2007-08-07 07:08:56 · answer #10 · answered by Anonymous · 0⤊ 0⤋