I have a quick legal question. Someone borrowed something from me that has great sentimental value but very little monetary value. It’s been well over a year and I’d like it back, except when I ask for it she refuses to even talk to me. She has admitted that she still has it though (I have proof of this if need be).
So my question is, what are my legal options to get it back? Is borrowing something and not returning it theft, and as such can I press criminal charges? Or do I have to take it to civil court? Anybody down with the law?
Not a lawyer, but there is also the issue of “intrinsic value”, which insurance companies recognize (replacement of a like item may only cost $12, but your g-g-grandmother made this one and it’s one of a kind, so it’s value is considerably more). You may have to find comparables in order to defend that stance, however.
Your best option is to talk to a lawyer familiar with the laws of your state. If that’s going to be too expensive, you may want to call your local small claims court and ask them how you might sue for the return of your item. They should be able to tell you if small claims is an appropriate avenue for you, and help you file a complaint if it is.
This post is not intended to provide reliable legal advice. I am not your lawyer and you are not my client. If you follow this advice and get screwed, don’t come running to me.
Personally I’d send her a certified letter requesting return of the item by a particular date before initiating any more formal legal action. I wouldn’t even mention legal action in the letter, just “You have my Very Special Gewgaw and have had it in your possession for over a year. I require it be returned by (date).” Keep a copy. If she returns the gewgaw, great. If not, that’s the time to involve lawyers if you feel the need. Small claims is probably not the right venue. What you’re looking for is a court order for the return of the item plus costs of filing the action.