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kdenton65

Person refuses to return borrowed property

4 posts in this topic

I made friends with a woman just last year. She was in bad financial shape and I would help her out with certain things if I could. I bought a new laptop for my daughter, but she wasn't able to put it to use because she lived in a house with no internet access. Since I was making monthly payments on it and it was just sitting in my house unused, I let my friend borrow it because she could really use it. I told her I would let her borrow it until - 1)She was able to purchase one of her own, or 2)She would return it before she moved back to California in June 2017, or 3)My daughter was able to use it and wanted it back. My daughter contacted her last Friday and told her she was coming to her house to get her laptop. The woman told her that I gave her the laptop as a gift and not to come there or she would have her arrested. I went with her to the house and was met with her sister who refused to let us collect the laptop and told us to leave before she called the police. She even threatened to shoot my 5 months pregnant daughter if she did not leave. I tried to talk calmly and sensibly to the sister, and was told that the laptop was in storage and we agreed that I would retrieve it the next day. I tried to get in touch with my "friend" about coming out and getting the laptop and we could be done with it. I received no reply. I contacted her son and asked him to talk to his mom about coming to collect, but he didn't return my message. I did a device search of the computer and it reported that the laptop had been online just 1 hour before and it showed the location on a map. The location was her sister's house. I sent her an email telling her I knew she had the laptop in her possession and had been used that morning, and I included a screenshot of the location finder and the information it gave. I told her again to return my laptop - the time for civility had passed. Still no reply. I wanted to report it as stolen to the sheriff's office, and was told I couldn't because I had willfully loaned it to her. Now I guess my only alternative is to file a civil suit. What I want to know is what are my rights in this situation? Will taking it to court do any good or am I spending more money in court fees on top of the money I am out on the computer?

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As you said, your only alternative is to take the issue to court.  It sounds as if you have a good case but no one here can definitely predict the outcome of the case.  File a claim for detinue (unlawful possession of personal property or its value.)

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10 hours ago, kdenton65 said:

Now I guess my only alternative is to file a civil suit. What I want to know is what are my rights in this situation?

 

The right to file a civil suit for the return of your property.

 

10 hours ago, kdenton65 said:

Will taking it to court do any good or am I spending more money in court fees on top of the money I am out on the computer?

 

Of course you will spend money on court fees and process service. Whether it will do you any good is anybody's guess. Sometimes when people get sued they get scared enough to do the right thing. Although that doesn't often work with low life like the person you are apparently dealing with.

 

Texas small claims rules allow for a lawsuit for the recovery of property. See Rule 500.3(a) at:

 

https://www.dallascounty.org/Assets/uploads/docs/jpcourts/2-2/TexasRulesofCivilProcedure_PartV_JusticeCourt.pdf

 

 

 

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14 hours ago, kdenton65 said:

What I want to know is what are my rights in this situation?

 

Like anyone else, you have dozens of legal rights, and it would serve no useful purpose to try and list them all.

 

 

14 hours ago, kdenton65 said:

Will taking it to court do any good or am I spending more money in court fees on top of the money I am out on the computer?

 

We have no way of predicting how the case will turn out if you sue her, but you obviously will get nothing if you don't try.  Why wouldn't you try.

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