A**hat won't return my belongings

[camills84]

Long story short, my dry cleaners mistakenly gave my comforter and its cover to another person. After realizing their mistake they called the guy and he said he would bring it in. He never did. So they gave me his number and he said he had it and we were supposed to meet up a few weeks ago to hand it off. Well the guy never answers his phone to coordinate the location and he hasn't since. This prick obviously either wants to keep my property or gave it away already. I gave him until Monday to contact me and get it returned and then I'm pursuing further action. The cover alone was about $800, so it's nice. I won't tolerate being taken advantage of or being messed with in regards to my property, so I want to take further action and make his boots shake. So what's the next course of action? Go to the cops? Or find a lawyer? The cleaners already offered to pay me the cost of the items but I would only take that as a last resort. This guy is knowingly in possession of my property and refuses to cooperate, I've heard civil theft law could work in my favor with a lawyer. However he's also a thief and therefore would think to pursue the cop route. I don't know where to go from here but I do know that I'm not content to chalk it up to life because I should have rights to get my property back. Help!

 

[Proserpina]

Please conduct yourself with a little more decorum on this forum (hey, that rhymes!).

Honestly? The dry cleaners is offering to reimburse you. Take their offer. By all means make a police report if you still wish to do so.

 

[army judge]

Long story short, my dry cleaners mistakenly gave my comforter and its cover to another person. After realizing their mistake they called the guy and he said he would bring it in. He never did. So they gave me his number and he said he had it and we were supposed to meet up a few weeks ago to hand it off. Well the guy never answers his phone to coordinate the location and he hasn't since. This prick obviously either wants to keep my property or gave it away already. I gave him until Monday to contact me and get it returned and then I'm pursuing further action. The cover alone was about $800, so it's nice. I won't tolerate being taken advantage of or being messed with in regards to my property, so I want to take further action and make his boots shake. So what's the next course of action? Go to the cops? Or find a lawyer? The cleaners already offered to pay me the cost of the items but I would only take that as a last resort. This guy is knowingly in possession of my property and refuses to cooperate, I've heard civil theft law could work in my favor with a lawyer. However he's also a thief and therefore would think to pursue the cop route. I don't know where to go from here but I do know that I'm not content to chalk it up to life because I should have rights to get my property back. Help!

Your cause of action lies against the dry cleaner, or at least it did until you agreed to pursue the retrieval of your property, rather than require the dry cleaner to do so, or reimburse you for your loss.

When you gave the cleaners your property, a bailment was created. It was a bailment which required the cleaners to take the utmost care of the property. You contracted with them to clean and return your property upon you paying for the service.

When the cleaner ALLEGEDLY gave your property to Donald Duck, they were on the hook to reimburse you for it's value, or retrieve it from Mr. Duck! You didn't have to allow them time to retrieve it, but failing to do so might have been foolish. Nevertheless, you agreed to do what you had paid them to do, clean and safely keep your property until you returned to claim same.

I suggest you return to the cleaners and request they produce your property within 48 hours. Make sure you do this in writing and orally. If after 48 hours has elapsed, and you still don't have your property, simply institute a small claims lawsuit for the value of the property that remains unreturned to you. You can also request reimbursement in your lawsuit for court costs and service of process.

There is no way for you to know if the cleaners destroyed it in cleaning, or inadvertently, negligently gave your property to Donald Duck. It doesn't matter, because if the cleaners persist in this idiotic tale, you'll prevail in small claims.

Google "small claims FLORIDA (YOUR COUNTY)". The forms can be downloaded easily in your technologically advanced state. Good luck, I hate to say it, but you've got a winner! Don't blow it chasing the GREAT WHITE COMFORTER, MOBY QUACK!!