Two years ago my brother had a friend staying with him. His friend went to jail and left his stuff behind. An attempt was made to his family to pick the belongings up. No one responded. When my brother moved out the stuff was thrown away. Two days ago his friend calls wanting his things back or he will file a lawsuit. We told him that the things were gone and we tried to tell his family to pick his things up. Can this person file a lawsuit or was his stuff abandoned?
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Abandoned property
- Thread Starter skulblaka
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fredrikklaw
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Lawsuit indeed!
He doesn't have a leg to stand on; he has no case or claims and tell your brother not to worry about a lawsuit.
Even counting for a scenario in which your brother was the LANDLORD when this individual went to Hotel Sing-Sing, his duty would have been limited to packing and storing the departed person's property for a period of one year, after which the property becomes fair game to be auctioned or destroyed or claimed by the landlord for unpaid rents or other claims he may have against the person.
However, if this person is stupid enough to start some sort of a legal action which will be limited to small claims court, then your brother should put in a counter claim for storage for the entire period he was minding the property, and that should make short work of that law suit. But the chances are that nothing will happen and the jail-bird is chirping up the wrong tree.
fredrikklaw
He doesn't have a leg to stand on; he has no case or claims and tell your brother not to worry about a lawsuit.
Even counting for a scenario in which your brother was the LANDLORD when this individual went to Hotel Sing-Sing, his duty would have been limited to packing and storing the departed person's property for a period of one year, after which the property becomes fair game to be auctioned or destroyed or claimed by the landlord for unpaid rents or other claims he may have against the person.
However, if this person is stupid enough to start some sort of a legal action which will be limited to small claims court, then your brother should put in a counter claim for storage for the entire period he was minding the property, and that should make short work of that law suit. But the chances are that nothing will happen and the jail-bird is chirping up the wrong tree.
fredrikklaw
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