I left my belongings with my brother about 9 months ago (e.g. musical instruments, clothes, CD's etc...) so I can move to another state with a verbal agreement that I would make arrangements to have them shipped once I was settled. Come to find out that he sold my belongings in a yard sale without my permission. What kind of case would I have in small claims court to get reimbursed for my possessions and what kind of evidence would the judge need from me?
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My belongings were sold w/out my permission; can I take it to Small Claims
- Thread Starter william71
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CdwJava
Moderator
You'd have to show by preponderance of the evidence that the property was yours (by use of receipts, statements, admission by your brother), and that he sold the property without your permission and with no lawful authority to do so.
Now, if he notified you of the sale and met whatever legal requirements your state has for the disposal of abandoned property, then he might be in the clear. Note that if you have moved to another state, you will have to return to HIS state to take up the small claims action.
Did he ever notify you that he intended to sell the items?
- Carl
Now, if he notified you of the sale and met whatever legal requirements your state has for the disposal of abandoned property, then he might be in the clear. Note that if you have moved to another state, you will have to return to HIS state to take up the small claims action.
Did he ever notify you that he intended to sell the items?
- Carl
NO, he never notified me that he was going to sell my belongings. I would have immediately took action he would have. I guess the problem I face Carl is I don't have receipts for my property. There things (e.g. clothing, music) that I've had for at least a year and one doesn't usually keep receipts for the clothes you buy, unless you intend on taking it back. I basically went on good faith that my brother would have enough sense to call me before he did something like that. What are the legal guidelines for items that become 'abandoned'?
CdwJava
Moderator
Different states will have different guidelines for abandoned or unclaimed property. Assuming your brother knew how to get a hold of you, I suspect that he had a legal obligation to notify you at least 30 days prior to disposing of the property.
It will be hard to prove beyond all doubt that the property was yours, but what you CAN do is come up with a list of the items and a description, compile an approximate value of the item(s) on the list and then make a demand to your brother (in writing) for compensation to the tune of the value of the property. If he rejects that claim in whole or part, you should have grounds to take him to small claims court.
If you have friends that can verify your possession and ownership of key items, that will help. If your brother acknowledges the items, that will help even more.
Has he told you why he sold your stuff?
- Carl
It will be hard to prove beyond all doubt that the property was yours, but what you CAN do is come up with a list of the items and a description, compile an approximate value of the item(s) on the list and then make a demand to your brother (in writing) for compensation to the tune of the value of the property. If he rejects that claim in whole or part, you should have grounds to take him to small claims court.
If you have friends that can verify your possession and ownership of key items, that will help. If your brother acknowledges the items, that will help even more.
Has he told you why he sold your stuff?
- Carl
- Status
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