My Neighbor

[Hcarreon]

Jurisdiction

Texas

I lent my neighbor my moms wheelchair about 2 months ago, I've asked for it back several times and all I get is a bunch of excuses, last night she said she had left it at my daughters patio. That was a lie, I want some info on what to do. Thanks Hilda.

 

[army judge]

I lent my neighbor my moms wheelchair about 2 months ago, I've asked for it back several times and all I get is a bunch of excuses, last night she said she had left it at my daughters patio. That was a lie, I want some info on what to do. Thanks Hilda.

Your only remedy is to assist your mother with a small claims lawsuit.
You won't likely see the chair again.
If you prevail in court, you can get the value of the chair less depreciation for age.

For example, if she bought the chair three years ago for $1,000, she might recover $700 via the court.

The problem then becomes you have to collect on that judgment from a deadbeat thief.

If I were you, I'd simply forget about the chair and the thief.
Then I'd obtain a replacement chair to make sure my mother had what she needs for her health and living issues.

 

[Michael Wechsler]

I lent my neighbor my moms wheelchair about 2 months ago, I've asked for it back several times and all I get is a bunch of excuses, last night she said she had left it at my daughters patio. That was a lie, I want some info on what to do. Thanks Hilda.

Sorry to hear about your problem. At the very least, you may want to send a certified letter to the neighbor with a demand for the value of the chair. You may want to state that allegedly leaving the chair on a patio is clearly unacceptable and is an admission that, at the very least, the chair was not securely returned. As a result they must pay the amount of $X no later than a certain date, usually within 2-4 weeks from the date of the letter although none of this is set in stone. The reason is because you must make a formal demand for the money before proceeding to small claims court and a written letter, certified or proof of sending, is the best way to establish your formal demand.

@army judge may be right about the collections issue. But it does happen that formal demand letters and filing in small claims court can make the neighbor wake up about needing to do the right thing. As this is a public record, the neighbor will be on record as the defendant for a lawsuit. And if you file a lien, they could have more problems as that too is a public record. Good luck.