Hi,

My son, who was twenty-four at the time and who had been in a very solid (or so we thought) relationship for three years, lent my commercial ($4500) lawn mower to her parents. A few months later, they split up and now her parents will not return my mower claiming that he owes them money for all that they did for him during the relationship. For the record, he also did a great deal for them like lending them the mower, painting their house, etc. He is a very responsible guy.

This all took place in upstate New York. What are my options. I have a bill of sale from the equipment dealer, and a letter from them stating that they have the mower and refuse to give it back. I have sent them a registered letter telling them that any issues that they have with my son need to be resolved with him and not by taking my property.

What are my options?

Thanks,

WayneV

You and your son take them to district (small claims) court.
Take the bill of sale, a list of everything your son did for them with a dollar amount next to it and the letter from them acknowledging they have the lawnmower.
More than most likely the Judge will say that what your son owes is a separate issue between them and they have to return it.

Welcome to AMHD. Sounds as though you are in pretty good shape. I believe it is correct to write a demand letter, giving them 10 days, prior to filing suit for trover. A visit to your small claims court may be beneficial. Check this: Trover legal definition of Trover. Trover synonyms by the Free Online Law Dictionary. (http://legal-dictionary.thefreedictionary.com/Trover)

Hi,

My son, who was twenty-four at the time and who had been in a very solid (or so we thought) relationship for three years, lent my commercial ($4500) lawn mower to her parents. A few months later, they split up and now her parents will not return my mower claiming that he owes them money for all that they did for him during the relationship. For the record, he also did a great deal for them like lending them the mower, painting their house, etc. He is a very responsible guy.

This all took place in upstate New York. What are my options. I have a bill of sale from the equipment dealer, and a letter from them stating that they have the mower and refuse to give it back. I have sent them a registered letter telling them that any issues that they have with my son need to be resolved with him and not by taking my property.

What are my options?

Thanks,

WayneV


It's a Small Claims Court matter - are they aware it's your mower and not your son's to lend - or give? You've already notified them by registered mail so go down and file.

They will probably respond by filing a separate action against your son for the money he owes them (or doesn't owe them) but that's separate from your action, not a counterclaim.

Has your son considered paying them and getting your tractor out of this hostage situation?

If you win in Small Claims Court you will only be awarded the current value of the mower, of course - unless the Judge orders that it be returned to you, but I don't see a lot of that. I usually see cash Judgments.