QUESTION
If you lend something to a friend, but never signed anything, and have a fallout do they have to give your your items back?
Asked on Jul 23rd, 2012 on General Practice - New York
More details to this question:
A friend of mine has 4 kids & she and her husband split up. She told me he took the table so she didn''t have one for her & her kids. I had just been given a family handed down dinning room set so I asked her if she wanted to use mine until she could get one. I was going to give it to my daughter but she didn''t need it yet.
My friend was very thankful & even though the table was way too big for her place she took it and used it anyway. I never made her sign anything.
Then we had a big falling out & she is no longer speaking to me. She has a new boyfriend & moved her & her children into his home. She no longer needs my table & chairs. I have asked her for them back & I also had someone who is a friend of both of us ask her to give them back to me. Then she said she still needed it. I know she doesn''t.
NOW I just saw on Craigslist that she is selling my tables and 6 chairs that are worth over $1,500 for $240!
Does she have to give them back to me? If so how do I get them? Thank you!
1 ANSWER
If you loaned the furniture to your friend, she has to return it. The fact that there was no writing does not mean that it was not a loan, it just affects your ability to prove it. In other words, your friend might claim that it was not a loan, but a gift, or even that you sold it to her and she paid you. Since there is no writing, and I assume no other evidence (such as a witness), it would be her word against yours, and it is possible that the judge and/or jury will believe her.
Answered on Jul 25th, 2012 at 6:13 PM