QUESTION

we were given a gift and then without our knowledge was taken back and sold, can I sue in small claims to get it back?

Asked on May 03rd, 2017 on General Practice - Indiana
More details to this question:
was given a golf cart, then was taken to their home over the winter for safe keeping, they said, and I have text messages that they were to bring it back in the spring. Now we have found out it was sold.
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1 ANSWER

Appellate Practice Attorney serving New York, NY
You can sue the people who sold the cart for the damages  you suffered rom their conversion (theft), i.e. the value of the cart, but have no claim to recover the cart from the purchasers unless the purchasers knew, or had reason to know, that the cart did not belong to the sellers.  Absent such knowledge, the purchasers are what is known as "bona fide purchasers for value", against whom you would not have a valid claim.
Answered on May 03rd, 2017 at 2:21 PM

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