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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 27621
Experience:  Attorney with experience in family law.
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Loaned my snowblower to my wifes daughter and her husband

Customer Question

Loaned my snowblower to my wifes daughter and her husband several years ago. Asked daughter if they were still in need of it. She told me her husband broke the handle and he would fix it. My wife and I just found out they are moving in days to nc. Have been calling and sent a letter with no reply. I went to home. Did not see the snowblower. Went to daughters workplace. See said she did not know where it was and she would have her husband contact me. Me and my wife have recieved no contact and they are leaving in 2 days!
Submitted: 1 year ago.
Category: Family Law
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is ***** ***** I'd be happy to answer your questions today. I'm sorry to hear that this happened.
The statute of limitations to recover property from someone in New York is unfortunately only 3 years. If you loaned it to them several years ago and never asked for it back until recently, a judge is most likely going to find that it was a gift or abandoned and that you therefore do not have a right to get it back (or to get the value).
To recover against them, you'll have to prove that you had an agreement that they would return the snow blower at some point within the past three years. The best way to do that is if you have emails or texts. If your wife's daughter's statement that her husband was fixing the handle was made within that time period, that might be used as proof that they acknowledged needing to return the snow blower.
You're unfortunately not going to be able to get a trial within the next two days. You can sue in New York and seek to enforce a judgment against them in North Carolina - a judge would give you the value of the snow blower.
It is possible to go to the district court and file a Request for Temporary Injunction, asking the judge to prohibit them from taking the snow blower out of the state. But that's something that you would need to file today so you could serve it on them tomorrow, and if they don't actually have the snow blower any more, it might not help you. The other problem is, to get an injunction, you have to be able to show the judge that you will be irreparably harmed if they're allowed to take it with them. That means convincing him that you won't be able to recover money from them after they move. A local attorney may be able to help you get an injunction, but will likely cost more than the snow blower. So it may be better to look at samples online or visit a law library for help.
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