Have Legal Questions? Ask a Lawyer Now.
I suggest you will need to write a letter to the new owner, detailing and explaining the situation and what the previous owner had told you. IN your letter state that you want your equipment or you will have no other recourse but to bring this to small claims court for the value
you will need to get a letter from the previous owner, signed in front a of Notary
I only ever had a verbal agreement and always had the manager speak on the old owner's behalf.
stating that your equipment was still there and that you could get it in a couple of weeks
That is alright, if it was only verbal
I am talking about getting it back
or the money for its value
New owner stated that he spoke to an attorney when I stated I'd have to file a police report and the attny said it was "abandonment"
The letter must be mailed certified with a return receipt requested
It is not abandonment, unless the new owner contacted you
in writing and told you to come get it
If that never happened, then it is yours and he needs to get it returned or pay you for it
But you will need the former owner to testify for you
either in an Affidavit
or when you take the matter to small claims court
ok....I met the old owner during all this...nice guy....felt bad.....you've given me hope....
You can put in your letter that you were never notified
and that it is not abandonment
Small claims used to be around 250 to file...is that still the avg cost for me to file?
It is about that, depending on your county
You can get all that information from the clerk of the court
as well as the forms
You also can request the filing fee
That is why it is important to send the certified letter
so you can show the court you tried to settle
and were forced to bring it to court
The manager and old owner saw what I had and an est of equip new was $2000. Do I estimate cost as used now or original cost....also I only have witnesses no ID's of equipment, like my steamer, table, etc...
Used value if it more than a year old
If you have further questions, you may post them here and i will continue to assist. Otherwise, even if you have a subscription with JA please remember to ACCEPT my answer as that is the only way I can get credit for my time and information in this matter. Thank you and Good luck
Thank you so very much Sam.....you've given me my sanity back.....:)
Good luck with it all. Certified letter return receipt requested.
Educator, Esq: Follow up question: Is the following
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).