I am going to assume that the items that you have that were his are not
titled (like a vehicle, or a jetski, etc). If so, then he has no course of action
, arguably. Allow me to explain why.
To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract
," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state because they all stem from the same common law. A pleading in Court needs at least one
cause of action, although it is not unusual to have more than one.
Here, the closest action he would have is (1) trespass to chattel
or (2) conversion
Trespass to chattel is when one intentionally interfered with another person's lawful possession
of a chattel (movable personal property).
Conversion is the unauthorized assumption or exercise of the right of ownership
over goods or personal chattels belonging to another to the exclusion of the other's rights. Carmichael v. Halstead Nursing Center, Ltd., 237 Kan. 495, Syl. ¶ 2, 701 P.2d 934 (1985)
HOWEVER, his actions are barred by statute of limitations
which mandate that they must be brought within a certain time of the act.
Either of the above must be brought within 2 years. n K.S.A. 60-513(a)(2)
. The time begins running even WHILE he was in jail, arguably.
As such, even if he COULD prove that he did not give these to you, at this point, arguably, he can no longer even pursue the matter.
Ergo, someone in your situation may wish to point this out to him in a letter and call it the end to this discussion. Let me know if you need a sample letter.
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