Issue link: https://read.dmtmag.com/i/715740
Legal Lane By Jim Klepper, Attorney at Law 26 // COMPANY DRIVER // SEPTEMBER 2016 I WILL SUE YOU…. M y friend borrowed a trailer from me and is refusing to give it back. He has had the trailer since last summer and says I sold it to him, but I did not. If I did sell it as he claims, he has never paid me anything for it, and my son now needs it. I need your help to decide what I can do to get back something a friend took from me; can I call the cops, can I just go get it, or should I sue him? Should you call the cops? You may if you want but they are unlikely to spend much time on your trailer when they need to be is- suing speeding tickets or chasing bad guys. Keep in mind they will file a report, but un- less you have proof to show them, they will treat this as what you say versus what your friend says. They are not there to determine who the owner is — that is up to the courts. They just want to prevent crime and keep the peace. So before you call them, have some- one with you who can vouch for you telling the truth. Should you just go get it? Not such a good idea, as he may call the cops saying you stole his property, plus there is the issue that you are trespassing on his property. And of course, he might just be there and there could be a fight, which could do harm to you or him physical- ly. A fight would be a whole other claim, and for sure the cops would get involved. Should you sue him to get the trailer? This way can be expensive and time consuming, but there are a few things you should con- sider. First, have you tried to reason with or com- promise on the trailer? Does he have a receipt for his paying you? Is this trailer special and only it will work for your son, or is this really about money? Is this really a dispute over the amount of money you say he owes for the trailer? Before you sue him, you will want to make a final demand for either payment or return of the trailer, and make it in writing mailed to his address sent by certified mail with a return receipt so you have proof. Second, if you sue him, do you have a good case? What I mean is can you prove the trailer was yours before he got it? Do you have a re- ceipt for purchase or have someone who will vouch for you that it was your trailer first? What will be you cause of action against your friend? Will it be theft — that he stole it from you? It may be conversion, which occurs when someone wrongfully uses the property of another for their own purposes. But what if he has people who will vouch for him that you gave/sold him the trailer? Third, if you win the lawsuit, will you be able to collect either the trailer or the money? If he no longer has the trailer or the money to pay, then you have to really consider if you want to spend the time and money to sue him. Your lawyer can tell you if you can even sue