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borrowing a construction vehicle without permission on my property

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schufoo

Junior Member
What is the name of your state (only U.S. law)? Tennessee

A man was hired to do work on my property and did not show up for 10 days. I called his wife and she said he was too sick to come to the telephone and talk. I needed some heavy bushes moved to the edge of the property (part of the work this man was hired to do) for work to continue by others, so I drove the man's Bobcat (without his permission) for 1/10 of an hour to move the bushes to the edge of my property. When he returned to my property he acknowledged that no damage was done to the machine, but he was very angry that I drove his machine. I put nearly 2 gallons of diesel in the machine and paid him for 1/2 hour of usage on the machine. He is suing me in civil court for driving his machine without permission. Is what I did against the law?

Incidently he was so angry that he left without completing work for which he had already been paid. I have pictures of the uncompleted work.
 


JETX

Senior Member
Is what I did against the law?
Yes. Using someone else's property without their permission is theft, even if it is on your own property.
Technically, he could file a criminal complaint.

Tennessee Code:
39-14-103. Theft of property. —
A person commits theft of property if, with intent to deprive the owner of property, the person knowingly obtains or exercises control over the property without the owner's effective consent.

39-14-106. Unauthorized use of automobiles and other vehicles — Joyriding. —
A person commits a Class A misdemeanor who takes another's automobile, airplane, motorcycle, bicycle, boat or other vehicle without the consent of the owner and the person does not have the intent to deprive the owner thereof.


Incidently he was so angry that he left without completing work for which he had already been paid. I have pictures of the uncompleted work.
Then you might consider filing a counter-complaint.
 

schufoo

Junior Member
He has filed a civil complaint

Jetx,

Thank you so much for your response. Let me explain a little more than I did before. The police officer that called for my address told me that he did not believe the police would pursue any type of criminal complaint as he did not feel it was warranted. The construction vehicle owner filed the complaint in civil court. I have never been involved in a court proceeding beyond a mistakenly expired car registration tag, so I am unclear as to what he might be seeking in civil court or how I am to proceed other than I have a letter that says a sheriff will deliver a court summons. Can you provide me with any information or suggest what I need to prepare in order to go to court with "all my ducks in order"?

Thank you to you and anyone else for your kind help.
 

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