Will not return my personal property

What is the name of your state (only U.S. law)? New York

I have a family member who was holding some of my personal property for around 2-3 years and now will not return it . I had a friend who borrowed money from my family member and eventually defaulted on the loan . Both me and the indivdual signed promissory notes for the loan but my property was not collateral and furthermore they were holding my property t for a longtiime prior to this transaction happening

What do I do money is a factor so I do not want a legal battle do I go their with the police

I have not done anything yet so this will be my first step

Thank YOu

Why did your relative have your property for so long?

What exactly (what property) are we talking about?

Do you have any proof the property was not abandoned or able to be considered abandoned and thus disposed of legally by your relative?

Cdoggs said:

What do I do money is a factor so I do not want a legal battle do I go there with the police?

Click to expand...

No, that won't work. The cops will not and cannot help you. They are not going stick their neck out by barging into someone’s home and decide who owns what.

Your legal recourse is to file an action against this person in replevin/claim and delivery and secure a civil court order for the return of the goods, or a money judgment for their value. Which you can file in small claims court at little cost.

But if you intend to do so, you need to get moving on it! Because in your state the statute of limitations for replevin of chattels is three (3) years * and you are talking "2-3 years". On this issue raised of you having possibly “abandoned” the goods:

If you take the relative to court over your right to the possession of the goods and he or she wishes to claim “abandonment” as a defense, then let them prove that you have some how clearly manifested your intention to permanently relinquish any claim to the items.

Because that is what they would have to show. And your rebuttal to such a defense would be the numerous demands you have made upon for their return.

What you might do before going deciding on the a civil action is to pay an attorney to write a letter telling this person that unless the goods are returned post haste you will see him or her in court.

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[*] (See: NY CVP - Civil Practice Law and Rules Article 2 - LIMITATIONS OF TIME - Section 214(1)