Being sued over receiving gift

[Unlimitedor]

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

I received a snowmobile trailer for free from from a woman that had it sitting on her property for 7+ years and wanted it removed. I was never contacted by the owner of the trailer which is the womans son and i just received a summons i am being sued for $500. How do i stand in this matter if the trailer was abandoned on the womans property is it considered hers? She told me i could have it as a gift so if i have her sign a paper stated i got it from her would the case get dropped?

Thanks for the advise in adavance

 

[xylene]

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

I received a snowmobile trailer for free from from a woman that had it sitting on her property for 7+ years and wanted it removed. I was never contacted by the owner of the trailer which is the womans son and i just received a summons i am being sued for $500. How do i stand in this matter if the trailer was abandoned on the womans property is it considered hers? She told me i could have it as a gift so if i have her sign a paper stated i got it from her would the case get dropped?

Thanks for the advise in adavance

Does he want the stolen trailer back?

Are the police involved?

 

[Unlimitedor]

in the breif statement on my summons it states he contacted the police about it and they told him that since he tryed contacting me and asking for it back its considered giving permission to use it. I have since sold the trailer

Also i am currently collecting unemployment benfits. I was told that you can not sue some one while they are collecting benfits is this true?

 

[LdiJ]

in the breif statement on my summons it states he contacted the police about it and they told him that since he tryed contacting me and asking for it back its considered giving permission to use it. I have since sold the trailer

Also i am currently collecting unemployment benfits. I was told that you can not sue some one while they are collecting benfits is this true?

That is unlikely to be true. However, it may be true that your state law would not permit a garnishment from your unemployment income for a non-government debt.

 

[sandyclaus]

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

I received a snowmobile trailer for free from from a woman that had it sitting on her property for 7+ years and wanted it removed. I was never contacted by the owner of the trailer which is the womans son and i just received a summons i am being sued for $500. How do i stand in this matter if the trailer was abandoned on the womans property is it considered hers? She told me i could have it as a gift so if i have her sign a paper stated i got it from her would the case get dropped?

Thanks for the advise in adavance

It's very possible that if the woman did not follow the proper procedures for dealing with abandoned property, that she may not legally have had the right to just give the trailer to you.

According to the laws on abandoned property that I found, if the property remains abandoned for a year or more, then it must be sold at public auction by the local sheriff or constable, and the proceeds turned over to the treasurer or his/her own county (less any charges for the auction and/or sheriff/constable fees).

The fact that the mom didn't sell it, but gave it away instead, doesn't remove her liability to follow the proper laws to get rid of the property. It just means that she effectively STOLE the item as her own and transferred her improper ownership over to you. (This assumes that the trailer actually BELONGED to the son.)

That being said, as the receiver of stolen goods, yes, you CAN be held liable for the cost of the item if not returned to it's rightful owner. What can be challenged, however, is the actual VALUE of that item. If the trailer had sat on Mom's property for 7+ years, how old WAS the item? You would only be liable for the DEPRECIATED value of the trailer, and NOT the replacement value. Depending on when it was originally purchased, it might not even have been worth $500 anymore.

 

[CSO286]

Also i am currently collecting unemployment benfits. I was told that you can not sue some one while they are collecting benfits is this true?

This is not true.

You can be sued anytime, really, by anyone.

What remedies they may have available to collect from you if they win, might be limited depending on your source of income.

 

[!CuriousGeorge!]

Given the circumstances, if you have the trailer, the judge may just order that you allow him to pick it up. If his mother doesn't want it on her property anymore then that's his problem.

 

[Zigner]

Given the circumstances, if you have the trailer, the judge may just order that you allow him to pick it up. If his mother doesn't want it on her property anymore then that's his problem.

Yet again - non-sense for our village monkey. Did you READ the thread?