Can I File For Material Things

[ubrowne]

What is the name of your state (only U.S. law)? New York
My mother passed away of cancer in January 2008. Her youngest sister and i were extremely close. When we planned the funeral we had a slideshow of her pictures from her youth to the day she died. My aunt was the one who contacted the technician so he returned the pictures to her. However, between that time and August 2008 we havent been on the best of terms and she has told me that she will not return the pictures to me. I wouldnt make a big deal about it but those are the ONLY pictures i have left of my mom and i never told her that she could keep them. Can i file a suit to get them back and if so then how to start the process?

 

[tranquility]

Small claim court doesn't usually allow for anything but money damages. You are looking for a more-specific remedy the court must oversee. I think you need to file in regular court to get the photographs back.

This is more expensive and often has proceedures which are technical and difficult for a person to handle, meaning you would probably need to hire an attorney to be successful. While you would probably win a lawsuit on the matter, this is a time where no one is going to "win" here.

Try to make a deal. Give a gift, try to buy them back, crawl on your belly like a reptile or do whatever you can to convince your aunt to give you back your pictures.

I already hear the argument before it leaves you lips. Fine. Let's assume she is totally in the wrong and only a fool would give that woman anything for her bad behavior...and so on and so forth. So what? It will cost you hundreds, no thousands, and a lot of embarrassment, hassle and acrimony in the family to get them back legally. Or, you can take the hit on pride a little. Your choice.

I believe you. You are right. But, your goal is getting the pictures back, not winning. If you try to win, you won't.