Loaned something to a friend and her husband gave it away

[S_D_Columbus]

Georgia

A couple of years ago my friend and her church were in need of an electronic keyboard. My parent's church had 2 that they did not need at the time (keyboard and accessories cost $3500.00 when they were new) and since she was practically family offered to loan it to her. Unfortunately her husband decided to "loan" it to someone else without discussing it with his wife, me or anyone from the church which it belonged to. My understanding is that since he did not have permission from anybody to take/use it, let alone give it away, that he assumed responsibility.

Every few months or so she or I would ask him to try to get it back and he would cheerfully agree to get it. It has now been 2 years. I was helping my friend move out (they are now separated) and he was there. Yet again he stated he would get it back (with several witnesses) and apologized for taking so long. I texted him 2 weeks before I would be driving through the town he lives in to give him a chance to get it in time to have me pick it up and again a week before to see if there was any news. There are many excuses why he can't get a hold of the guy. We set a deadline of mid-December to get it back by or we might have to get the court involved. Every week or two I'll send him another text asking if there's any new news (which he may or may not respond to) and more excuses.

Now he is claiming that it was given (not loaned) to both of them (which it wasn't) and that I am harassing and threatening him by asking him about it. I have kept all of our correspondence since we started texting and we have never spoken over the phone. I hate having to go the legal route, but at this point I think it's time for him to take responsibility and I really am not interested on making it easier for him than I already have. What would be the best course of action? Do I need to get the church it belongs to involved or can I take care of it myself (which I would prefer to avoid extra drama if possible)? Is it simply small claims issue or can we call it theft? He lives in one city the church in another, I had to move to a third City and his wife has since moved to Utah so where should we file it?

Thanks for your help

 

[Mass_Shyster]

My parent's church had 2 that they did not need at the time (keyboard and accessories cost $3500.00 when they were new) and since she was practically family offered to loan it to her.

The legal recourse is for the church to sue the woman who borrowed the keyboard. She, in turn, can sue her ex.

 

[S_D_Columbus]

The legal recourse is for the church to sue the woman who borrowed the keyboard. She, in turn, can sue her ex.

Thanks, but does it matter if they are still married, just separated? I would like to avoid taking her to court since he took it without her knowledge/permission (and she's the one who is supporting 2 kids in hardly any income).

 

[BL]

Thanks, but does it matter if they are still married, just separated? I would like to avoid taking her to court since he took it without her knowledge/permission (and she's the one who is supporting 2 kids in hardly any income).

You loaned it to her.She has to take care of it and return it to you in the contition it was in at the time you loaned it to her.

You received the correct answer.She is responsible.

Emotions,hardships,etc. have no bearing in Legal Court of claims.

 

[justalayman]

Thanks, but does it matter if they are still married, just separated? I would like to avoid taking her to court since he took it without her knowledge/permission (and she's the one who is supporting 2 kids in hardly any income).

She is the one that is liable to the church for the organ. Her husband would be liable to her for that damages he caused her. He damaged her, not the church. She has damaged the church by failing to return the organ.

the marriage doesn't matter

 

[S_D_Columbus]

Does the church need to take action against her first, then her to the husband, and then the husband to whomever he gave it to or can he go after the recipient or her the husband first? It seems that if he is willing/able to go first it could be less stressful for everyone involved and he can simply give the winnings back to the church. Any other suggestions on streamlining the process?

 

[jiggy78]

"The legal recourse is for the church to sue the woman who borrowed the keyboard. She, in turn, can sue her ex."

"He damaged her, not the church. She has damaged the church by failing to return the organ."

What part of the above is not entirely clear to you?

 

[BL]

Does the church need to take action against her first, then her to the husband, and then the husband to whomever he gave it to or can he go after the recipient or her the husband first? It seems that if he is willing/able to go first it could be less stressful for everyone involved and he can simply give the winnings back to the church. Any other suggestions on streamlining the process?

You were given the correct Legal Advice and answers.

There is no way around it.

If the church wants to sue ,she would be the defendant.

 

[Mass_Shyster]

Does the church need to take action against her first, then her to the husband, and then the husband to whomever he gave it to or can he go after the recipient or her the husband first? It seems that if he is willing/able to go first it could be less stressful for everyone involved and he can simply give the winnings back to the church. Any other suggestions on streamlining the process?

This can be done in any order. EX Can sue borrower from ex.
Wife can sue ex (borrower from wife)
Church can sue wife (borrower from church)

I was merely pointing out that since you have no possessory interest in the organ, you have no standing to sue.