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My Father's Property

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compfixette

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

Over a year ago (about August 2007) my sister borrowed many family pictures, some of them actually heirlooms and 120 years old, from our dad. My dad has requested them back in writing, twice, and gotten no reply from her. I sent her an e-mail and told her that I would pay postage if she couldn't afford to send them, or we could come out to her place and pick them up if she'd rather. Her reply to me was that she would get them back here when she was good and ready and if I or my mom or dad came out there we would be prosecuted. Now, you can ask me all you want why she would say that and I'd have no answer for you, because none of us knows....but holy cow we didn't expect it! So now the question becomes how do we get these pictures and films back to dad? Do I really have to sue her for them? Is that the only way to get a court order to make her give them up? Or does my dad have the right to file a criminal charge of theft against her with the police? Please point me in the right direction.

Thank you so much for your time. I give my time fixing computers for free, so I understand and appreciate what this forum stands for. :)

Regards,
 


racer72

Senior Member
Do I really have to sue her for them?
You can't. But your father can.

Or does my dad have the right to file a criminal charge of theft against her with the police?
The police won't take a report, he gave her the pictures. He will be told it is a civil, not criminal issue.

If you father want the pictures back, he will have to sue in a higher court, not small claims court. SCC only allows money judgments, he could only sue for the value of the pictures. In most cases, family heirlooms such as these actually hold very little fair market value. He should see a local attorney, a strongly worded letter might be all it takes to get the items back.
 
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compfixette

Junior Member
Thank you very much. :) I do hope that's all it takes, and I'll have him contact our local lawyer.

Regards**************.
 

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