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sold in a yard sale

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jmheart

Junior Member
What is the name of your state (only U.S. law)? Vermont
An old boyfriend works as a handyman. He took home a clients clock to fix last winter. He moved out and I sold the clock in a yard sale. Now the client is looking for his clock. I have since put an ad in the local paper to locate the item. I've been told that I will be held liable and could lose my home and could see some jail time. I can't sleep thinking of all the stress this boyfriend has caused and I do not want to lose my home. Please can someone advise me of the law.What is the name of your state (only U.S. law)?
 


Zigner

Senior Member, Non-Attorney
I'm sorry that nobody has responded in the 38 minutes that you allowed.

If you are charged with a crime, seek the services of an attorney.
 

Hot Topic

Senior Member
You knew the clock belonged to a client of your ex-boyfriend's. Had you been honest, you would have returned it to the client. Instead, you decided you were going to make some money by selling it at the yard sale.

Expect to be sued. And stop blaming the ex-boyfriend for your dishonesty.
 

BL

Senior Member
I doubt a clock that a handyman would work on is worth anywhere near the price of your home .

If it were ,the client would be an Idiot let a handyman put his hands on it.

The value of the clock at the time the client let the handyman lay his hands on it ,is what it is worth .
 
You'd probably be sued for conversion. It is an intentional tort. In some states you get damages worth three times the value of the clock. Additionally, the party suing can seek punitive damages. I'm with the rest of the crew, unless that's a really expensive clock, you're probably not going to lose your house. Then again, it depends how much money you have.
 

VJA

Junior Member
NONE OF THE FOLLOWING SHOULD BE CONSTRUED AS LEGAL ADVICE AND IT DOES NOT TAKE THE PLACE OF HIRING AN ATTORNEY LICENSED TO PRACTICE IN YOUR STATE.

I have some bad news: if you were hoping this boyfriend was out of your life for good, he is not -- thanks to your poor judgment.

Your liability all depends on what was told to you by the boyfriend and what the BF and the client told each other. The range is from no liability to you being guilty of a crime.

Examples:
The BF had been trying to get the client to pick up this clock for months and finally sent the client a certified letter giving him 30 days to receive his property or it would be deemed abandoned in exchange for storage and services rendered, and informed you of all of that when he moved out, telling you to dispose of the clock as you saw fit, then you would have a good argument for no liability, but still may need an attorney. If the client sues you, you could probably bring the BF in as a co-defendant under these circumstances.

If the BF moved out and said, "My client is coming over on Sunday to pick up his clock" and you sold it on Saturday and pocketed the money, then you committed a crime and MUST call an attorney before any further dealings with the client or the police.

The client can also sue the BF for abandoning property left in his care, and it would be very likely that the BF would then turn around and sue you. No idea how that would come out. Again, depends on what each party knew.

Your culpability is a direct result of:
1. Whether or not you knew the clock belonged to the client and that he would want it back.
2. What attempts you took to return the clock to the client or to have your BF remove it with his belongings (Did you sell his belongings, too? Because if so, you may have two lawsuits on your hands, as that's a no-no).

Bottom line -- if you're the one in the wrong here, don't start a pissing contest. If the client is unappeasable, hire a lawyer now. If he might be reasonable, try to negotiate a fair value he will accept for the clock and pay him that (which may be a lot more than you sold it for), but be sure to get all releases in writing. If you aren't competent to do this on your own, quite possibly making things worse, HIRE AN ATTORNEY. NOW.

On a side note, as you reflect on your own behavior in all of this, try a little empathy. Often objects have meaning. A ratty child's teddy bear that is thrown out with the trash by a stranger might be the last remaining item a mother has of her son's after he died in a car accident. That clock might have had real value for that man, beyond whatever scratch you got for it at your yard sale, and you may have just taken something away from him that can't be replaced. Be a big girl and try to make it right.

Then come back here and tell us how it turned out.
 

jmheart

Junior Member
Thanks for all the great advice. I am in process of trying to find clock. I did not sell any thing belonging to another intensionally. I will try and work out a reasonable amount with owner of clock. I thank you for reminding me to have empathy. I realize sentimental values of items and will keep you posted.
 

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