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Suing the wrong person?

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kfowler57

Member
What is the name of your state (only U.S. law)? Missouri.
My step-son and his girlfriend shared an apartment in Kansas. His aunt (not on speaking terms with most of the family) gave them furniture to furnish the place. When they decided to move back to Missouri, they moved in with a friend and put the furniture in storage. (FYI, the aunt and uncle helped them pack and load the truck; there are several witnesses/participants to that). Our stepson's past has caught up with him and he is now incarcerated in Missouri and the girlfriend continues to make the payments on the storage unit which is in Missouri. She now lives with her father also in Missouri. The girlfriend received a threatening phone call from the aunt demanding immediate return of the furniture or she would be arrested for theft. Well apparently that threat didn't turn out so well and now the aunt is suing the girlfriend in small claims court for not honoring the "verbal" agreement to only borrow the furniture for the time they lived in Kansas. The storage unit is in my step-son's (her nephew's) name and not the girlfriend's. The girlfriend doesn't physically possess any of the furniture, she only pays the storage rent. Isn't this aunt suing the wrong person?
 


BL

Senior Member
What is the name of your state (only U.S. law)? Missouri.
My step-son and his girlfriend shared an apartment in Kansas. His aunt (not on speaking terms with most of the family) gave them furniture to furnish the place. When they decided to move back to Missouri, they moved in with a friend and put the furniture in storage. (FYI, the aunt and uncle helped them pack and load the truck; there are several witnesses/participants to that). Our stepson's past has caught up with him and he is now incarcerated in Missouri and the girlfriend continues to make the payments on the storage unit which is in Missouri. She now lives with her father also in Missouri. The girlfriend received a threatening phone call from the aunt demanding immediate return of the furniture or she would be arrested for theft. Well apparently that threat didn't turn out so well and now the aunt is suing the girlfriend in small claims court for not honoring the "verbal" agreement to only borrow the furniture for the time they lived in Kansas. The storage unit is in my step-son's (her nephew's) name and not the girlfriend's. The girlfriend doesn't physically possess any of the furniture, she only pays the storage rent. Isn't this aunt suing the wrong person?
Them is the key word .

Small claims are for money damages for the amount of what the furniture is worth today .

It will be up to a court to decide if the furniture was a " gift " , or loaner .
 

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