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Threat of a civil suit over personal property

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AnnaSC

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

I purchased an item from a family member through a private sale 7+ years ago - I am now getting threats of a personal suit for return of this possession to the original owner. Do they have a case?

Background - 7+ years ago a family member was facing some large attorney fees on a federal charge and needed some extra money. They offered to sell me a firearm of theirs that I already had in my possession and I gave them the money. I contacted SC SLED at the time and asked what documentation was required to transfer the ownership and register it in my name, but SC does not file private sales, so there was no documentation required by the state. The family member has since then told another family member that they could have the firearm for some amount of money, received the money, and then informed my husband that he needed to hand over the firearm to this other person who lives in another state or they would file charges/civil suit against him to get its return - he has never been in possession of the firearm, only me, but the are making the threats against him.

I know that there is the old saying of possession being 9/10th the law, but does that really mean anything in this matter or is there a case here when it was a verbal transaction in excess of 7 years? What do we need to do to protect ourselves in this matter?
 


Banned_Princess

Senior Member
What is the name of your state (only U.S. law)? South Carolina

I purchased an item from a family member through a private sale 7+ years ago - I am now getting threats of a personal suit for return of this possession to the original owner. Do they have a case?

Background - 7+ years ago a family member was facing some large attorney fees on a federal charge and needed some extra money. They offered to sell me a firearm of theirs that I already had in my possession and I gave them the money. I contacted SC SLED at the time and asked what documentation was required to transfer the ownership and register it in my name, but SC does not file private sales, so there was no documentation required by the state. The family member has since then told another family member that they could have the firearm for some amount of money, received the money, and then informed my husband that he needed to hand over the firearm to this other person who lives in another state or they would file charges/civil suit against him to get its return - he has never been in possession of the firearm, only me, but the are making the threats against him.

I know that there is the old saying of possession being 9/10th the law, but does that really mean anything in this matter or is there a case here when it was a verbal transaction in excess of 7 years? What do we need to do to protect ourselves in this matter?
well, you can ignore him until he actually sues you. I doubt he will. If by some slim chance he does, all you can do is take your story into the judge, the judge will decide the merit of the case by the preponderance of evidence. Do you know of anyone whom might know of the transaction first hand? you never registered the gun to yourself? even if it wasnt required, you should have done so.

If possible, you might want to contact the third party (assuming you know them) and telling them the gun was sold to you many years ago, and you aren't giving it up, and they might have to sue the multi seller to get their money back.
 

AnnaSC

Junior Member
response - additional details

unfortunately, the only person short of my husband that is aware of the original deal has since passed away. I wanted to register it in my name, but SLED told me that there was not a process for this in private sales and i can't say that looked any further into it because i never thought that there would be an issue with it. And since it was a verbal transaction in a difficult situation, we didn't do anything about writing anything out, so it would purely be my word against theirs in court.
 

justalayman

Senior Member
that makes it tough(er).

Obviously they never paid you back for the money they "borrowed". Obviously that is something to bring up if this goes forward.

It appears the statute of limitations to sue for a verbal contract is 3 years so that kind of shoot filing a counterclaim against him (although I would anyway and let him put forth the defense, if he realizes it)

Even if you can't sue for the money, you can use the proof of the loan as evidence in defending his claim on the gun. Bank records or anything you might have to show withdrawal of the money you gave him would be helpful.
 

latigo

Senior Member
that makes it tough(er).

Obviously they never paid you back for the money they "borrowed". Obviously that is something to bring up if this goes forward.

It appears the statute of limitations to sue for a verbal contract is 3 years so that kind of shoot filing a counterclaim against him (although I would anyway and let him put forth the defense, if he realizes it)

Even if you can't sue for the money, you can use the proof of the loan as evidence in defending his claim on the gun. Bank records or anything you might have to show withdrawal of the money you gave him would be helpful.

What contract? What merits”

The OP has been in possession of the gun long since the running of the South Carolina three (3) statute of limitations * within which an alleged owner can legally assert a possessory right.


South Carolina Code Title 15 Civil Remedies and Procedures -Chapter 3 Limitations of Actions - Article I General Provisions

Section 15-3-530 Three years.

* * * *
(4) an action for taking, detaining, or injuring any goods or chattels including an action for the specific recovery of personal property;
 

justalayman

Senior Member
latigo;3102869]What contract? What merits”
the contract: obviously the OP believes he had a contract. He kept the gun in exchange for the money. Other person is now claiming that was not the deal concerning the money. While it is a bit speculative on my part, I am suggesting the other person, if he wants to argue the gun was not part of the deal, will be forced to explain the loan of the money. While it has been too long to sue for it, that doesn't prevent the facts of the situation from being presented. The point is; make the other guy explain why he didn't repay the money since he now claims the money was not in exchange for the gun.

The OP has been in possession of the gun long since the running of the South Carolina three (3) statute of limitations * within which an alleged owner can legally assert a possessory right.
so, if I loan you something (permissive use) and you have it over 3 years I can no longer reclaim it? Is that your position?
 

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