question about liens

[scott732]

new jersey, monmouth county. i'm a home owner in nj in which a year ago (approx)nov/dec 2000 an individual whom happened to be drunk put a huge ding/dent in my coffee table. the coffe table cost $200. knowing this individual would not pay me, i offered him the table if he paid me $200. he paid the money and left the table with me, i said it had to be out in a month. no reciept of any kind was written up regarding the money or terms just oral. the end of jan 2002 this individual calls looking for the table. i tell him no table nor will i give him back the $200. he calls back saying he'll put in a legal claim(?) if we don't reslove this. my question's are can this person put a lien on the table, my property, house or anything else of mine for that matter? how would he go about getting this lien if possible? what kind of claim or suit can this person file if any at all? how am i legally responsible if at all? do i legally owe him the table or the $200? is it just a simple case of my word vs his? if it was to go to small claims court and i give him the table could i counter sue for storage say using $1 a day for storage times (approx) 400 days storage=$400 that he owes me?

 

[JenniferH]

He would have to sue you in small claims court for the amount of the table. He would HAVE to prove his case. Seems to me that if he left w/o it, then you could easily prove that he never asked for it and his case would be weak.

If he were to be able to win a judgment against you, he would have all the legal collection tools available to him by law. He would not however be able to lien against property like furniture, most likely real estate, yes.

Best advice, tell him to come get his table, as he as paid for it, right. Forget about asking for storage fees, that is just going to make the situation worse. Better to get this guy out of your life and get on with your own, its just a couple of hundred dollars, which you state he has paid and you got to use the table for that amount of time.

Personally, I doubt he would sue, and if he did, he would have to prove his case.

 

[JETX]

I just want to clear up an 'issue' here...

Based on the original post:
1) You acknowledge receipt of the $200 in return for the table.
2) You acknowledge that "the end of jan 2002 this individual calls looking for the table. i tell him no table nor will i give him back the $200."

Legally (ethically and morally) this is clearly his table and he has EVERY right to it. You have NO legal basis for refusing to deliver the table or returning the money.

Then, with all due respect to JenniferH, she says (incorrectly in my opinion), "Seems to me that if he left w/o it, then you could easily prove that he never asked for it and his case would be weak.".

I agree that he would have a weak legal case on the surface, but he did clearly pay for it AND clearly asked for HIS table. And if he did take you to court over the table, you would be under oath when he asked:
1) Did you agree to sell the table to me for $200.00?
2) Did you recieve the $200.00 from me?
3) Did I make demand for the table?
4) Did you deny my request for the table?

And, no one presumes you would perjure yourself by making a false statement under oath.... so, assuming your honest answers... he wins.

 

[JenniferH]

I believe what I meant to say is that yes, he did pay for the table yet did not take it with him, but he clearly paid for the table so yes, it is his. My statement in which I say that he left the table after paying you for it, should not be implied that he is not the rightful owner of it and has all right to it.

After rereading my statement, I clarify this and do believe that Halket is right, afterall he is a seasoned pro on this board as well as in my industry.

Give him the table back, it is his: pure and simple.

Why make a mountain out of a molehill?