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My Word Against Theirs In Court
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I had a friend agree to pick up some things from my house to my studio, which he works in as well. We loaded a table, which was taken apart, and I also included a thick portfolio of drawings, and then for the last I asked if I could put an A2 size box that I made for a drawing leaning on his front seat. The next day, he hadn't unloaded the car, and he took me out to pick up the stuff. He said he rearranged everything in the car, and we loaded the things into my studio. I didn't notice that the drawing in the white box wasn't there at the time. Later I noticed that the drawing was nowhere to be found.
When I asked him later, he said he didn't remember, right away, and denied any knowledge about the drawing, in fact he was quite defensive. I thought it was strange that he didn't even try to scratch his head to remember. I dropped it, but later on I lent him a book, and then in April he moved out of the space. Before that we saw each other regularly, and were friendly. After he moved out however, he didn't answer any of my calls or messages to return the book, and I haven't heard from him. Its now december, and I realize that since he is likely to do this, he might also have decided to keep my drawing that was carefully packed in the box. Do I have a case if its my word against his? The last time I saw the piece was in the front seat of his car.
Any advice would be much appreciated. I was wondering if I could encourage him to return my things, no questions asked, if I threatened to take him to small claims court and put the case in front of a judge. I have the text messages still on the day he came to pick up the things.
Thanks
When I asked him later, he said he didn't remember, right away, and denied any knowledge about the drawing, in fact he was quite defensive. I thought it was strange that he didn't even try to scratch his head to remember. I dropped it, but later on I lent him a book, and then in April he moved out of the space. Before that we saw each other regularly, and were friendly. After he moved out however, he didn't answer any of my calls or messages to return the book, and I haven't heard from him. Its now december, and I realize that since he is likely to do this, he might also have decided to keep my drawing that was carefully packed in the box. Do I have a case if its my word against his? The last time I saw the piece was in the front seat of his car.
Any advice would be much appreciated. I was wondering if I could encourage him to return my things, no questions asked, if I threatened to take him to small claims court and put the case in front of a judge. I have the text messages still on the day he came to pick up the things.
Thanks
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Actually the drawing is worth at least 5,000 Euros. And it was packed in a large, pristine three inch by A2 size box. It wouldn't have easily been lost. It was quite conspicuous. It just vanished. I know it seems strange that I'm addressing this now, but the book he borrowed is also important to my work, and is full of notes by me. I can't really replace it, and I've asked many times to have it back. I'm beginning to realize the character of this person, and now a picture is emerging over time. I wondered if I asked for both items, which are essentially irreplaceable, will have any basis in court. I don't think he'll be influenced by a 'threat' of legal action, unless it seems I have a case. Thks
So items including one worth 5000 euros were left in the car on the front seat overnight. Was the box itself taken or just the drawing from it? Maybe you could encourage him to claim on his car insurance, although it's probably far too late now.
But I agree with everyone else- all this happened a long time ago and there is no evidence at all that he took it.
If you don't need his cooperation/friendship in future then you could threaten him with the small claims court but I doubt it will get you anywhere
But I agree with everyone else- all this happened a long time ago and there is no evidence at all that he took it.
If you don't need his cooperation/friendship in future then you could threaten him with the small claims court but I doubt it will get you anywhere