I lent my sister certain items. when asked for said items she refused to return them. what should i do

Question

I lent her the items while i was on my 2 year Mormon mission. i have since returned and asked for them back, but she refuses to give them up, saying that "I gave them to her". some of the things that she has she didn't have permission to have in the first place. what should i do in order to get my possessions

Stephen Howard · Answer

Theoretically, you could sue her in small claims court (assuming these are not very valuable items), or you could call the police and report the items as stolen.  Whether you succeed in court would depend in part on who a jury or judge believed.  If the jury/judge believed her when she said that you had given the items to her, then she probably wins the case.  If the jury/judge believed you, then you would probably win.
The second part of the question is what "should" you do to get the items back.  In the years I have practiced law, I have found that most legal questions have a non-legal component.  The non-legal part of your question relates to how much your relationship with your sister is worth to you.  Suing your sister or filing a police report against her runs a real risk of damaging that relationship, and potentially your relationship with the rest of your family.  You will need to balance the value of those relationships against the value of the items you're trying to get back.  Sometimes negotiations and compromise are a better solution to a problem than taking someone to court.  But ultimately, it's your call to make.

Q: I lent my sister certain items. when asked for said items she refused to return them. what should i do