Q: I have some personal property voluntarily held at a friend's house whom is now suddenly claiming it as his own to sell
It's a very large slab of wood worth over 1000 in it's raw form. It is really heavy so I have to get help to move it (31, F) There have been several times when he could have stated his sudden belief of ownership, but even the day it came into question he tried to hide what he was doing with it. I found out that the had essentially destroyed the 13 ft slab cutting it in half and is working on one half to turn into a table. it's my slab! Now he says it's his because it's been at his house for a year and if I try to get it back he will shoot me.
A:
Don't go trespassing, and especially not during the nighttime with the intent to recover property that he thinks belongs to him. If he has a decent attorney, he would probably get away with shooting you dead under those circumstances.
Frankly, this sounds like a matter for civil small claim court, not criminal law. If you voluntarily left the slab with him it is probably not a crime for him to keep it now. It may be wrong, but not a criminal offense. Perhaps it would be a crime if he had the intent to wrongfully keep it all along, that was his plan from the very beginning... and it can somehow be proved that he had that intent at the moment the property was transferred but he knowingly tricked you into leaving it will him... so that after he stored it for a year he would just keep it. Well, even if that is true, it is probably impossible to prove beyond a reasonable doubt.
Chad Zubi agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.