Reseda, CA asked in Employment Law for California

Q: Can a company sue a non-employee for return of computer if they have no proof that they delivered it to my home?

I'm a freelancer who was working FT for one company. An assistant, with the company (using personal car), delivered computer equipt. to my home during COVID two years ago. I did not sign any documents upon receiving equipment. I no longer work for with this company. They have not asked for computer. Morally, I know I should return it. Can they win a lawsuit if they have no proof that I have the equipment?

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2 Lawyer Answers
Brad S Kane
Brad S Kane
Answered
  • Los Angeles, CA
  • Licensed in California

A: First, you should do the right thing. Remember the Golden Rule - treat others how you would want to be treated. Would you like someone to keep your equipment, because they think you may not be able to prove it is your equipment. You would be outraged.

Second, even if you did not sign something, if the company has the original purchase information with the serial number, you will end up having to explain how you obtained the equipment and then could be liable for punitive damages for conversion.

Third, people win and lose lawsuits for many reasons besides the merits. Thus, it is possible that you could successfully defend the lawsuit, but you would likely have to lie and say that you purchased the equipment or received it from a source other than the company.

1 user found this answer helpful

Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: Your post suggests that if you were sued you would lie about having the computer. That is not advisable, and no legitimate attorney should advise you to lie. Yes you can be sued if you have another person's property.

Good luck to you.

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