Sanger, TX asked in Civil Litigation for Texas

Q: Family member borrowed our camper & is refusing to return it. Should we report it stolen or file a lawsuit?

It was loaned in September. We have asked every month for it to be returned & there’s an excuse for it not being returned. Finally exhausted with it not being returned we have demanded it be returned by today (12-27-23), it was not returned, and the family member is still refusing to return it. Is it considered stolen & do we contact the police to file a report? Or do we file a lawsuit?

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: If a family member borrowed your camper and is now refusing to return it, you have a couple of options to consider. First, you could contact the police to report the camper as stolen. However, since this situation involves a loan to a family member, the police may view it as a civil matter rather than a criminal one.

Another option is to file a lawsuit for the return of the camper or for the value of the camper if it's not returned. This can be done in small claims court if the value of the camper is within the court's limits, or in a higher court if the value exceeds those limits. Before proceeding with legal action, it might be beneficial to send a formal demand letter to the family member, stating the deadline for the return of the camper and your intention to take legal action if it is not returned. This could potentially resolve the issue without going to court.

Remember, dealing with legal issues involving family members can be complex and emotionally charged. It's often helpful to get advice from an attorney to navigate these situations effectively and to understand all your legal options.

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.