Legal Question in Civil Litigation in California

I loaned a neighbor some expensive tools. He couldn't return them even after 6 months. I said

since urgency forced me to buy some cheaper ones,he paid me $200.00 for the purchase.

I neglected to get my original expensive tools back and he kept them for SIX YEARS.

I to forget to swap them back and continued to allow him to continue to use them.

Now he claims that since he paid for the cheap replacement tools and that I allowed him to use my good tools for six years, they legally belong to him----He won't return them to me.

Question--There was never any agreement in writing, only verbal. Who now owns my original expensive tools ??

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Asked on 3/30/10, 11:14 am

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

After six years it is probably too late for you to sue him to get either the tools or their value. I would have the same answer even without the $200 transaction. If I had more information I might see things differently. Based on what little I know, though, I'd say the law is no longer on your side.

I'm sorry I can't be more encouraging.

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Answered on 4/04/10, 11:40 am
Jonathan Reich De Castro, West, Chodorow, Glickfeld & Nass, Inc.

Although Ed Hoffman is probably correct, depending on what he said to you over the past six years, you might still be able to sue. Your best bet would be to sue him in small claims court and see what happens.

Good Luck.

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Answered on 4/05/10, 3:15 pm


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