Legal Question in Civil Rights Law in Georgia

i had let some of my stuff sit in a friends house i was coming to get it little by little and i told them i was coming soon to get it all out and they was like its cool, they never gave me an exact date to when i have to have it out completely, so come to find out they ended up throwing all my baby stuff everything i had out and keep some of my stuff in they house that they wanted, i was wondering could i take them to court for that and what can i do? because now i have nothing and i dont think it was right for them to do that and not notify or give me a date to get it out and they still have some of my stuff


Asked on 8/07/10, 9:16 am

1 Answer from Attorneys

Phillip M. Cook Cook Legal Services, LLC

Sounds like these people aren't really your friends! Yes, you can take them to court, but that doesn't mean you will win. I always recommend hiring an attorney before you think about going to Court.

Before you go on a legal crusade, you might consider:

1.) What was the value of the baby stuff they threw away? Are we talking an expensive crib, or diapers and baby wipes? If you are more upset about the fact that they threw the stuff away than the monetary value of the stuff, let it go. It will cost you money to file a lawsuit. You will miss a day of work. Make sure it's worth it.

2.) Can you prove that you purchased the baby items that were thrown away (for instance, by producing receipts)? If you can't prove you suffered a loss, you can't recover in court.

3.) Can you prove that you purchased the other items that have not been thrown away?

4.) Can you prove that an oral contract was entered into? Did you give them anything in return for holding your stuff?

5.) Can you prove a "bailor/bailee" relationship existed?

6.) Can you prove that they were somehow negligent in throwing your stuff away?

If the answer to these questions are likely "no", try to negotiate a settlement with these folks out of court. Otherwise, take the loss and be more careful who you trust in the future.

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Answered on 8/12/10, 12:00 pm


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