Legal Question in Criminal Law in Michigan

Re: Law about retrieving borrowed items

Do you want the dollar value of the item or the item itself? If you want the dollar value of the item you can file a small claims case. If you want the item back you can file a lawsuit in district court. Be prepared to bring proof of ownership to the courts.

Re: Law about retrieving borrowed items

Legal options?

1. Report this to police, but it'll probably be viewed by police or the prosecutor as "a civil matter" and a charge won't be issued. But a charge like Larceny By Conversion could apply. Prosecutors would have to decide that this case is worthy of devoting public resources to respond to, and that is dubious at best.

2. Sue the friend in district court or its small claims division (where neither side can have a lawyer, like Judge Judy on TV) for a money judgment. You won't get the item back through the judgment, just the fair market value of the item ... and then you have to collect on the money judgment.

3. Sue the friend in circuit court on a "claim and delivery" theory. This theory applies the "equitable law" power that circuit court has and essentially says to the defendant: "you wrongfully have the plaintiff's stuff ... now, give the plaintiff back his/her stuff!"

Usually by just filing the small claims action or another law suit, you can settle the case without a trial ... especially if the issue is that you just want your lawnmower back.

Of course, if the real facts are different, then your legal options may change considerably. For example, if the other person did not "borrow" it but rather exchanged some fair compensation for the item then a sale occurred, and the property is probably not yours anymore to have back. So,as in most situations, the legal options depends on all the facts and history playing out.

You really should talk with a lawyer that handles civil cases to see what your best options are. You posted this question under the criminal law section, but it's probably not a criminal case in the end.