Legal Question in Credit and Debt Law in New York

Re: overdue library fines

The suggestion to bring the (now stolen) books to court is hilarious.

There are many defenses you have to such an action. Did you answer? If you have not already, put in a general denial. I am assuming the library sued you on the basis of 'conversion' which requires proof of intent on your part. I dare the library to prove that you intended to steal kids' books!!!

I doubt that the library is suing you on a contractual basis - I would eat my hat if you actually signed something stating you were liable for the price of the books you borrowed.

It may also be difficult for the library to prove that you have the books; you can always say the library made a mistake.

If the library sent you mail where it stated "you owe us", the library may be claiming an "account stated;" this is a valid claim, but your defense: "I assumed they were regarding children's activities" is a pretty good defense; it's not like you were ignoring credit card statements mailed to you (which by the way are also the basis for lawsuits based upon "account stated").

After answering the complaint and previous to appearing in court and disputing this, find out the actual replacement value of the books are alot less than $700.00 - check Half.com for such value. You may assume that the library replaced the books, and it does not take genius to figure how much they may have actually paid. This will be a basis of negotiation with the library as to their actual damages.

If your library is that nasty about overdue books, then use the magical internet to get your child's books - you would not believe how cheap it may be to procure kids' books (and in sets on EBay as well)!!

Re: overdue library fines

Bring the books to court. Explain what happened. The library is not out to hurt people. You may be able to work a settlement with the help of the court.

Mike.