Legal Question in Credit and Debt Law in Pennsylvania

if a loan item is not returned is it theft?

Some time ago in response to an intrernet appeal, I sent a guitar that I made to an artist in order for him to paint it, exhibit it and, if not sold within a year and the profit shared, he was to return it to me with the artwork still on.

Now he is refusing to return the guitar unless I pay him $3000 for the artwork.

I live in Ireland and the guitar was sent to new mexico though the artist has since relocated to Pennsylvania.

What is my legal position and what is the best way to go about reclaiming my property?

I should also add that I have tried my best to resolve this with the individual involved even offering him $1000 + shipping to return the guitar.

I don't know if this should be posted under criminal law (as I percieve it to be theft) or credit/debt collections

Thank you for your time.

Jason


Asked on 11/06/07, 1:01 pm

2 Answers from Attorneys
John Gibson John W. Gibson, Esquire

Re: if a loan item is not returned is it theft?

It is a civil matter. You would file a civil action against him. You may have to file the action in Pennsylvania in order to get personal jurisdiction.

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Answered on 11/07/07, 11:34 am
Solomon Weinstein Solomon Weinstein, Esquire

Re: if a loan item is not returned is it theft?

You should consider filing a claim against the individual in Pennsylvania since that is where he an be served. If he is located anywhere near philadelphia you can contact me.

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Answered on 11/07/07, 12:25 pm


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