Legal Question in Civil Rights Law in Tennessee

Bike Discrepancy

I purchased a bike for my nephew last summer. I cannot reproduce the receipt or have a copy of it and i do not remembert the date of purchase. A classmate mother, came on to the school property and accused my nephew of stealing her child's bike. The bike was taken by the school and we were told that the bike would not be released without our receipt. I have tried to find and go back to the store to get the receipt; however, i do not remember the exact date, time or cost. The classmate mother, has not been heard from since. We have no idea where she came from, who she is or why she made the false claim; however, we were told we cannot get the bike back. Can the school hold this bike from my nephew even though the individual making the accusation has completely disappeared? What possible grounds does the school have to take my nephew's bike away without any proof from the mother? I also would like to mention that my nephew is black and this lady is white. I truly believe that this is the reason they have taken the bike away and will not give it back.

Thank you


Asked on 6/06/05, 10:53 am

1 Answer from Attorneys
Marc Reisman Rosenblum & Reisman, P.C.

Re: Bike Discrepancy

There are civil remedies for seeking the return of personal property wrogfully taken. You could go to your local general sessions court and file an action, but the problem is that you might need an attorney (I generally suggest you have one when you go to court) and when you add the court costs and attorney fees, it probably is not worth the trouble. I would be surprised if a friendly visit to the school explaining the circumstances would not achieve the result you desire. Perhaps a signed affidavit from you with a thorough diescription of where you got it, how much it cost, and the fact that you have misplaced the receipt, along with a letter, if necessary, threatening legal action, will result in the return of the bike to you. Best of luck.

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Answered on 6/06/05, 11:16 am


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