Full question:
My wife's grandmother died and left her a family heirloom (dresser) of which we do not know the value. We took it to a bona fide refinisher and carpenter who has scheduled six separate deliveries with us not once delivering our dresser or calling to inform they were not delivering. We have not paid anything but it has been over two months since the first delivery was scheduled. What legal recourse do I have to either get our antique back or get compensated for the value of the dresser?
- Category: Civil Actions
- Date:
- State: National
Answer:
You may want to consider filing a civil suit against the refinisher/carpenter for conversion. Conversion is when someone wrongfully uses property of another for their own purposes or alters or destroys it. In an action for conversion, the taking of the property may be lawful, but the retaining of the property is unlawful. To succeed in the action, the plaintiff must prove that he or she demanded the property returned and the defendant refused to do so.
Damages may be recovered for the replacement value of the property as well as for the loss of its use. Conversion is very similar to theft, but is a civil action, not a criminal action. For example, when a mechanic wrongfully refuses to return a car brought in for repairs, it the mechanic may be subject to an action for conversion.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.