What legal options do I have to recover my dresser?

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?

Answer:

You may consider filing a civil suit for conversion against the refinisher or carpenter. Conversion occurs when someone wrongfully retains or uses another person's property. In this case, even though the initial taking of the dresser may have been lawful, keeping it without returning it is not.

To succeed in a conversion claim, you must show that you demanded the return of the dresser and that the refinisher refused to return it. If you win, you can recover damages equal to the dresser's replacement value and compensation for the loss of its use. This process is civil, meaning it is not a criminal matter, but it is similar to theft in that it involves the wrongful possession of someone else's property.

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.

FAQs

People may choose to get rid of a family heirloom for various reasons. These can include financial need, lack of space, or a desire to declutter. Sometimes, heirs may not feel a personal connection to the item or may prefer to pass it on to someone who appreciates it more. Additionally, if the heirloom is damaged or requires costly repairs, an heir might decide it’s best to sell or donate it.