Legal Question in Civil Litigation in California

personal property w/ 3rd party

neighbor refuses to return tractor we let him use for past 5 yrs. in exchange he occasionaly did some tractor work for us. We are moving and need it back. he will not return tele calls and indicates thru his wife that upkeep and maintence now make it his.


Asked on 4/24/07, 3:00 pm

2 Answers from Attorneys

Daniel Harrison Berger Harrison, APC

Re: personal property w/ 3rd party

If you intended to give the tractor as a gift, it is gone. If you intended to let your neighbor borrow the tractor, the neighbor must return it. You can argue that his upkeep and maintenence compensated for his use of the machine. You would need to sue him for return of the tractor. Suing for the value of the tractor may not be enough. Your neighbor might not have any money to satisfy a judgment.

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Answered on 4/24/07, 3:39 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: personal property w/ 3rd party

How much is the tractor worth? Small claims does not issue specifice performance orders so you'd have to go to SUPERIOR COURT, perhaps

$ 110.00 for filing fees and under

$ 1K in attorney's fees. COntact me direclty.

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Answered on 4/24/07, 4:18 pm


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