Legal Question in Civil Litigation in Michigan

i loaned a family member my navigation system w/a verbal agreement to be replaced should anything happen to it. they broke it and have not returned nor replaced it, only made excuse after excuse. i suggested they give me an item of theirs of equal value only until they can either replace the item or return the money it cost for my navigation system that they broke. they have refused and made excuses for months now - what can i do legally to have it replaced and/or reimbursed w/an item of theirs until they can replace or repay for my navigation system ? i'm concerned of running out of time to take legal action - PLEASE HELP !!


Asked on 1/11/10, 4:59 pm

1 Answer from Attorneys
Audra Arndt Audra A. Arndt & Associates, PLLC

Your recourse is for "breach of contract," which has a 3-year statute of limitations. If the value of the item is under $3,000, then the proper court is small claims, which means you cannot be represented by a lawyer. You usually have to file in the court wherein the defendant (your family member) resides, however, you may be able to file where the agreement/contract was made. You may wish to have a lawyer send a demand letter first, in the hopes of getting their attention, demonstrating your seriousness that you will pursue this matter, which would hopefully resolve the matter amicably.

You cannot force them to give you an item of equal value as collateral until you get the cash or a replacement item - that's not how the law works. If a lawyer's letter doesn't resolve it, then you'd have to pursue a lawsuit.

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Answered on 1/17/10, 1:07 am


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