Legal Question in Elder Law in Nevada

property not returned

my stepson is using my bedroom and dining room furniture. He asked if he could use it until I needed it back In 2006 I asked for the furniture back and he said either he was charging me six thousand dollars to return it (a price he claims would cost me for storage) or he was keeping it. I had a storage unit and could have easily taken it there but he needed furniture and so I let him use it. Now that he won't give it back what kind of recourse do I have. This furniture origanally belonged to my parents and is a family treasure. He lives in Reno where I lived then but I now live in California. My husband his father is deceased. What can I do?


Asked on 11/29/08, 11:40 am

2 Answers from Attorneys
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: property not returned

You need to discuss this matter with a Nevada attorney. You have the right to get your furniture back without paying him anything, but it must be done through the Nevada judicial system.

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Answered on 11/29/08, 12:45 pm
Paul Malikowski Malikowski Law Offices, Ltd.

Re: property not returned

If an older person in Nevada suffers personal injury or death caused by abuse or neglect or suffers a loss of money or property by exploitation, the offender may be ordered to pay up to two times the actual damages incurred. If the offender acted with recklessness, oppression, fraud, or malice, the court shall order the person to pay the attorney's fees and costs of the person who initiated the lawsuit.

Winning a lawsuit and obtaining a judgment means little, if the losing party has no money or property available to satisfy the award.

Your attorney can explain further.

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Answered on 11/29/08, 1:53 pm


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