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My Word Against Thiers In Court.
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I had a friend agree to pick up some things from my house to my studio, which he works in as well. We loaded a table, which was taken apart, and I also included a thick portfolio of drawings, and then for the last I asked if I could put an A2 size box that I made for a drawing leaning on his front seat. The next day, he hadn't unloaded the car, and he took me out to pick up the stuff. He said he rearranged everything in the car, and we loaded the things into my studio. I didn't notice that the drawing in the white box wasn't there at the time. Later I noticed that the drawing was nowhere to be found.
When I asked him later, he said he didn't remember, right away, and denied any knowledge about the drawing. I thought it was strange that he didn't even try to scratch his head to remember. I dropped it, but later on I lent him a book, and then in April he moved out of the space. Before that we saw each other regularly, and were friendly. After he moved out however, he didn't answer any of my calls or messages to return the book, and I haven't heard from him. Its now december, and I realize that since he is likely to do this, he might also have decided to keep my drawing that was carefully packed in the box. Do I have a case if its my word against his? The last time I saw the piece was in the front seat of his car.
Any advice would be much appreciated. I was wondering if I could encourage him to return my things, no questions asked, if I threatened to take him to small claims court and put the case in front of a judge. I have the text messages still on the day he came to pick up the things.
Thanks
When I asked him later, he said he didn't remember, right away, and denied any knowledge about the drawing. I thought it was strange that he didn't even try to scratch his head to remember. I dropped it, but later on I lent him a book, and then in April he moved out of the space. Before that we saw each other regularly, and were friendly. After he moved out however, he didn't answer any of my calls or messages to return the book, and I haven't heard from him. Its now december, and I realize that since he is likely to do this, he might also have decided to keep my drawing that was carefully packed in the box. Do I have a case if its my word against his? The last time I saw the piece was in the front seat of his car.
Any advice would be much appreciated. I was wondering if I could encourage him to return my things, no questions asked, if I threatened to take him to small claims court and put the case in front of a judge. I have the text messages still on the day he came to pick up the things.
Thanks
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For more on marking an answer as the "Best Answer", please visit our FAQ.I've just read the answers you received on the other question and I fully agree with them. I would also add that this would not be a matter for the Small Claims court (which is essentially a branch of the County Court which deals with civil matters). It would be if it was not disputed that your friend had the drawing in his possession and was somehow laying claim to it. However, you have no proof that he even has it and what you are doing is accusing him of taking it without your consent – in short, stealing from you.
Theft is a criminal matter to be dealt with by the criminal courts. The police need to initiate the process following a report from you. The first thing (among many) they might ask is why you left it for eight months to raise the matter with them.
Unfortunately you must forget any hope of resolving this matter unless you can do so amicably with your friend.
Theft is a criminal matter to be dealt with by the criminal courts. The police need to initiate the process following a report from you. The first thing (among many) they might ask is why you left it for eight months to raise the matter with them.
Unfortunately you must forget any hope of resolving this matter unless you can do so amicably with your friend.
'' I didn't notice that the drawing in the white box was not there at the time'' For an item worth E 6,000 in a specially designed box (this is from your other thread) that seems virtually unbelievable!
Can you be certain that you did not unload it with the other stuff but 'didn't notice' where you put it?
You have no case of any sort,there is not even proof he ever even saw it.
Can you be certain that you did not unload it with the other stuff but 'didn't notice' where you put it?
You have no case of any sort,there is not even proof he ever even saw it.
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