Possession of personal property complaint

[Maddysnana]

An elderly woman my husband does lawn care and landscaping work for approached him one day and said God told her she needed to do something to help someone and she wanted to help him expand his business. She offered to buy him a riding lawnmower and a trailer to haul it so he could pick up more work. She told him it was a gift and he didn't have to pay her back, but he told her he would do her lawn care for free and continue to do work for her when she needed it at no cost. The bought a mower and a trailer and she insisted all the paperwork, title and bill of sale was put in his name. a couple of days later something happened to her, she started fighting with everyone in her neighborhood and the police even had her involuntaryly committed. She wanted my husband to go into business with her exclusivlely and when he refused she demanded the mower and trailer back. He refused because he had taken on several bigger jobs because of her generoisity and he also figured she would change her mind when she calmed down. She didn't she filed a small claim for return of personal property. All of the paperwork is in my husbands name, trailer title, bill of sales, and registration. The only thing she has is a copy of the slip from the bank where she took out $5000. Legally (morally is a whole other thing) does she have a case? Also the summons says we can file a written response to the court, is there a simple way to do this without a lawyer and do we write it up as just a letter stating our case and asking for a dismissal.

 

[army judge]

You can give your response in court.
Go to the court's website for samples.
In your response, just deny the allegations.

You need not prove your innocence.
She has to prove your guilt.

Just because she withdrew money, doesn't mean she gave it to your hubby.

You might win.
But, be prepared to lose.

She might have proof that you don't know about.

 

[mightymoose]

She will not be able to recover this mower if you insist it was a gift. She can't argue that it was not a gift when everything has been placed in your husband's name.
If you prepare a written statement and go to court telling this same story then you will probably do just fine.
At the same time.... your husband did promise to provide her with free service as part of the deal, so maybe there is some sort of compensation that needs to be made? Let the judge decide that.