Statute of Limitations for Personal Property?

[kindir]

I have some equipment that I split with a friend several years ago when participating in a sport. We paid around $1000 for it. I joined a new team and we used the equipment there. After a while, I left the team. My friend left a little bit later than I did and since the team was still using the equipment, we let them continue using it. Recently, I saw that they were advertising it on an email list I'm on to sell it. I didn't have an issue with them using it, but I don't feel as though they have a right to sell it. The problem is, it's been several years, as I mentioned. Is there a statue of limitations on personal property?

 

[army judge]

Why not ask the team to return your property?
There is SOL on ownership.

 

[kindir]

I already asked them and they refuse to return it. That was the first thing I did.

 

[kindir]

I'm trying to Google search the personal property statute of limitations, but what I'm finding is referencing financial "property" not a physical item. In these cases, there appear to be laws about trying to contact the owner. Is that the same with physical property?

 

[army judge]

I'm trying to Google search the personal property statute of limitations, but what I'm finding is referencing financial "property" not a physical item. In these cases, there appear to be laws about trying to contact the owner. Is that the same with physical property?

The team may consider what you term USE, to have meant GIFT.
If you have PROOF of purchase and ownership, you could sue the team for the value of the donation (and its depreciated value) in small claims court.
If it was worth $1,000 three years ago, it MIGHT be worth $400 today, assuming its in "good" condition.
The court might think otherwise, and that would be what you would be awarded in a judgment.
Then you have to collect on that judgment.
There's no way to have a small claims court force the team to give the equipmentr back to you, and a higher court case would be cost prohibitive.

The issue is if the court will see it your way.
The court might say you GIFTED the junk to the team.
That is especially likely if the team asserts the gift idea, and fails to support your loan or use idea.
You're free to try a small claims case, or just let it go.

Not every perceived slight has a legal remedy to address it.

 

[kindir]

Thank you, I appreciate your insight. I am not someone who feels that legal action is desirable or necessary in most cases (at least in terms of small claims court). I am not necessarily going to pursue this in court, I am just trying to understand my options.

 

[army judge]

Thank you, I appreciate your insight. I am not someone who feels that legal action is desirable or necessary in most cases (at least in terms of small claims court). I am not necessarily going to pursue this in court, I am just trying to understand my options.

No worries, and to further clarify, as you seem interested; what you created was a bailment.

There are three types of bailments: (1) for the benefit of the bailor and bailee; (2) for the sole benefit of the bailor; and (3) for the sole benefit of the bailee.

You are the bailor, the team is the bailee.

Your bailment was type 3, for the sole benefit and exclusive use of the bailee, the team.

A bailment was created for the sole benefit of the bailee when you and the team agreed the property temporarily in the bailee's custody was to be used for the exclusive advantage of the team without giving anything to the bailor (YOU) in return. The loan of a book from a library is a bailment for the sole benefit of the bailee.
The team has a duty to keep safe yoru property they are using, and return it upon demand.

That's the theory of your case in this matter, not the SOL. Bailments can exist for years without a determinate time. Now, the law hates fuzzy things, so it wouldn't reach into perpetuity, as things in the law must have an end date.