Would you take your ex brother in law to court?

[TheTman]

A few years ago I loaned an SKS and a Winchester 12guage 1200 pump to my brother in law, and somehow he "lost" them. I've got a couple of different stories out of him, but I think one of his girlfriends stole them and sold them. I since have reported them stolen. When I asked for them back, my brother in law just kind of laughed it off saying that must have been some of the things his girlfriend stole, and tried to make a joke out of it and walked off. No accepting responsibility for them, or offering to reimburse me.

I was thinking about taking him to small claims court for about $600. To teach him a lesson that when you borrow something, you return it.

Would any of you take an ex brother in law to court, or would you just mark it off as experience learned?
It's not really the money that gets to me, it's his attitude, that it wasn't his fault, like that's supposed to get him off the hook. Plus I had to ask and ask repeatedly for them back, one time so and so had them in his safe, then they were somewhere else another time, and lastly they had just disappeared. I know I had asked for them back before he got messed up with the beyotch that stole them.

[cloud]

No,I would keep everything cordial with him . Just would never lend him anything again or go out of my way to help him.

[Ken L]

File a police report that they were stolen. Last known whereabouts was in your ex-BIL's posession. Stolen firearms are a big deal and will get police involved. His attitude may change, or he may point the finger at the girlfriend, depending on his moral fiber. It would give him the attitude adjustment it seems like he needs.

[Bawanna]

If he's "Ex" I'd say he's fair game. I'm not much into lawyers and such but in this case it's probably better than going over and beating the crap out of him which would be my first choice. Also better than busting his windshield or other juvenile type actions.

If you can clearly prove you owned the guns and show evidence that you loaned them to the "Ex" I'd say your in good shape.

Perhaps the threat of small claims court alone would inspire him to make restitution.

If court don't work out you can always fall back on my first choice.

[getsome]

I think you should send Big Paulie and Guido over to help him find his wallet

[berettabone]

Anything it takes to get some type of closure............................if he was my current brother in law, I'd do the same thing.

[b4uqzme]

Lesson learned. As long as you've already told the police (cya)... Move on IMHO.

[TheTman]

Thanks for the input. The little jerk gave me the run around until the statue of limitations for small claims ran out. The police didn't pay it much mind, since I had loaned him the guns, they didn't seem bothered that they had been stolen from him. Kind of expected that from the dime store cops in this town. Anything over writing a speeding ticket and they are out of their league. They stopped my car because they couldn't tell a Hyundai from a Mercedes, the tag information they got on the radio said it had been transferred from Hyundai to a Mercedes and he thought I was still in the Hyundai. I have no idea why they were running my tag. I must have been speeding a mile or 2 over the limit.
Some of these guys worked with the BTK killer all through his criminal career and never noticed anything unusual about him.

[berettabone]

Anything it takes to get some type of closure............................if he was my current brother in law, I'd do the same thing.
You've got time.....................the smell of revenge is oh so sweet............................................. .:rolleyes:

[muggsy]

Tom, my father told me long ago that if a man is a dick he'll end up screwing himself far worse than you could ever screw him. Take that to heart. Six hundred dollars is only money and not worth getting excited about. Consider it a six hundred dollar lesson and don't repeat it. You could have loaned the bugger your car.

[jeepster09]

You stated "ex brother in law" so yes, I would pursue it. It won't cause any family problems unless he is still involved with family.

[DanTana]

I think at the very least I'd report the guns stolen and who had last known possession of them. If those guns are used in a crime it could come back to haunt you. Let him explain what happened to them. You may end up finding out he sold them or still have possession of them? Small claims court will not cost you anything but your time, but you may still end up with nothing because he may never pay you, then you have to resort back to the courts again. I think the principle of the matter would dictate to me I'd have to go after him for the cost of the guns. I'd maybe give him one last chance to make it right and say, I lent you those guns, you lost them, now give me fair market value for them $600.00 or I will sue you. If he laughs it off, serve him with a subpeona. If he doesn't show, you win automatically. If you do sue him, make sure you have all the proper documentation in order with the bill of sale and other paper work.

[timboy]

In a heartbeat,my ex wife's brother is a irresponsible idiot,good luck!

[downtownv]

I think you should send Big Paulie and Guido over to help him find his wallet


Being a Jersey Guy, I can assist you with that.....
I'd have the cops Flash Fry him first her next, they will talk. The ATF doesn't play well with others!

[Ken L]

Could also try filing a claim with your insurance company, saying that you know they were stolen by your ex-BIL. Since you've filed a police report that may help the insurance company go after him for compensation.

[Tilos]

He probably pawned them, the reason for the stalling, then didn't make the interest payments, so they're gone now.
Did you checkout pawn shops?, too late now, most likely already sold.
jmo
Ken

[ltxi]

I loaned a pristine, Belgian built, Browning 30-06 Auto to a then friend for a hunting trip as a much needed, immediate replacement when his rifle broke down. He had it transverse mounted on the back of his ATV when he rolled it. Needless to say it's no longer pristine. Woulda been acceptably unfortunate but okay accidents happen, if he hadn't just laughed it off. Six months later that last bit cost him his overpaid job and eventually his marriage. I can be a cold, vindictive sob when appropriate. My own lesson out of that....never loan out any gun you really care about to anyone.

I also have a couple/few guns on loan to my brother-in-law/cousin and my sister that I'll never get back. But that's okay....loan in this case be pro forma. A between PA permit holders way around PA transfer regulations, even to family.

[knkali]

I would throat punch him

If that is off the table then you have to ask yourself: if you win the judgment, will he pay? The small claims court is a joke IMHO. It only works if both parties abide by the rules. IOWs the court cannot enforce the judgment. If he has a business, you could then motion for the court to execute a till tap if he doesn't pay. He will have to pay for the amount awarded you AND the till tap cost for the sheriff. So when he has people pay him, a sheriff is there to collect it for you instead. If you have a bank account number of his, you could motion the court to put a freeze on it and attach your judgment to it. All of this takes time and is very aggravating--if you get a favorable judgment. Don't ask me how I know. Throat punching the guy is so much more easy.

To answer your question, yep I would pursue the guy. He sounds like he needs to learn a few things. Providing suing him doesn't consume you in the process. However, I think you will ultimately lose your case......the court will ask why you waited so long to sue him--is there a limitation to pursuing something like this in your state? Also can you get a sworn statement from a witness that said you LOANED him the weapons? His defense will be either, no I never borrowed the guns, or he GAVE them to me, or I gave them back already but he doesn't remember. The burden of proof is on the plaintiff (you) to make your case. If you watched Judge Judy, that is not what to expect. Reality is much different. Certainly, the BEST thing for you is if he says his GF stole them. That means he was negligent with your property and you should win your case.

Good luck amigo. Let us know what you decide and how it goes.

[DanTana]

Remember, your the last traceable owner of those weapons. If, god forbid, they were used in a murder or other crime, it is you they will come after once they find them.

[Bawanna]

"Six months later that last bit cost him his overpaid job and eventually his marriage. I can be a cold, vindictive sob when appropriate"


Gawd I love you man! Remind me never to piss you off though, that's for certain.

[Bawanna]

"I would throat punch him"


This is good too. Good idea.

[b4uqzme]

...never loan out any gun you really care about to anyone...

that's why God invented Turkish shotguns...;)

[ltxi]

"Six months later that last bit cost him his overpaid job and eventually his marriage. I can be a cold, vindictive sob when appropriate"


Gawd I love you man! Remind me never to piss you off though, that's for certain.


Ahhh...it takes a lot to piss me off to that level. Tearing up my 98+ close to collectable Browning AR and then "sorry 'bout that" laughing it off do be that kinda thing, tho. Non violent street justice be what came next.

Now, about them damn violets.....