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  1. #1
    Join Date
    May 2012
    Posts
    1

    Default Family Member Gave an Instrument Away 16 Years Ago and Wants It Back Now

    16 years ago I was given a musical instrument to use in school. I recently gave it to my younger cousin to use and now the family member that originally gave it back to me wants it back. He now claims it was loaned out and that he is the rightful owner. Is there a statute of limitations in Michigan regarding personal property? Something like he had X amount of years to get it back before it's considered mine?

  2. #2
    Join Date
    Sep 2010
    Posts
    6,667

    Default Re: Family Member Gave an Instrument Away 16 Years Ago and Wants It Back Now

    Confess to him that you understood it to be a gift (if that was indeed the case) and that you have made a gift of it to the cousin.
    He can pursue it from the cousin if he wishes.

    The limit on suing you in court over the matter is six years. When that timer started to run is hazy here. Any acknowlegement on your part that this was a loan would probably refresh that. Even if the time expires that doesn't necessarily make a loaned item "yours" just severely limits his remedy. On the other hand if he were to sue you, he can't recover something from you that you don't have. All he would do is perhaps obtain a monetary judgement for the current value of the instrument.

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