Facebook Twitter Google Plus Linkedin Instagram YouTube Pinterest Tumblr VK RSS
Close

Statute of Limitations On Loaned Items

admin43 Comments

I am a private music lesson teacher that got my start teaching as a teenager and then picked it up again as an adult in my 20’s.

I received a text from my best friend this morning. She stated that I borrowed a Christmas music book from her a while back and she wants it back. I vaguely remember borrowing a book from her when I first started teaching again and didn’t have a library built up approximately 12 years ago. I’ve since acquired literally hundreds of music Christmas books. I was shocked that she asked me this because I had forgotten about it because that was 4 houses ago, a marriage ago, etc…A lot of life has happened and I can’t even picture the book. I asked her if she remembered what it was called or what it looked like and she can’t. I spent two hours looking through all my music books to see if her name was written inside any of them and I found nothing.

My questions to you are:

Is there a statute of limitations for demanding something that was loaned to someone?

Should I just purchase a new random music book for her since I can’t replace the one she lent me? 1120-18

You ask an interesting question regarding a statute of limitations to demand the return of a loaned item but I submit that there is another question you have failed to ask and that is, “Is there a statute of limitations on how long a loanee can retain possession of a loaned item?” And yes, there is.

Taking possession of an item that has been loaned to you comes with an implicit understanding that the loan period is not for an eternity. There is an implied understanding that if a DVD or a reading book has been loaned, the loan period consists of the time it takes to read the book or watch the movie. The loan of a Christmas music book implies that the lender gave it to you to use during the Holiday season and then would have a reasonable expectation of it being returned to her once that holiday season was over.

You asked to borrow a music book and then never returned it. What has transpired over time is that you didn’t “borrow” the music book, you took it to own indefinitely. Your best friend has extended a lot of grace to you in being patient for the return of her music book.

Is 12 years too long to wait for the return of an item and then asking for it back? Maybe. But it’s clearly been on your best friend’s mind, at least off and on, for 12 years. She may have, in kindness, not reminded you of the loan because she has witnessed the stress of you moving 4 times and go through a divorce and struggling to build your music teaching business.

Since neither of you can remember which book it is, I would suggest that you offer to your friend the option of either coming to your house and choosing one of your many music books in your now extensive library or choosing a new music book that you will purchase for her.

Feel Good Friday – Perfection On Ice

admin2 Comments

Seeing and acknowledging beautiful things in life can be vital to feeling good about life.

This is a video of the French Pairs skating team of Vanessa James and Morgan Cipres performing their 2018 free skate program.

Perfect selection of music, perfect choreography to that music, beautiful transitions between elements and executed to perfection.   I love it when people rise to beyond their potential and create beauty.

Goodwill Loans To Bad Risk People

admin65 Comments

Hello there, I’m hoping to get some insight into a small problem I’m having with a good friend.

I loaned my good friend around $500 in January. We’ve been friends for years and she’s normally very responsible and a loyal friend. The job market for her field isn’t the greatest, so when she was job searching last autumn, she was only able to find a job that gives part-time hours to new hires. I loaned her the money, and she assured me that she’d pay me back within two months, once her situation evened out and she accrued more hours. My husband and I had no problem with these terms.

That was a few months ago. She paid me a small sum of money in February, but she still owes me a few hundred dollars. In the past few months, she’s flown across the country for a weekend trip and then invited me on another trip she’s planning in a few months. She’s also posting pictures rather often on Facebook when she’s out at bars, restaurants and clubs. I have no problem with her having fun, but I know that going out twice a week can get expensive, especially if you factor in dinner and a cab ride. When we talked about her paying me back (one month ago and then a week ago), her reasoning is always the same; she said she still needs to get her finances in order and she’s really embarrassed that she owes me money.

I guess I’m feeling a little judgemental that she’s “living the high life” (or at least giving the impression on social media), but still owes us hundreds of dollars. We are trying to save up for a down payment on a house, and right now, every penny and every point on our credit score counts. I’m just not sure how to address it with her that I think it’s inappropriate that she’s spending all of this money and still owes us. I know it could always be worse, it IS only a few hundred dollars, not thousands, but it’s also the principle of the matter. But I don’t know what to say to her that expresses that the grace period has come and gone, and we’d like the money back based on the terms we agreed to.

Thanks so much for any insight 🙂 0427-15

You should accept the fact that you will never see that money again, write it off as a lesson learned and never, ever loan this person money or anything of tangible value to her again.