Received summons being sued for return of 2 loaned photos. How should I return these and end lawsuit?

2 photos were loaned to me for me to make copies and return. Unfortunately, I procrastinated and did not return the photos. I wish that I had been called, but instead received summons that I am being sued Pro Se for there return. I would like to return, but what is best way to return and respond to lawsuit. I live in California but lawsuit filed in Marion County, In
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Answers (3)

Pamela Koslyn

Pamela Koslyn

Contributor Level 10
Return the phots to the owner now without further delay. Under CA law you don't get your legal fees for conversion cases, so maybe that will end it. But if under IN law there are oter remedies available for conversion, or if this case is for additional claims, you still need to defend the case to avoid getting a judgment against you. Maybe there isn't a case filed or maybe the IN court doesn't have jurisdiction over you here in CA, and the Summons you got was just drafted to warn you. Anyway, return the photos and hire a lawyer immediately to review and respond to the lawsuit, if it's actually pending.

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
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Steven Alan Fink

Steven Alan Fink

Contributor Level 8
I would call the plaintiff and tell him you want to return the photos on condition that he dismisses the lawsuit and you do not owe him any money. If he agrees, confirm the agreement in writing and then send him the photos registered mail.

Disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.
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Hubert H Kuo

Hubert H Kuo

Contributor Level 3
You should contact the pro se plaintiff and offer to return the photographs and make sure you obtain a release.
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