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I entered into a business deal with someone to take some of my furniture to slipcover. The deal went bad and I fired this person after a few days so the slipcovers were never made. They made an attempt to return my furniture once but it was completely destroyed so I refused to accept it thinking if i accepted my destroyed furniture that might mean that legally i was giving up my rights to damages and saying it was fine as is. soon after i filed a case in small claims for damages and asked for my property back, but I have still not received my furniture nor will the person even tell me where it is. At what point does failure to return my property become theft?