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I bought a phone and have since let my minor cousin use the phone. Her mother has taken the phone and I told her that it is my property and needs to be returned to either me or her daughter or I will report it stolen. I specified from the start that her daughter could use the phone for any instance unless I (a) took it back, or (b) anyone else tried to take it from her; because I bought it and I have the receipt for it and it is mine. I especially didn’t want her mother or step father to take it for their own personal gain, which they have done in the past. Again, the phone is MY property. I said her daughter could use it under my rules.

Michael
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ivy storm russell
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2 Answers2

7

Your cousin's mother is entitled to restrict what items her minor child can access (in this case, your phone). So you cannot insist that she return your phone to your cousin but you can insist that your phone be returned to you, as at no point has it ceased to be your property.

Michael Hardy
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Michael
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3

As guardians, your cousin's parents may take away property from their child. However, under the terms of the bailment, they must immediately return it to you if they do so.

In Hoc Signo
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