Should i take this to small claims court?

Question

My friend borrowed my camera and i told her to give it back to me the next day. She did'nt or thenext day or the next day and so on. now like 2 months later i need my camera back and she says her sister threw it out the window and the she couldn't find it. i still don't have it back and i've been calling her and stuff asking for my camera she still hasn't given it back or paid for it. its not like i had her sign that in the event she would break/lose the camera she would have to replace it but almost everyone in my school knows she stole it!!!!!!!! plenty of witnesses!!! Total it costs about $230.00. should i get the police involved (robbery) or take her to small claims court to replace it? what would you do???

Answer 1

I would take her to small claims court because when you borrow something it is considered common sense in the courts eyes to pay for replacement in the event you cannot return the item. Also before your court date find the exact camera on the internat and print out a quote to replace the camera also if you have the original receipt take that! Thats how the judge will determine how much she rewards you.

Answer 2

Don't bother the police with it at this point.  Just take her to small claims court to get the money to replace it.

Answer 3

First of all...it wouldn't be "robbery" but a "Theft of Property."

You should get a police report completed and then take the person to court.

The police will interview witnesses and if you win the case is court....you'll get "restitution" for payment of your camera.

Answer 4

first off this isnt criminal you gave the camera to her . this would at best be small claims court.  the only problem is her word against yours and no signed contract.  

she didnt steal from you. stealing is taking without permission you gave her permission.  have your parents call her parents and ask for it back. otherwise your out a camera. learn from this and never loan out expensive stuff

Answer 5

I would tell her to either come up with the camera, pay you the full purchase price for it or you will report it to the police.

Answer 6

Tell her to once again to return your camera to you, let her know that if she doesn't that you will have to let your parents know that she hasn't returned your camera.  Then let her know that your parents are going to ask her parents for your camera to be returned to you, and if that doesn't happen your parents will have to take her parents to small claims court.

If she still doesn't return your camera talk with your parents, and have them file a police report for your camera, since she didn't return it its now stolen.  Your parents will need to have the police report when you go to court to show the judge the costs of the camera and the fact that it was stolen by her.  Make sure when you file a police report that your parents put down exactly what the camera costs, no more no less.  I say this about your parents if you are under age, since you wouldn't be able to take her to small claims court your self.

Then after they file a police report your parents can take her parents  to small claims court.  One more thing if you have the sales receipt for the camera where it shows when the camera was bought as well as the price, bring it with you to court.  Also If you have any witnesses that saw you loaning the camera to her, see if they will come to court as a witnesess for you.

Please be aware that if they don't have the camera the Judge will give you what is called a depreciated value for the camera.  In other words, if it is older the Judge will not give you the full amount of what you paid for the camera.  The reason being is that the camera gets older as each year goes by so that the cost goes down with each year.

You have learned one of the hardest lessons that we as people can learn in life, that is not to loan any thing to any one.  Its better to never loan things or even money to people, unless you can aford  not get it back your money or property.   Most people have the whats mine is mine idea as well as the whats yours is mine attitude.  Meaning they don't want to give back what you loaned to them.  Do not borrow any thing of value to any one its better that way.  Learn to say no, I'm sorry but I don't have it to give to you.  Or I don't loan things or money.

Answer 7

The police have no say in this issue. You loaned it to her with the intention that she returns it. This means that you have a verbal contract with her. Therefore it is not a crime. On the other hand though she has broken the terms of that contract and therefore she does owe you the price of the camera. If you dont have any use for the friendship then you can sue her in small claims court provided that she is not a minor. If she is under the age of 18 then you will have to go after the parents too. I think if you bring it to the attention of her parents then the issue will be corrected if she is under 18. The friendship is porbably doomed though.,