Return of a TV / Contract

[erikill]

What is the name of your state (only U.S. law)? Georgia

I loaned my t.v. to a significant other at the time in another state. She signed a contract stating that the tv would be replaced with an equivalent sized tv if it was lost or stolen. We ended up breaking up and she decided to pay me for the tv instead of returning it. She sent me payment over Paypal using an Amex. About a month later she decided to dispute it claiming she never received the item (which I personally helped her drive it up there). Amex ended up siding with her on this situation.

My question is what are my options at this point? I'll take the tv back as is, but I spoke to a police officer who stated it was not larceny, but rather unauthorized use. Is there any other avenues other than small claims at this point? I would assume that I would need to file the claim in my state and then have proper service in her state? Any other suggestions?

 

[justalayman]

I would assume that I would need to file the claim in my state and then have proper service in her state? Any other suggestions?

you would need to file in her state, not yours; Most likely in the county of her residence.

 

[erikill]

you would need to file in her state, not yours; Most likely in the county of her residence.

That's my only concern is adding the travel costs back into the requested amount, unless you can do it via mail (I have not called the magistrate yet).

Also her brother is an attorney who is being very hostile and said to not contact her or he'd try and get a harassment / restraining order on me. I was figuring writing a certified letter demanding payment would be not in that realm and say look this is silly let's resolve this civilly without court.

 

[justalayman]

You aren't going to get travel costs.

If there is no restraining order, sending a demand, that is strictly limited to the issue of the TV should not be seen as harassing. I don't know what other communications you have had with her so I cannot say with any assuredness either way though.

Generally sending a demand letter before filing suit is a good idea.

 

[erikill]

You aren't going to get travel costs.

If there is no restraining order, sending a demand, that is strictly limited to the issue of the TV should not be seen as harassing. I don't know what other communications you have had with her so I cannot say with any assuredness either way though.

Generally sending a demand letter before filing suit is a good idea.

That's what I figured, I'll just have to plan a visit to some friends to make it worthwhile. Could I not file in my local county and have service to her address in the other state? The tv was "loaned" from GA.

I've consulted a family friend regarding that threat about harassment, and from what I've done (2 emails) doesn't count. But I did think the demand letter would show that I've tried with reasonable attempt before presenting to the court.

 

[justalayman]

your state does not have personal jurisdiction over the ex. You file in your state, she answers with no jurisdiction, filing fees non-refundable.

(which I personally helped her drive it up there).

sounds like you delivered it to her residence anyway.

 

[erikill]

your state does not have personal jurisdiction over the ex. You file in your state, she answers with no jurisdiction, filing fees non-refundable.

sounds like you delivered it to her residence anyway.

Ok - thanks for the clarification. I wish it was easier to just call the police to get it back if I'm driving up there (1 trip instead of 2), but they mentioned its a civil matter, and not larceny (unauthorized use is what they said). I guess I'll try the demand letter first, then if no dice plan my trip. Thanks for the advice.

 

[Zigner]

I am curious - what type of TV was it? Size? Age?

 

[erikill]

I am curious - what type of TV was it? Size? Age?

It was a 42" plasma, about 1.5 yrs old it's not a ton of money, but significant enough that it stings some

 

[Zigner]

It was a 42" plasma, about 1.5 yrs old it's not a ton of money, but significant enough that it stings some

I'm sorry to burst your bubble, but you will NOT be entitled to a new TV (or the cost of a new TV). I think the amount you are talking about is going to be significantly lower than even what you think it is.

 

[erikill]

I'm sorry to burst your bubble, but you will NOT be entitled to a new TV (or the cost of a new TV). I think the amount you are talking about is going to be significantly lower than even what you think it is.

Even if the contract explicitly stated she would provide a new equivalent 42" television (which is the amount we agreed upon)? I was basing the value she paid me on what a new one would cost rather than what I paid.

 

[justalayman]

Even if the contract explicitly stated she would provide a new equivalent 42" television (which is the amount we agreed upon)? I was basing the value she paid me on what a new one would cost rather than what I paid.

that's not what you said in your first post:

She signed a contract stating that the tv would be replaced with an equivalent sized tv if it was lost or stolen.

First, there is no "new" in that statement. At most, you will be owed the current value if the TV. Second, your contract states if it is lost or stolen. It is neither. Your contract has nothing to do with this situation.

 

[erikill]

that's not what you said in your first post:



First, there is no "new" in that statement. At most, you will be owed the current value if the TV. Second, your contract states if it is lost or stolen. It is neither. Your contract has nothing to do with this situation.

Sorry - I paraphrased the contract. The amount she sent was a current FMV (based on ebay) which is all I wanted. For all intents and purposes she is refusing to return the tv, would that not be considered stolen? I have requested it back and she's refused, what would that be considered then?

 

[xylene]

Go with what is important - MONEY

Sorry - I paraphrased the contract. The amount she sent was a current FMV (based on ebay) which is all I wanted. For all intents and purposes she is refusing to return the tv, would that not be considered stolen? I have requested it back and she's refused, what would that be considered then?

She reneged on her payment

Simple as that.

Stop stressing the TV.

You won't get the TV.

Sue her for the amount she paid you, and then falsely disputed.

There is no crime.

Only a civil dispute.

You will not get more money than that. If that mount does not make it worthwhile, the case is not worthwhile.

 

[justalayman]

erikill;2561626]Sorry - I paraphrased the contract. The amount she sent was a current FMV (based on ebay) which is all I wanted.

FMV is not the cost of a new one. FMV is what you would be entitled to, if you prevail

For all intents and purposes she is refusing to return the tv, would that not be considered stolen?

You know that is not what the contract is addressing. Besides that, if what she is doing is considered theft, the police would have taken care of the problem.

I have requested it back and she's refused, what would that be considered then?

I do not know why she has refused to return the TV. I would suggest her input would be required before being able to answer your question.