Computer Fiasco

[Thanatos]

What is the name of your state (only U.S. law)? Houston, Texas

So my boss at my old job also ran his own computer company. He has a ton of extra computer parts. So for $1,000 he said he would build me a really good computer that would have been worth more than what I was paying. He used to run his own business and is supposedly doing so now as well (he's not my boss anymore, he went into business for himself).

So I gave him the money and he built me a computer. It ran for a week and started to have problems and he said he would fix it and get a warranty replacement for the motherboard and/or ram, once he figured out what the problem was.

Queue personal problems in his life. 3 months later he finally got tired of me pestering him to return the computer, broken or not, just so I had it. He said he set it out by his mailbox and left it there and I could come pick it up, except, he wouldn't give me his address to do so.

I didn't get any kind of written contract between us, but I always had 2 witness available for every transaction. Yes, I know that was stupid. I misjudged his character.

Is this a civil matter where my only choice is to sue him in small claims court or can I file a police report on this for theft or fraud?

Thanks!

 

[tranquility]

While there is a potential crime involved for not returning your computer, the police are not going to solve this. Any remedies you have are civil.

 

[Zigner]

This is a civil matter. Sue the bad guy in small claims court.

 

[Thanatos]

I would have thought it was a crime for him to have taken our property and not returned it.

Though I figured to get recompense I'd have to sue.

Should I file a police report?

 

[Zigner]

I would have thought it was a crime for him to have taken our property and not returned it.

Though I figured to get recompense I'd have to sue.

Should I file a police report?

You contracted with him to do something. He has not done it. It's a civil matter.

Sure, you can attempt to file a police report, but they will likely refuse, since this is a civil matter.

 

[Thanatos]

Okay.

So if I take him to small claims, is the only recompense I can get the basic cost of the computer?

 

[swalsh411]

Why would you think you would be entitled to more than that?

 

[Thanatos]

I wasn't sure if I had grounds to sue for more or not because of all the time he's had this computer and all the trouble and hassle I've gone through to try and get it back.

That's why I asked.

a simple yes or no would have sufficed. Because that remark comes off snide to me.

 

[Zigner]

I wasn't sure if I had grounds to sue for more or not because of all the time he's had this computer and all the trouble and hassle I've gone through to try and get it back.

That's why I asked.

a simple yes or no would have sufficed. Because that remark comes off snide to me.

It's a valid question. You could have had some sort of agreement with him that would have allowed you to sue for more. It's apparent that you didn't, but it was a possibility.

 

[tranquility]

While I agree this is a civil matter, Zigner, aren't you the one who always brings up criminal conversion? Why not now?

 

[Zigner]

While I agree this is a civil matter, Zigner, aren't you the one who always brings up criminal conversion? Why not now?

I bring up conversion in general. This matter doesn't seem to fit the bill for that. We have no apparent "intent to deprive" IMO

 

[Thanatos]

I didn't say it wasn't a valid question, just how it came off.

and I see where you were going with the question and you're right, there were no additional agreements or anything.

Thanks to everyone who gave me advice.