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Cell Phone Hijinx

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mdem_10

Junior Member
What is the name of your state? ND

Hi, iam 19 years old, and about two weeks ago i hung out with a friend, i planned on staying the night at her house, so anyways about midnight we went to a party and they were drinking, and i was getting bored because i wasnt interested in drinking that night so i left and went to her house and fell asleep on her bed, i put my belongings (cell phone, hat, keys, wallet) beside her bed, this was about 4:30am, then about 6:00am she came back and brought two guys over and they came in her room and were being loud, so i went to sleep in the living room.

In the morning i went to get my stuff and leave to do my errands for the day, my cell phone was missing, taking quick action i contacted those two guys, but they already have cell phones but i figured since i do have a quite fancy phone (LG VX7000) they would do it. i reported this matter to the police, but after that i deactivated my phone and used my other friends phone since his service was cut off, a couple days after this event, i heard from a few of that girl's relatives that she had my phone and put it under her own account, this baffled me yet it made sense at the same time, as she had no phone at the time because her previous was broken, then "magically" after my phone was stolen she got a new phone, and further more i bought a high-tech replacement phone for my old phone. (LG VX8000) But i want to get to the point, can this be both a criminal and civil matter?, i did not want to buy a 300$ replacement phone only for my "friend" to have my other one for fre, and further more she lied to me and stated that those two guys took it, and even more stupid of her is that i have the serial number and she put that phone on her own cell phone account

Summary: Stupid friend stole my cell phone and was stupid enough to put it on her contract, and i was stupid enough to buy another phone, can i get her for stealing and sue her for the amount that i paid for the phone i recently bought?
 


Happy Trails

Senior Member
mdem_10 said:
What is the name of your state? ND

Hi, iam 19 years old, and about two weeks ago i hung out with a friend, i planned on staying the night at her house, so anyways about midnight we went to a party and they were drinking, and i was getting bored because i wasnt interested in drinking that night so i left and went to her house and fell asleep on her bed, i put my belongings (cell phone, hat, keys, wallet) beside her bed, this was about 4:30am, then about 6:00am she came back and brought two guys over and they came in her room and were being loud, so i went to sleep in the living room.

In the morning i went to get my stuff and leave to do my errands for the day, my cell phone was missing, taking quick action i contacted those two guys, but they already have cell phones but i figured since i do have a quite fancy phone (LG VX7000) they would do it. i reported this matter to the police, but after that i deactivated my phone and used my other friends phone since his service was cut off, a couple days after this event, i heard from a few of that girl's relatives that she had my phone and put it under her own account, this baffled me yet it made sense at the same time, as she had no phone at the time because her previous was broken, then "magically" after my phone was stolen she got a new phone, and further more i bought a high-tech replacement phone for my old phone. (LG VX8000) But i want to get to the point, can this be both a criminal and civil matter?, i did not want to buy a 300$ replacement phone only for my "friend" to have my other one for fre, and further more she lied to me and stated that those two guys took it, and even more stupid of her is that i have the serial number and she put that phone on her own cell phone account

Summary: Stupid friend stole my cell phone and was stupid enough to put it on her contract, and i was stupid enough to buy another phone, can i get her for stealing and sue her for the amount that i paid for the phone i recently bought?
You can't sue her for replacement value. You might be able to prove in a small claims court that she owes you for the phone, but you can only sue for the value of the phone at that time when she took it.
 

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