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Criminal Mischief- Destruction of Property

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B

BSanders

Guest
What is the name of your state? Texas

Here is what is going on. My boyfriend and I lived together for over a year. He took a job in Oklahoma, at the beginning of June and took my lap top computer with him. He came home for a week to visit (6/20-6/27), and brought the computer home with him, I asked him to leave the computer, but he took it with him regardless. Upon returning to Oklahoma, he told me I needed to find another place to live, that we were ending our relationship. I asked him to ship the lap top computer back to me, and I would pay for shipping. He refused, and told me I would receive my lap top computer when he returned to town on 7/19. I moved out of the house. We made arrangements for me to pick up the lap top computer on 7/19. When I met him to pick it up, accompanied by my father he was very aggressive and stated I would not be receiving the computer back. Arrangements were then made again on 7/20 to pick up the computer. At this time, he was not present. His mother delivered the computer. I checked the computer in front of my father, his mother, and stepfather. They were made aware that the computer was not in working condition. His mother stated that when she had visited him the previous weekend she played Solitaire on the computer, and it was fine. I told her I would have it looked at. On 7/21 I took the computer to a computer technician. The computer was maliciously vandalized. A knife was taken to the system boards and a screwdriver was taken to each individual slot. The system is un-repairable. The hard drive could be salvaged and the Internet history was printed and saved. On 7/20 from midnight-2:00 am he spent hours on pornographic web sites. On 7/21 at 3:00 pm I took possession of the computer and it no longer worked. I believe I can receive Affidavit's from Roadrunner Houston, which will trace Internet activity to the ip address at his house. He tried to claim that the airline damaged the computer, but the hard drive records prove otherwise.

When he had my property, I feel he was responsible for returning it to me in the condition he received it. Do I have a case for criminal mischief and civil replacement of the system? I believe this would be a small claims court filing. Do I have any leverage?
 


H

hexeliebe

Guest
This is a small claims issue depending on the max amount that you are allowed to sue for in the small claims courts where the computer was returned to you.
 

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