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Bonehead gets computer stolen by ex

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exessuk

Guest
What is the name of your state? New York

OK I'm an idiot, a trusting one but an idiot. I split with a girl whom I had lived with for about six months. When we were together I bought a computer for $2600.00, and she put it on her credit card, because I have none. The agreement was I would make the payments and all would be fine. When we split there was a bit of worry on her part that I would take the computer and not continue paying so she boxed everything and stored it.

After many weeks of reassurance and further payments she agreed to let me use it while I was paying. So the computer was back in my possession. I then was laid off my job and was unable to make regular payments for a few months.
But I gave what I could every time I got money and kept her informed. We still were seeing each other regularly, sort of dating.

I had moved to a friends house temporarily while getting ready to moved to a new city. All my things were stored there and the computer was in my room. I found a job within a month and was able to continue payments but I couldn't reach her over the holidays and now to my shock and horror I find that the 'friend' gave up my computer to her after she came over to ostensibly just visit and soon began whining and getting emotional, saying she couldn't sleep because of the $800 dollars still owing on the computer. Having manipulated it back into her possession she then proceeded to sell it and now refuses to pay me the difference, $1800.(which I don't even want - I want the computer and my files!) She then bragged about going through all my files and and what whe found there! There was also an extra hard drive that I had installed and all my software. Although it is common knowledge that it was mine and far more than half paid. I don't think she will dispute that as incorrigible as she is, but after this...? And of course she refuses to tell me who she sold it to, though it is likely to someone in her family.

What are my legal grounds. I don't even have a receipt!
Yours truly, Bonehead who trusted a women in New York:(
 


BL

Senior Member
Unless she admits it (if) you sue her, NONE !!

No money, no PC ...

Definitely no PC . Small claims are for money damages ..
 
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exessuk

Guest
nick

Well, if not small claims then what? Theft? She has a receipt in her name. I'm up the creek without a paddle, and out 1,800 bucks, while she laughs. Expensive lesson, what a world where you can't trust anyone to do as they promise.
 

JETX

Senior Member
There is no real solution to your problem. Bottom line is that you have a claim for damages that you can't prove.

However, all may not be lost. If you really want to pursue this, file a small claims action against her for the moneys you paid and the 'damages' (the actual cost of the hardware improvements..... I doubt you would prevail in a claim for loss of the data).

Have your friend show up in court with you to show that she took the computer and under what circumstances. The fact that YOU had possession and can claim to have made payments (even periodic ones), could be viewed by the court to support your 'story'.
 
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exessuk

Guest
Thanks JETX for the advice and the first positive thing I've heard since this mess began. I'll be filing a case soon, is there anything I could do to somehow document the fact that I paid, perhaps get the her to admit it to the cops or record her on the phone legally?
 
exessuk

How were you making these payments to her? By check I hope? Or were you giving her cash? In this kind of circumstance I would have kept some kind of record. Good Luck!!
 

JETX

Senior Member
"is there anything I could do to somehow document the fact that I paid"
*** If you don't have contemporaneous records of your payments supported by check (or bank or ATM withdrawals), you might consider sending her a certified RRR letter demanding the return of the computer or the funds. In your letter, be sure to DETAIL the payments you did make. Close with something like, "If you dispute the ownership or payments that I made, contact me in writing within 10 days of receipt".

If she doesn't contact you, some courts MIGHT accept that silence as agreement. If she does contact you, at least you will know what HER arguments are.
 

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