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bmitchell

Guest
What is the name of your state? Texas

I was in the process of building my own computer from the ground up. I bought everything it needed and then build it as far as I could. I then gave it to a friend to help me finish it. He had it about a month, then I tried to contact him to get the status and have had no luck. I called several times and got no response back. Suddenly, his phone was disconnected. I have emailed him several times and no response. Since his phone was disconnected, I have reason to believe that he has moved. Therefore I don't have a current address on him. Since this incident, I have reason to believe that everything he told me was a lie.

He did pop up on Yahoo IM last week and when I told him I needed to get my computer, his response was "today is friday, let's talk business on Monday". Well, Monday has come and gone. I am a college student who can't afford an attorney for legal advice.

Please help.
 


B

bmitchell

Guest
I wan to know if its possible to still go to small claims court if I don't have any current information on him?

Bmitchell
 
O

oberauerdorf

Guest
Listen B, you have more problems than you know of right now.

1. prove the computer is yours.

2. prove you gave it to this 'friend'.

3. prove there was an implied contract to fix the computer.

4. prove the computer was not returned to you.

Are you now beginning to see where you stand?
 
M

mreman

Guest
Try to catch him online and make sure you have AIM logging on. then try to get him to admit he has the computer, where he lives, and the reason he is not returning it.

Or else pay a PI to track him down.
 
O

oberauerdorf

Guest
Try to catch him online and make sure you have AIM logging on. then try to get him to admit he has the computer, where he lives, and the reason he is not returning it.
Click to expand...
O.K. M, and can you tell me the problem with doing this and then taking the transcript into court?
 
I

I AM ALWAYS LIABLE

Senior Member
mreman said:
Try to catch him online and make sure you have AIM logging on. then try to get him to admit he has the computer, where he lives, and the reason he is not returning it.

Or else pay a PI to track him down.
Click to expand...

My response:

Yeah, that's gonna happen - - A thief voluntarily giving up his location . . .

And, what world do you live in?

Also, you expect him to pay $600.00 to a P.I. to get a location on the thief, to have "a chance" in court to get a judgment for $600.00?

Yeah, that makes sense.


IAAL
 
M

mreman

Guest
SHouldn't be a problem..it is determined that if someone has access to your IM account they need your UN/PW and therefore the court can assume it was you. Same way e-mail transcripts can be used.
 
M

mreman

Guest
I AM ALWAYS LIABLE said:
My response:

Yeah, that's gonna happen - - A thief voluntarily giving up his location . . .

And, what world do you live in?

IAAL
Click to expand...
Well they were "friends" therefore it is not unreasonable for him to try. Also, his friend stated it was buisness, which leads us to assume they have some sort of agreement.
 
I

I AM ALWAYS LIABLE

Senior Member
mreman said:
Well they were "friends" therefore it is not unreasonable for him to try. Also, his friend stated it was buisness, which leads us to assume they have some sort of agreement.
Click to expand...

My response:

Yes, apparently they "were" friends. But, it doesn't look like that now. Business or not, how are you going to prove THAT if you can't locate the thief? And then, once you do, after spending big money on a skip search, how are you going to prove - -

1. prove the computer is yours.

2. prove you gave it to this 'friend'.

3. prove there was an implied contract to fix the computer.

4. prove the computer was not returned to you.

Questions by: "oberauerdorf"


IAAL
 
M

mreman

Guest
Like I said..he needs to get him to admit it some form of writing. an IM conversation works well for that. IM and e-mail are considered telephone conversations and therefore the same laws apply to them, meaning that they hold the same weight as a face-to-face conversation. Except that you can PROVE what was said witht he logs...how do you think police build up eveidence of intent to commit murder, fraud etc from people who meet others on the internet?

http://law.richmond.edu/jolt/v8i3/article17.html#h4

As to how he plans to prove the computer is his..he should have all the reciepts and boxes which should allow him to ID enough parts via serial number or part number.
 
I

I AM ALWAYS LIABLE

Senior Member
mreman said:



Like I said..he needs to get him to admit it some form of writing.

====================================

My response:

Look, I'm not disputing the evidentiary efficacy of IM's or E-Mail. I'm disputing the REALITY of your above statement! And, of course "he needs" an admission. We're not disputing that either. But, if you were a thief, would YOU give out YOUR location?

Please pal, we know what this is going to take - - evidentiary luck, or money.

IAAL
Click to expand...
 
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B

bmitchell

Guest
All I have are receipts for all the things I bought and I have the boxes that they belong in. Thats it. Also, I have that last conversation we had online. I printed that out. But he doesn't admit to having the computer. He just stated that we would talk business on Monday.
 
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