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Can I still go to court?

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jmeloow

Junior Member
What is the name of your state? CA

A girlfriend moved out of my apartment and stole property from me in the process. She was given an ultimatum to return the property before a certain date or I would file small claims. She did not return the property and I filed, and also paid to have her served documents.
After filing, and before she was served, she returned the property by UPS.

There are a couple questions here...

Even though the property has now been returned, can I still take her to court to reclaim filing fees and service fees? I am out about $150.

Also, I initially filed the claim as petty theft for a certain amount. Now that the property has been returned is there something I need to do to adjust the claim or is it something I can simply explain in court?

I feel kinf of silly that I still want to go to court after getting my property back... but I don't feel that I should be out the fees that I paid after giving her an ultimatum to return it by a certain date... shoot, she stole the stuff in the first place... I feel I am justified. I just don't know if I can go into court and ask for court costs when there is no other judgement left to make.

Comments are appreciated =o)
 


I AM ALWAYS LIABLE

Senior Member
jmeloow said:
What is the name of your state? CA

A girlfriend moved out of my apartment and stole property from me in the process. She was given an ultimatum to return the property before a certain date or I would file small claims. She did not return the property and I filed, and also paid to have her served documents.
After filing, and before she was served, she returned the property by UPS.

There are a couple questions here...

Even though the property has now been returned, can I still take her to court to reclaim filing fees and service fees? I am out about $150.

Also, I initially filed the claim as petty theft for a certain amount. Now that the property has been returned is there something I need to do to adjust the claim or is it something I can simply explain in court?

I feel kinf of silly that I still want to go to court after getting my property back... but I don't feel that I should be out the fees that I paid after giving her an ultimatum to return it by a certain date... shoot, she stole the stuff in the first place... I feel I am justified. I just don't know if I can go into court and ask for court costs when there is no other judgement left to make.

Comments are appreciated =o)


My response:

You bet you can, and you should. You're entitled to your costs. As a matter of fact, you have the best evidence a Plaintiff could have - - you have the box and the shipper, showing where the "stuff" came from - - her!

That's called an "admission against interest". What that means to you is that she doesn't have a defense!

IAAL
 

jmeloow

Junior Member
darnit

Well... I wasn't smart enough to keep the box.... but she left something just as good. She included a packing slip that listed the contents of the box.

I agree that I am entitled to my costs... just feel silly going to court asking just for that. I am also wondering if I need to adjust my claim in any way or if it is ok to just go to court and explain that things have changed since I filed.

Thanks for the response.
 

I AM ALWAYS LIABLE

Senior Member
jmeloow said:
Well... I wasn't smart enough to keep the box.... but she left something just as good. She included a packing slip that listed the contents of the box.

I agree that I am entitled to my costs... just feel silly going to court asking just for that. I am also wondering if I need to adjust my claim in any way or if it is ok to just go to court and explain that things have changed since I filed.

Thanks for the response.


My response:

Good. The packing slip with her address on it will do very nicely.

When you're at the podium, or desk, and after the judge says, "Good morning", you'll chime in and say, "Good morning, Your honor. I need to amend my complaint. I need to amend my claim for damages down to $150.00." After the judge asks why, you'll briefly explain, and your wish will be granted. Then the case begins.

IAAL
 

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