Can't get video back

What is the name of your state? WA

My dd is a gymnast and her former coach requested a video tape from some of her meets to put into a video movie for a banquet. We left that gym in Jan. 2004, requested that video back 3 times, and have not yet heard from her. She's not a "friend"..and is very hard to deal with on all levels. Normally I'd chalk it up to the "never give out personal items" moral and get on with it, however, that video is now priceless to me. It has some personal memories of my son, who is very ill now. He was okay at the time of the taping, and I will never have that part of him back. It will never happen again, and I would like to have the video back for the memories of him, alone.

So, my question is: I'm sure I won't be able to get that video back, as she has evaded every demand we've made to get it back...can we file in small claims court for the amount the video is worth? If so, how do we determine that amount? I'm hoping the threat of court will prompt her to see the light, but if not, I'd like to know where to go from here. Thanks.

can we file in small claims court for the amount the video is worth? If so, how do we determine that amount? I'm hoping the threat of court will prompt her to see the light, but if not, I'd like to know where to go from here.

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You file for the jurisdictional limit of your Small Claims Court, which is $4,000 in your state. You don't have to explain the basis of the evaluation until you get to court. If it comes to it, you explain that you valued it at the most the court could award and you explain why. The court will award something like $5 to $20, the cost of the blank tape and something extra for its incalculable personal value and that's it. Not trying to treat your problem lightly - very serious - but if you can't ascribe a value, the court can't, and anything above the retail value of the blank tape will be discretionary. However, if you're trying to scare her, $4,000 might do it.

As an alternative, here's a link to another post on this site, today. It concerns replevin, which is a rememdy that you can pursue to recover personal property. However, you can't pursue it in Small Claims Court, so you must hire an attorney.
https://forum.freeadvice.com/showthread.php?t=287907

Then there's the remedy of "self-help", defined as "hire a really big guy to go and take it from her." This is a valid, legal remedy, so long as you don't break the law while helping yourself. It's a remedy that's not broadly endorsed.

One other approach would be to write a letter to her explaining the personal value and importance of the video. Explain that it is of such importance that you're contemplating legal action to recover your property, because her retention in the face of demand now amounts to conversion. (In actuality, it would appear to under your statutes, but it's added here for shock effect.) Propose that, rather than everyone end up in civil court or that there be a criminal complaint, you give her $10, she gets the tape copied and you each keep one copy (if you're comfortable with her having one - of course, you can make the offer contingent on any use restriction that you choose).

mybooboo said:

requested that video back 3 times, and have not yet heard from her.

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Just curious... how have you made these requests??
If not written, I suggest you send her a very nice POLITE letter requesting the return of your video.... including how important it is to you. Give her some story about your family coming in in two weeks and that you would really, REALLY like to have it by that time.

Then, if you don't get it.... file as advised by dcatz for the full jurisdictional limit and let the court handle it.