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Do I have a case?

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Leinalani

Member
What is the name of your state? Hawaii

Recently my roommate and I had to move out of my apartment quickly and because of a medical emergency (not my own, a family member), I had to travel the very next day. Because of lack of time, I had entrusted in my roommate some of my belongings and we both agreed that when I returned I’d get all of my belongings from him.

Upon my return, I contacted my roommate and asked for my belongings back. He was hesitant to return them then ultimately said that he had “dumped” them. He refused to tell me where he had “dumped” my belongings. Not knowing what to do, I filed a police report. Through research made by the detective, no criminal charges were made since the allegations for 2nd degree theft could not be proved but the Detective did advise me to file a civil suit.

Since I can’t recover any of my lost items I want to file a civil suit against him for the amount of my loss (a little less than $3,000 plus court fees). I currently have witnesses as to what was put in his possession, witnesses to the verbal agreement we had saying that he’d care for my possessions and return them, receipts for the major items he “dumped” and evidence/witnesses to him not wanting to return my belongings. I will have in my possession a copy of the police report stating that he did “dump” all my belongings. I do not have pictures of any of the items as my pictures were in his possession.

Am I missing anything in this case? Do I even have a case?

Is there anything else I should be looking at to make my case stronger if I do, in fact, have one?

Please give me your opinions, if any, on what I should do at this point.
 


JETX

Senior Member
Sorry, but without an extensive and complete review of all the facts, there is no way that anyone can even guess whether you are 'missing anything'.

Simply, file your case, appear in court when scheduled and present ALL of your evidence. Bring witnesses (not statements). The court will then decide who 'wins'.
One more thing... if you do 'win', you will then get the extreme joy of trying to ENFORCE the judgment against your friend. That is often much harder then simply getting the judgment.
 

Leinalani

Member
How would I enforce?

So say, hypothetically, I win the case. Now i'm faced with enforcing the judgement. How would I go about doing that?

Would he be in contempt of court if he refuses to pay?

Would he be held legally liable for the judgement?

Would I be able to put a garnishment on his pay? :confused:

Thanks
 

JETX

Senior Member
Leinalani said:
How would I go about doing that?
There are several legal processes available to a judgment holder in order to try to collect their judgment.
I would suggest you first start by trying to locate the book

'Hawaii, How to Win and Collect in Small Claims Court'
ISBN: 1886490503
Format: Paperback, 80pp
Pub. Date: August 1995
Publisher: The Law Book Store

Would he be in contempt of court if he refuses to pay?
No.

Would he be held legally liable for the judgement?
Yes.

Would I be able to put a garnishment on his pay?
Yes. Wages in Hawaii can be garnished.
 

Leinalani

Member
Thanks for the reference

JETX -

I tried looking for the book online but can't find. I used the ISB and it came up, 'Hawaii at War'. I might have to ask a friend to look through the law library here to see if he can find the book but would you recommend any other book?

Thanks :)
 

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