Legal Question - HELP URGENT

jsenato · Feb 1, 2006

I am the defendant in a small claims case. The plaintiff has proof that I damaged his laptop. The laptop is 2 1/2 years old. He wants me to pay him close to what it costs new ($1300) or buy a new laptop close to what it cost him new. I can find the same model of laptop used and working on ebay for under $400. I can also find new laptops exceeding his laptop's specifications for below $600. I talked with him to settle out of court, but he insists on gouging me. Can I be off the hook for buying a used laptop of the same model and having it inspected to proof it's in working order? Would I be off the hook if I bought a better laptop than his even if he refuses to accept anything but the most over-priced? Am I required to replace it with something from a local store or can I use something from the internet that costs much less? I would also like to convince him to take the amount dispute to arbitration rather than court. I live in the state of Arizona.

BL · Feb 1, 2006

jsenato said:
I am the defendant in a small claims case. The plaintiff has proof that I damaged his laptop. The laptop is 2 1/2 years old. He wants me to pay him close to what it costs new ($1300) or buy a new laptop close to what it cost him new. I can find the same model of laptop used and working on ebay for under $400. I can also find new laptops exceeding his laptop's specifications for below $600. I talked with him to settle out of court, but he insists on gouging me. Can I be off the hook for buying a used laptop of the same model and having it inspected to proof it's in working order? Would I be off the hook if I bought a better laptop than his even if he refuses to accept anything but the most over-priced? Am I required to replace it with something from a local store or can I use something from the internet that costs much less? I would also like to convince him to take the amount dispute to arbitration rather than court. I live in the state of Arizona.

No you can not .

Small claims court are for monetary damages .

You owe him the cost of his laptop , minus depreciation for 2 yrs or so .

In other words the plaintiff paid 1300.00 and is due compensation .

JETX · Feb 3, 2006

jsenato said:
Can I be off the hook for buying a used laptop of the same model and having it inspected to proof it's in working order?

Possible.... but that depends ENTIRELY on the court (and plaintiffs) acceptance.

The plaintiff is NOT entitled to be returned to a position better than where he was prior to your damaging his laptop. Simply, that means he is entitled to an equivalent product in the condition it was in prior to the damage.
Do some research and get several 'comps' (prices for comparable items, same model, etc.) and then average them. Send him a letter providing your proof of value.... and a check, and a statement that it is for payment in full for any and all claims arising from (describe). Keep copies of ALL documents.

Then, if he refuses your offer and takes you to court..... you will have your reasonable effort to present to the court.

Would I be off the hook if I bought a better laptop than his even if he refuses to accept anything but the most over-priced?

No. Do as suggested above.

Am I required to replace it with something from a local store or can I use something from the internet that costs much less?

Don't replace it with anything. Send money as noted above.

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jsenato

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BL

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JETX

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