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Help: Is this worth a small claims case??

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nurse2012

Junior Member
What is the name of your state (only U.S. law)? Indiana

About 4 1/2 years ago I recieved a necklace as a gift from a close friend right after I my dad died and before I graduated from high school (it obviously meant a lot to me). About 3 months ago, I started hanging out with a guy from work (I stayed over his house) and the next morning when I woke up to get ready and leave, my necklace was tangled around my neck, so I took it off and sat it on the bed while I went to the restroom. I came back from the restroom grabbed my things to go and left without grabbing my necklace from the bed. As I was pulling away from his apartment, I text him and said "hey will you look in your bed and grab my necklace for me and bring it to work. I'll get it from you when I get there later." He replied back to me and said "got it...your necklace."

Well when I got to work later that day, he couldn't find my necklace. He said to me, "I had it in my pocket when I got here this morning, hold on, I'll check around in my office and see if it's there." He didn't have it, and he still can't find it. I have repeatedly asked him if he has found my necklace and he keeps telling me that he will replace it asap. He still hasn't found it nor replaced it.

Last week, I asked him for a monetary compensation in the amount of $150 to replace the necklace of mine that he lost and he persistently tells me that it's my fault that it's gone and that he cannot find it and is not going to give me the money for it, because he could afford to replace it at the time he lost it but now he cannot afford to replace it at all.

The only evidence I have is the text conversation between the two of us stating that he had the necklace in his possession the day I asked him to bring it to work and the most recent one saying that he could afford to replace it then but not now.

Do I have a case?? What should I do??
 


Mass_Shyster

Senior Member
Do I have a case?? What should I do??
You don't have a case, so you should move on.

In order to recover, you would have to show that your friend is liable for your damages, and that you suffered damages.

When you mis-laid your necklace and your friend recovered it, you created a gratuitous bailment. In order for your friend to be found liable for the loss, you would have to prove gross negligence on his part. Although his placement of the necklace in his pocket and subsequently losing it may have constituted negligence, it doesn't rise to the level of gross negligence.

You would also have to prove the value of the lose article. Simply picking a number is not enough.
 

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