Do I have a case??

[kmf1111]

What is the name of your state? California


Hi everybody. I need some advice if I have a case to take to small claims or not.

I recently sold a co-worker a laptop valued at $800. She said she didn't have the money at the time, so we agreed that she would pay me $200 each paycheck for the next 2 months. A few weeks later, I got fired from my job.

I called her a week later, and she now says that the laptop was stolen. She is being very defensive that she does not owe me money. We had no written contract only a oral agreement.

Do I have a case? I'm afraid that if I do take her to small claims, that she will just deny that she had the laptop in the first place. Please help me out. Thx.

 

[hurley]

I think you only have a case if you can prove to a judge that there was an agreement. If they will admit it to him, there you go. If not, you have to find some other way. Have they paid you any money? It might be hard for them to explain why they've paid you hundreds of dollars so far, if it was not for the laptop. Even then, you still have to somehow convince the judge what the final amount was agreed to be.

 

[BelizeBreeze]

What is the name of your state? California


Hi everybody. I need some advice if I have a case to take to small claims or not.

I recently sold a co-worker a laptop valued at $800. She said she didn't have the money at the time, so we agreed that she would pay me $200 each paycheck for the next 2 months. A few weeks later, I got fired from my job.

I called her a week later, and she now says that the laptop was stolen. She is being very defensive that she does not owe me money. We had no written contract only a oral agreement.

Do I have a case? I'm afraid that if I do take her to small claims, that she will just deny that she had the laptop in the first place. Please help me out. Thx.

What proof do you have that you owned the laptop?

Did she make any payments?

 

[kmf1111]

1)What proof do you have that you owned the laptop?

2)Did she make any payments?

1) I have an invoice that I bought the computer a few months back..

2) No, she had not made any payments.


I do have a witness that was there when the transaction took place. However, even if I subpoena him, I don't think he will tell the truth in court.

If the laptop was "stolen", who's responsible to file the police report? Can I file it? If I can get her to file a police report for the "stolen" laptop, is that evidence enough that she took possession?

If she refuses to file a police report, what other ways can I go about to have her "admit" that she took possession that would count as evidence? Basically, I'm worried that she will deny the whole thing come court time.

If I cannot get any evidence and I go to court, and it becomes a he said she said, what is the likely scenario? Does it depend on who the judge believes or does a case like this usually go to the defendant?

 

[kmf1111]

Anyone else care to comment? I can really use your advice. Thx