Need help w/ SCC

[Dguy]

What is the name of your state? WA state.

Hello again. I posted here earlier this month about loaning a person my laptop and $300. I was trying to find a solution after I was unable to contact her. Shortly after, I received an e-mail from her saying she's sick and will return the laptop as soon as she can. So, I've given her time.

But, now, she's no longer in contact w/ me while promising she'd return the laptop to me today. So, I'm going to go ahead and take her to SCC if I don't get it today. I do have questions about this and hope I'll get help again.

I do not know where she lives, so I'll use a private investigator to locate her and serve her the court notice. I think I have rights to reclaim that cost from her. But, what will happen if 1. she returns the laptop only? (will my court case stay or I have to get a new one for my money + PI fee?)
2. she returns both laptop & $300? (Do I have to get a new case for the PI cost?)

Also, when filing with the court, do I file for my laptop, the $300, and the PI fee + court fee? Or I file for the cost of the laptop (or a replacement cost), the loan money + other fees?

I'll be out of the country for a while, so can I have someone show up in court instead of me (if I can't make it)? If I win the case (which I'm sure I'll), do I have a power to force a payment in full within a month? What if she can't pay it? Will there be some kind of record in her background?

Thank you in advance for any help. Sorry for the lenghtly post, but I try to get all my questions out.

Dumb guy.

 

[racer72]

1. she returns the laptop only? (will my court case stay or I have to get a new one for my money + PI fee?)

You can modify the claim in court.

2. she returns both laptop & $300? (Do I have to get a new case for the PI cost?)

See #1. Don't count on the PI costs as being recoverable. That may be considered an optional cost you incurred on your own.

Also, when filing with the court, do I file for my laptop, the $300, and the PI fee + court fee? Or I file for the cost of the laptop (or a replacement cost), the loan money + other fees?

File each item separately on the summons. Forget about replacement cost on the laptop, as for fair market value.

I'll be out of the country for a while, so can I have someone show up in court instead of me (if I can't make it)?

Hahaha. No.

If I win the case (which I'm sure I'll), do I have a power to force a payment in full within a month?

If you win, all you can really do the first 30 days is send a demand letter asking for payment of the judgment and you can do this only once. The other party is given this time to consider other options such as appealing the decision. After 30 days, if she hasn't paid, you can go back to court and ask for a writ of garnishment. This document will allow you to garnish wages, levy bank accounts and seize property.

What if she can't pay it?

You will have a judgment that is good for 10 years and can be renewed for another 10.

Will there be some kind of record in her background?

Not really. If you sue in King County and she is a propery owner, an automatic lien will be put in place.

The very first thing you need to do is visit a book store, a large box retailer like Barnes and Noble is best, and find a book by Nolo Press on using small claims court in Washington. It will lead you through everything from filling out the summons to collecting a judgment.

 

[Dguy]

Hello and thank you for giving me answers again racer72.

I wonder if the PI cost would be considered as the cost of serving the paper as I don't know where she lives and she didn't want me to know (via e-mail conversation). If so, I should be able to recover it. But, yes, it'll be a lot (400-500), so it might not be in my favor.

The laptop itself costed $2100 last year. So, should I file for the whole amount or, say, $1700?

As for the court hearing, can I get a lawyer to represent me if I can't be there? If no, then I'm out of luck.

In fact, do you think I should just let this go as an expensive lession? I was hoping that even if I can't retrieve the full amount, there should be some kind of a record for others to see who they would be dealing with and won't make the same mistake like me.

Thank you in advance,

Dumb guy.

 

[racer72]

I wonder if the PI cost would be considered as the cost of serving the paper as I don't know where she lives and she didn't want me to know

There are ways to find folks without a PI. I have never seen the cost to find someone as an allowed cost in a civil suit. It never hurts to ask, the worst that could happen is the judge will disallow the cost. You could be granted a default judgment and all the expenses you asked for included.

The laptop itself costed $2100 last year. So, should I file for the whole amount or, say, $1700?

How much would you sell it for today, if you had it?

As for the court hearing, can I get a lawyer to represent me if I can't be there? If no, then I'm out of luck.

You must be present.

In fact, do you think I should just let this go as an expensive lession?

Sounds like a plan, Stan.

 

[Dguy]

Hello Stan (racer72) and thank you so much for the answer. I really appriciate your advice and help you've given me.

By the way, Stan, what are ways to find her w/o using PI?

I've tried finding her online using many no-cost services and one paid service with no luck (for WA address.) (Although I found an address from another state) See, she moved to WA just maybe 6 months ago and doesn't have her own place (She said she lives w/ her friends, but you never know). She drives a car with out-of-state license plate. With a little help from the Sheriff's Office, I also have another out-of-state address. It's so hard to track her down or I'd already have been at her front door and try to settle this outside the court.

Now, I'm pondering if I should gamble and get the PI to find her. She then would know she can't avoid me and, hopefully, returns my laptop. Or, even serve her the paper anyway in case she wants to settle outside the court (even if I can't be at the hearing, but she doesn't know that). I somewhat have a feeling she might just pack up and move again.

Thank you again. Now I feel like I'm about half way there. And, no, she did not return the laptop today.

Dumb guy.

 

[Dguy]

Updated questions.

I wonder if there's a way to lead to an arrest. I've filed a report w/ the police about this larceny. Therefore, this should be a criminal matter now.

Now, will the authority act on it if they can? By acting I mean making an arrest if an opportunity presented. I read some information on this site about 'Criminal Law - Arrests And Searches' and it says the police can arrest even without a warrant. I know it's too hard to get a warrant, so I don't think there'd be one.

The damage from the crime is under $3k. Is this consider a petit crime? The officer who took my statement already told me that the police won't act (investigate & arrest), but the officer had also declined to make a report when I first talked with him earlier in the month.

Any comment and answer is appriciate. BTW, I posted these questions in another area of the forum, but was told to do it in my original post. So, here I am.

Dguy.

 

[Dguy]

Anything? Please

Do the police have any obligation for arresting? Do I have any rights to legally request an arrest?

Thank you,
Dguy

 

[racer72]

The officer who took my statement already told me that the police won't act (investigate & arrest),

This means the police will do nothing. Nada. Zip point zero. She will not be arrested, there will be no warrant, absolutely nothing will happen to her. The prosecutor's office won't even touch cases like this. I have already told you, your problem is strictly a civil matter and you will have to deal with it in the civil courts. You gave her the stuff, she did not steal it. There was no larceny, no petit theft, nothing. The only reason the police took the report was likely for insurance purposes only, you could prove to an insurance company that a police report was written. Either sue the person or get on with your life. There is nothing else you or anyone else can do.


Also, my name is not Stan. I was using it as a metaphor. Like this:
Your out of luck, Chuck.
My heart goes out to you, Lou.
See you in court, Mort.
Sue the B***h, Rich.

 

[Dguy]

Hello Racer72,

Thank you for your answers again and sorry for wrongly assuming your name.

Now, I'm confused. I talked with a volunteer attorney about this issue and she said this failure to return my property after I demand it is a crime. So, I assume the police can act. I fully understand that this is a minor issue and the police do have other issues that require their time. So, I'm not asking them to investigate. But for an arrest if the opportunity presented.

I'm finding this person and will serve the process if I succeed. I'll ask to get my property back, but if this person no longer has it (sold it or hid it) and does not cooporate, then I'll need the police to act. I know that the chance is slim, so I asked if I have any rights to legally request for an arrest. I did get the answer from another post, however, that I do not have such rights.

In any case, I really appriciate anyone who's given me help, insight & advice.
Dguy.