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Small Claims Court

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cheche201

Junior Member
What is the name of your state (only U.S. law)? Phyllis Johnson, Washington, DC

Hello, I am just inquiring about a matter my grand-daughter who I have legal guardianship for, my grand-daughter went out with some friends and one of the friends asked if she could put her telephone in my grand-daughters wallet. After doing so, the wallet was lost and here is where the problem lies. The friend's mother contacted me and asked me for $45 for a prepaid telephone that my daughter lost. I explained to her that my gdaughter lost her wallet but your daughter could have put her telephone in her pants pocket and since both lost something its over. I also asked her if she had insurance, she said no. Later on, my gdaughter let another friend who is friends to both her and the girl who lost her telephone, she loaned her an expensive MCM bag. I informed my gdaughter to get her purse back and stop loaning things out, well the girl claims that the mother of the other girl took the pocket book and told her that when I pay her for the phone she will give her back the purse. The mother never called me but she did call my gdaughter on her cell phone and told her. My question is Am I liable for something her daughter suggested to be put into my kid's purse which was lost and does what can I do besides paying her for her daughter's contribution to this error. Personally, my gdaughter says forget the pocket book and lest move on, me on the other hand feels that its personal. Yet, her daughter continues to call my daughter who gives her a quick "call me back". And if she knows that this particular girl is going to be attending a gathering, she declines to go. I may not have a case but it got to be something that I can do to get the pocket book back.
 


sandyclaus

Senior Member
What is the name of your state (only U.S. law)? Phyllis Johnson, Washington, DC

Hello, I am just inquiring about a matter my grand-daughter who I have legal guardianship for, my grand-daughter went out with some friends and one of the friends asked if she could put her telephone in my grand-daughters wallet. After doing so, the wallet was lost and here is where the problem lies. The friend's mother contacted me and asked me for $45 for a prepaid telephone that my daughter lost. I explained to her that my gdaughter lost her wallet but your daughter could have put her telephone in her pants pocket and since both lost something its over. I also asked her if she had insurance, she said no. Later on, my gdaughter let another friend who is friends to both her and the girl who lost her telephone, she loaned her an expensive MCM bag. I informed my gdaughter to get her purse back and stop loaning things out, well the girl claims that the mother of the other girl took the pocket book and told her that when I pay her for the phone she will give her back the purse. The mother never called me but she did call my gdaughter on her cell phone and told her. My question is Am I liable for something her daughter suggested to be put into my kid's purse which was lost and does what can I do besides paying her for her daughter's contribution to this error. Personally, my gdaughter says forget the pocket book and lest move on, me on the other hand feels that its personal. Yet, her daughter continues to call my daughter who gives her a quick "call me back". And if she knows that this particular girl is going to be attending a gathering, she declines to go. I may not have a case but it got to be something that I can do to get the pocket book back.
This seems to me like a a lot of overreaction over something that would be suchch a simple fix.

Yes, your gdaughter (and subsequently you) would be responsible for the phone. When your gdaughter accepted the phone to hold for her friend, she accepted responsibility for protecting it. When she failed to take care of her own wallet, she also failed to take care of the phone. Consider yourself lucky that tt's only a $45 prepaid and accept the liability for it.

I would be telling you to go ahead and reimburse the girls' mom, but now it appears that her own innocent girls may have committed a crime and stolen your gdaughter's purse. CALL THE POLICE. They have no right to hold your gdaughter's possessions hostage over the liability for the phone. It's called conversion, and is a criminal offense, as is theft, possession of stolen property, and extortion, which sounds to me like what has happened here. Why didn't they just stop while they were ahead?

Of course, it's the story told by a friend of a friend, but let the police handle it, and if the purse is discovered to be in their possession, press charges. No more tit for tat, what does that mom think she's teaching her daughter if she encourages her to do something like that?
 

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