small claims court wallet stollen I Have proof

[jmwallet]

What is the name of your state (only U.S. law)? MICHIGAN

My wallet was stolen by my brothers friend. I was in his car with him and my brother and it fell out of my pocket.
I asked him 3 times if he had seen it. He said no every time and even on a text.

I had prepaid gas gift cards in the wallet and have him on video trying to use my card. There were 3 gas gift cards in the wallet.
He has admitted to taking the gas cards but says they were just on the floor in his car.

my response is why would only the three gas cards be left out and not anything else from my wallet. Also why didnt he offer to give them back until almost a week later when i had proof from the video securtiy at the gas station?

he says some other people were in his car shortly after me and my brother left and they must have taken it, but doesnt know who they were.


He is a minor and I am an adult.

Can i sue in small claims court and be able to get compensation?

There was over $200 in the cash, 3 prepaid gas cards (he used $85 on the cards), My ID, dicover card, 3 keys ( I replaced locks), 2 bank account number cards,


He said that he agreed to pay to replace the wallet and its contents and has paid $100 out of $500. He later said that he wasnt paying any more and wanted the $100 back.
I never asked for him to pay $500 originally, I first confronted him and said i want my wallet and everything in it. He said that he didnt have it and the only thing he could do was pay the money.

 

[quincy]

What is the name of your state (only U.S. law)? MICHIGAN

My wallet was stolen by my brothers friend. I was in his car with him and my brother and it fell out of my pocket.
I asked him 3 times if he had seen it. He said no every time and even on a text.

I had prepaid gas gift cards in the wallet and have him on video trying to use my card. There were 3 gas gift cards in the wallet.
He has admitted to taking the gas cards but says they were just on the floor in his car.

my response is why would only the three gas cards be left out and not anything else from my wallet. Also why didnt he offer to give them back until almost a week later when i had proof from the video securtiy at the gas station?

he says some other people were in his car shortly after me and my brother left and they must have taken it, but doesnt know who they were.


He is a minor and I am an adult.

Can i sue in small claims court and be able to get compensation?

There was over $200 in the cash, 3 prepaid gas cards (he used $85 on the cards), My ID, dicover card, 3 keys ( I replaced locks), 2 bank account number cards,


He said that he agreed to pay to replace the wallet and its contents and has paid $100 out of $500. He later said that he wasnt paying any more and wanted the $100 back.
I never asked for him to pay $500 originally, I first confronted him and said i want my wallet and everything in it. He said that he didnt have it and the only thing he could do was pay the money.

Did you file a police report?

 

[jmwallet]

Did you file a police report?

I called the police station asking if anyone had turned in the wallet. They said no
I then went in to file a report, the officer took down my information and said that it was a complaint and not a police report since they didnt know if it was lost or stolen.

She gave me her card and the complaint number.

my wallet was gone on 7-17-14
I told her my plan of how to catch the person.

On 7-23-14 i found out that my card had been used i called the officer back and left a message telling her what i found.
She hasnt called me back yet.
I went to the gas station and got the video footage of my brothers friend trying to use the card.



john

 

[Eekamouse]

How did you get the footage from the gas station?????

 

[quincy]

I called the police station asking if anyone had turned in the wallet. They said no
I then went in to file a report, the officer took down my information and said that it was a complaint and not a police report since they didnt know if it was lost or stolen.

She gave me her card and the complaint number.

my wallet was gone on 7-17-14
I told her my plan of how to catch the person.

On 7-23-14 i found out that my card had been used i called the officer back and left a message telling her what i found.
She hasnt called me back yet.
I went to the gas station and got the video footage of my brothers friend trying to use the card.



john

You can sue in small claims for up to $5000. Following are some links for you to review while you are waiting to hear back from the police officer who took your complaint.

Michigan Small Claims Self-Help: http://courts.mi.gov/self-help/center/casetype/pages/smallclaims.aspx

Michigan Small Claims Forms: http://courts.mi.gov/administration/scao/forms/pages/small-claims.aspx

Michigan's 36th District Court Small Claims FAQs: http://www.36thdistrictcourt.org/civil-small-faq.html

As a note: I am not sure that video footage of your brother's friend using a gas card is going to be good evidence that he took your cards and used them.

 

[jmwallet]

Thank you for your help.

the cards that were used match the time on the video footage of when they were used. thats how i was able to catch him. I think marothon could give a print out or the gas station manager might testify.

I got the video footage from the gas station manager. I told him my situation and he helped me. When i told the manager the description of the kid i thought it was he instantly remember seeing the kid.
also the same kid came back a few days after i was there to talk to the manager but the manager was not in.

He used my cards a toatal of 10 times in the amount of $85.00 total. He tried to use the deactivated one two times. So there is no way he can say he used it by accident or he didnt know. He used all the cards 12 times total on 3-4 different days. he used the cards the day after my wallet was gone. I questioned him again that night after and he said he hadnt seen it and we even looked in his car again. Then he used the cards two days after that.

 

[jmwallet]

small claims court wallet stollen I have proof

also the purchases on the gas cards were low items average of 8.50 per transaction. All food and drink items in the store and regular gas. On the previous transactions before my wallet was stolen were my transactions. there was never gas purchased becuase i have a diesel. And almost never have i bought a snack or pop because i work at a vending company.

 

[quincy]

Thank you for your help.

the cards that were used match the time on the video footage of when they were used. thats how i was able to catch him. I think marothon could give a print out or the gas station manager might testify.

I got the video footage from the gas station manager. I told him my situation and he helped me. When i told the manager the description of the kid i thought it was he instantly remember seeing the kid.
also the same kid came back a few days after i was there to talk to the manager but the manager was not in.

He used my cards a toatal of 10 times in the amount of $85.00 total. He tried to use the deactivated one two times. So there is no way he can say he used it by accident or he didnt know. He used all the cards 12 times total on 3-4 different days. he used the cards the day after my wallet was gone. I questioned him again that night after and he said he hadnt seen it and we even looked in his car again. Then he used the cards two days after that.

Many (if not most) who are asked for their surveillance video will refuse to turn it over without a court order, so I think you were lucky that the gas station manager was willing to help you out in this way (although I know of a few in my area who might be inclined to help in the same way). I am still not sure that your evidence of gas card use convincingly ties your brother's friend to the theft, but I applaud you for doing the investigation. You will probably want to turn over what you have learned to the police.

If you have not reported your Discover card and bank account information as stolen yet, to Discover and to your bank, you should do this. You should also notify all three credit reporting agencies to have "theft report" warnings posted so new accounts cannot be opened in your name. And you should have your identification card (driver license?) replaced.

You appear to have a couple of options at this point - to pursue criminal charges and/or to file a civil action in small claims to recover your monetary losses. You can also contact an attorney in your area to send the kid a letter informing him that both criminal and civil actions are being considered and will be pursued if he does not return to you immediately all of the stolen items. The letter sent from an attorney might intimidate him enough to admit to the theft and return all that he has taken (but, then again, it could do nothing).

Good luck.

 

[xylene]

It seems he agreed to restitution of 500 dollars and paid 100.

Sue for 400 dollars.

 

[jmwallet]

small claims court wallet stollen I have proof

Quincy, Thank you very much for your help.

I finished the police report today and we will see were that goes then I think its on to small claims court.

He is a minor and his legal guardians are federally indited for bank fraud and tax evasion. But are out on bail. I would like to sue them if possible. What should i do.

Thank you again.


John

 

[Silverplum]

Quincy, Thank you very much for your help.

I finished the police report today and we will see were that goes then I think its on to small claims court.

He is a minor and his legal guardians are federally indited for bank fraud and tax evasion. But are out on bail. I would like to sue them if possible. What should i do.

Thank you again.


John

Read and use the links Quincy posted.

 

[quincy]

Quincy, Thank you very much for your help.

I finished the police report today and we will see were that goes then I think its on to small claims court.

He is a minor and his legal guardians are federally indited for bank fraud and tax evasion. But are out on bail. I would like to sue them if possible. What should i do.

Thank you again.


John

I think you would be smart to wait and see what happens with the police investigation.

If your brother's friend is arrested and charged and found guilty of theft, one of the conditions placed on him (more than likely) will be restitution (paying you back what he owes). This could make a civil action unnecessary.