Subletter stole furniture

[dealdude]

What is the name of you're state (only U.S. law)? Florida
Me and my roommates sublet the garage to someone, she left today but when she moved out she stole a couch from us, the couch is on-sale online for $870 however we got the couch as a gift. I intend to go file in small claims court tomorrow however someone told me you can only sue for the amount you payed for the couch. my question is: is it valid to sue for the market value/replacement cost of the couch even though i received it for free? Also can the court just order her to return the couch?
I'm hoping that she will just give us the couch back without actually having to go to court.

 

[mmmagique]

1. Yes, to a point. If your father bought you a computer and someone stole it, you could sue that person for the value of the computer at the time it was stolen. (depreciated value)

2. Yes. In fact, the court would prefer that as it makes the entire transaction very clean. (no guessing the depreciated value)

 

[OHRoadwarrior]

What you were asking for the couch is irrelevant. It is worth the depreciated value. At about 5 or 6 years, assuming it is not trashed, that would be about 20% of its purchase price new.

 

[sandyclaus]

What is the name of you're state (only U.S. law)? Florida
Me and my roommates sublet the garage to someone, she left today but when she moved out she stole a couch from us, the couch is on-sale online for $870 however we got the couch as a gift. I intend to go file in small claims court tomorrow however someone told me you can only sue for the amount you payed for the couch. my question is: is it valid to sue for the market value/replacement cost of the couch even though i received it for free? Also can the court just order her to return the couch?
I'm hoping that she will just give us the couch back without actually having to go to court.

It sounds like the chances of her just handing over a couch she could otherwise dispose of and make $870 out of the deal are slim to none - and slim just left the building.

Have you filed a police report for the stolen property? If you want to get it back before she sells it, you need to do that - and FAST.

 

[dealdude]

I wentthe.police station and they told me it was a civil issue because she was living in the house

 

[sandyclaus]

I wentthe.police station and they told me it was a civil issue because she was living in the house

Do you have any proof of ownership of the furniture? Such as a letter from the person who gave it to you, or a photo of you using it long before the tenant could possibly claim it?

If so, you MIGHT consider going to where the person lives now, WITH a police escort, with the intent of repossessing furniture that you can prove is yours. At that point, if they refuse to give it, you MIGHT have enough to be able to have them arrested for theft.

 

[dealdude]

The police seemed to make it very clear that it would have to go through civil court for a judge to determine whether or not we gave her the couch, and also she refuses to tell us her new address.

However one of her friends helped her take it so we are now bouncing around the idea of including her in the suit as well. Any thoughts on that?