Want to sue about xbox 360

[jherman]

California.

Hey everybody im in need of some advice. Bottom line is i let my friend borrow my xbox 360 about 6 months ago. He won't give it back now, and he is telling me i have no written evidence stating that its mine. I have at least 15-20 people who know it is my xbox, can I take them into small claims as witnesses and do you think i will win? Its BS because i don't have any evidence stating it is mine, but its rightfully mine i paid for it and want it back, so i would VERY much appreciate any help anybody can offer. Thank you!

BTW

I was looking up the pricing for cases at the Small claims but i dont know which one i will have to pay? Do any of you guys/girls know what I might be looking at in fees?

Jherman

 

[Banned_Princess]

if you are old enough, and can prove its yours with a reciept (creditcard purchace maybe) you can sue in civil court for the price of the xbox.

you are welcome to try anyway, I dont know what the fee is, but you might be able to have whatever fee waived due to your being too poor to pay it.

If you are under 18 you need your mom or dads help.

 

[jherman]

Thanks for the response, i was texting the guy who has it last night, and he said "your xbox is all here, but im not giving it to you until you get mine fixed." Is that enough evidence in court to get mine back?

reason he said that is because He got his xbox 360 through me and it had a 90 day warranty, his broke so i felt bad and let him use mine. We got him a replacement on my own gas money and time, but that one was also bad. We never went back out to get another one, and time went on mine died as well. 5 days ago i told him i wanted mine back because i was going to pay to have it fixed and he ran me around for 5-6 days telling me this and that, then he told me he wont give my xbox back until i got his fixed. I then called the guy who we bought them from and he said he will fix them. Then after i got that squared away the guy with my xbox said he wont give them to me unless he goes with me to get another one from him, but I want him nowhere near me. I told him via text that I would have a fixed xbox for him the same day and to just give them to me so i can take care of it.

Bottom line is i have a text of him saying that he has MY xbox. I told him i am going to take him to small claims court, but he said i have no evidence...Is that text enough?

I was researching the fees and i believe its $30 for the claim. I am going to try to sue him for the fee as well as giving me my xbox and the price to get it fixed since he has been running me around...Does that sound like the right thing to do?

Thank you again for the help, and btw i am 20 years old so i can do it on my own and your guys' help. =]

 

[sandyclaus]

Thanks for the response, i was texting the guy who has it last night, and he said "your xbox is all here, but im not giving it to you until you get mine fixed." Is that enough evidence in court to get mine back?

reason he said that is because He got his xbox 360 through me and it had a 90 day warranty, his broke so i felt bad and let him use mine. We got him a replacement on my own gas money and time, but that one was also bad. We never went back out to get another one, and time went on mine died as well. 5 days ago i told him i wanted mine back because i was going to pay to have it fixed and he ran me around for 5-6 days telling me this and that, then he told me he wont give my xbox back until i got his fixed. I then called the guy who we bought them from and he said he will fix them. Then after i got that squared away the guy with my xbox said he wont give them to me unless he goes with me to get another one from him, but I want him nowhere near me. I told him via text that I would have a fixed xbox for him the same day and to just give them to me so i can take care of it.

Bottom line is i have a text of him saying that he has MY xbox. I told him i am going to take him to small claims court, but he said i have no evidence...Is that text enough?

I was researching the fees and i believe its $30 for the claim. I am going to try to sue him for the fee as well as giving me my xbox and the price to get it fixed since he has been running me around...Does that sound like the right thing to do?

Thank you again for the help, and btw i am 20 years old so i can do it on my own and your guys' help. =]

Here is the official California Courts Self-Help Site for Small Claims. It should be able to guide you on what is needed in order to file suit. California Courts: Self-Help Center: Small Claims

You COULD call the police to have them escort you to your friend's house to retrieve YOUR xbox (but you will need definitive proof that it is yours, i.e., a receipt with the serial number, etc.). What your friend is trying to do is considered extortion, a criminal act, and something that the police may get involved in. Although in some cases, the police will decline to be involved and will say it's a CIVIL matter that you need to deal with in the courts.

If you do decide to go the court route, you can only sue for actual damages. If you did not break his xbox, and your friend did not tell you that he would pay you back to repair it, you may have a hard time trying to get the court to order reimbursement of those expenses. If you win the case, the judgment would normally include that filing fee so no need to add that on.

The other problem is that the Small Claims Courts here in CA do not have the authority to order the return of property. They can only order a judgment for the value of the property that has been wrongfully retained by the other person. And that judgment would be for the DEPRECIATED value of the item, not for the price of a brand-new unit. And even if they DO order a judgment in your favor, you are still responsible for collecting the judgment from your friend.

 

[jherman]

Here is the official California Courts Self-Help Site for Small Claims. It should be able to guide you on what is needed in order to file suit. California Courts: Self-Help Center: Small Claims

You COULD call the police to have them escort you to your friend's house to retrieve YOUR xbox (but you will need definitive proof that it is yours, i.e., a receipt with the serial number, etc.). What your friend is trying to do is considered extortion, a criminal act, and something that the police may get involved in. Although in some cases, the police will decline to be involved and will say it's a CIVIL matter that you need to deal with in the courts.

If you do decide to go the court route, you can only sue for actual damages. If you did not break his xbox, and your friend did not tell you that he would pay you back to repair it, you may have a hard time trying to get the court to order reimbursement of those expenses. If you win the case, the judgment would normally include that filing fee so no need to add that on.

The other problem is that the Small Claims Courts here in CA do not have the authority to order the return of property. They can only order a judgment for the value of the property that has been wrongfully retained by the other person. And that judgment would be for the DEPRECIATED value of the item, not for the price of a brand-new unit. And even if they DO order a judgment in your favor, you are still responsible for collecting the judgment from your friend.

Thanks for the help, I actually found my reciept from the guy who i got it from, so I am going to try and go to the police station to see what happens.

 

[jherman]

Damn, i just looked over the recipt and it doesn't have a serial number. Is it still enough proof?

 

[sandyclaus]

Damn, i just looked over the recipt and it doesn't have a serial number. Is it still enough proof?

Might not be. After all, you did say your friend has TWO xboxes. That receipt doesn't specifically belong to either one of them without a serial number. The friend may try to hand you HIS broken unit and say that the receipt goes with that one and not the one you claim to be yours. Then it becomes a CIVIL matter and the police will just walk away.

 

[tranquility]

Proof that you bought an Xbox 360. Are there many of them out there?

 

[Isis1]

Honestly, j. I wouldn't totally x out the idea of the receipt and a civil escort. It's still an option. Depending on your friend. If your friend is anything like an ex i had, here's how it might play out.

You knock on the door of this ex friend.

You: dude, i want my xbox back.
Xfriend: no, not till you fix mine.
Police officer: is it his xbox?
Xfriend: yes, but he has to fix mine first
Police officer: if it's his property, you need to return it or he can file a report for stolen property and you will have bigger issues than a broken xbox.

Now, granted it's not a garuantee, but in my situation it worked. I ended up not having to sue my friend AND we are still best friends now.

 

[tranquility]

It's not "stolen" property as the OP gave it to the other (Negating the taking and carrying away element.) and the other does not intend to keep it. (negating the permanently depriving the owner thereof element.)