What is the name of your state (only U.S. law)? CA
So my son who is in high school "traded" his most valuable guitar to someone shaddy fellow in his school for a acoustic. Reason for that is because my son had a acoustic but broke and sent it to a store to get fixed but the store wasn't sure if they could fix it so my son traded for a acoustic. My son forgot to mention the terms of the trade that day and only remembered to tell him the following day. The terms being if the store could not fix the guitar then the trade was final and if they could then they trade back. Well the kid would not accept the terms and so in retrospective my son asked for his guitar back and the kid refused to trade back and kept saying no and then made the excuse that he sold the guitar. My son suffers for some short-term memory loss but that is not on his medical record and he is taking medication for some other stuff which can effect his memory so that is the reason for not saying the terms. In other conversations my son had with this kid, my son had let this kid borrow a video game and the kid used the same excuse "I sold it" and never returned it and never paid for it. He also let him borrow another guitar and returned it with signs of abuse and he scratched off the serial number. Not to mention that he is not a legal citizen nor is his family, for what we hear they are working on getting their citizenship. There was no contract signed between the 2. My question is, can I take this kid's family to court and sue for the guitar back and if he did sell it can we sue him for the costs of the guitar?
So my son who is in high school "traded" his most valuable guitar to someone shaddy fellow in his school for a acoustic. Reason for that is because my son had a acoustic but broke and sent it to a store to get fixed but the store wasn't sure if they could fix it so my son traded for a acoustic. My son forgot to mention the terms of the trade that day and only remembered to tell him the following day. The terms being if the store could not fix the guitar then the trade was final and if they could then they trade back. Well the kid would not accept the terms and so in retrospective my son asked for his guitar back and the kid refused to trade back and kept saying no and then made the excuse that he sold the guitar. My son suffers for some short-term memory loss but that is not on his medical record and he is taking medication for some other stuff which can effect his memory so that is the reason for not saying the terms. In other conversations my son had with this kid, my son had let this kid borrow a video game and the kid used the same excuse "I sold it" and never returned it and never paid for it. He also let him borrow another guitar and returned it with signs of abuse and he scratched off the serial number. Not to mention that he is not a legal citizen nor is his family, for what we hear they are working on getting their citizenship. There was no contract signed between the 2. My question is, can I take this kid's family to court and sue for the guitar back and if he did sell it can we sue him for the costs of the guitar?