Collateral and Small Claims Court

[dtl73]

Some years ago when I lived in California, a now former friend let me borrow a book. I also loaned her a book of greater value at the time, (partly because she wanted to read it and partly as collateral). I had the book for over three years (at least, I think; its been a long time since we traded these books!) but it was lost in a storage accident in which I lost a lot of other valuable books as well. Anyway, I now live in las vegas and I figured she has every right to keep my book because I'd lost hers. We had a falling out recently and now she seems as if she is going to try to sue me in small claims court for money for the lost book even though she still has my book in her possesion. Can she do this? Can she try to sue me and keep my book or can she even sue me in lieu of accepting my book as payment (a more valuable book than her original book I might add again!) for the book she has lost? Also how is jurisdiction determined in small claims court? Can a trade of books made in California be tried in Nevada or would I have to travel to California? etc.

 

[JETX]

Q1) "Can she do this?"
A1) Of course she can. Anyone can sue anyone else with or without any justification or reasoning. The real question is 'will she win' and that is only determined by the facts.

Q2) "Can she try to sue me and keep my book or can she even sue me in lieu of accepting my book as payment (a more valuable book than her original book I might add again!) for the book she has lost?"
A2) Unless there is some agreement to 'offset' the value of books in the case of loss, these are really two separate 'book borrowing' cases. If she sues you for YOUR loss, you can sue her for hers.

Q3) "Also how is jurisdiction determined in small claims court?"
A3) This one is an interesting question. Though the actual jurisdictional issue appears to be in California, I assume you have no assets there and a CA judgment wouldn't have any effect on you. She would need to either domesticate the CA judgment to NV or sue you in Nevada.

Q4) "Can a trade of books made in California be tried in Nevada or would I have to travel to California? etc."
A4) See A3.

Summary... this is really a stupid situation. Unless we are talking signed, first edition books, the entire economics of this situation precludes ANY legal process at all.