Computer Repairman loses laptop doesn’t want to pay for it. (IL)

[elflaquito]

state: illinois

about a year ago i bought a laptop from a friend, at this time i was working for a retail store and we had guy that repair the computers for us, so i gave him my laptop to check it and fix anything that needed to be fixed. a couple of weeks later he show up and told me that somebody had stolen the laptop from him and he said that he was going to either pay me for it or give me another one. he never did! i have witnesses and a recorded phone conversation with him. i only have his work phone number and is very hard to get in contact with him. what can i do?

 

[JETX]

Based on your post, it sounds like you had what is called "gratuitous bailment". This means that you transferred the possession of the computer (not ownership) to another for the benefit of only one of the parties. You were the only beneficiary, since there was no mention of payment to the 'repairman' for his services.

As such, the repairman has to exercise normal and reasonable care for the property. If he didn't do this, he could be responsible for your 'damages' (the value of the computer). However, if the repairman did exercise normal and reasonable care AND the property was stolen, he may NOT be liable. (This is all without regard to any subsequent claims of reimbursement).

Here is what I am getting at... you need to pursue this carefully. If the repairman absolutely refuses to reimburse you and you have to pursue legal action, the court may find that he is not responsible for the loss. So, I would try to work with him as much as possible and try to get his agreement in writing (it might not hold up, but at least you would have it)... write up a statement yourself as to his reimbursing you and see if you can get him to sign it. And finally, if you do have to litigate, you will be aware of what his defense could be.

Some other thoughts....
You might also ask about his insurance... was a theft report made... what about your insurance....

 

[elflaquito]

this message is regarding the lost laptop.

i told him i'll pay him for the service even if that means paying him just for checking it. i try to make a theft report with the police but they told me they couldn't because he didn't steal it from me. they told me to sue him in the small claims court. i didn't have insurance. thanks for responding!