Need some advice on a phone theft

[ferrari353]

Why would it take all or half a day? It's a small claims dispute. On the courtinfo.ca.gov website, it says small claims cases usually take 10-15 minutes. And that's fine. I'll pay witness fees, it will just be added to the amount that I sue for. I can sue for fees too right? Because right now, I'd charge $150 (the amount for my phone, refurbished), $30 to file the case, then let's say $40 witness fees, and maybe more if need be.

 

[CourtClerk]

Why would it take all or half a day? It's a small claims dispute. On the courtinfo.ca.gov website, it says small claims cases usually take 10-15 minutes. And that's fine. I'll pay witness fees, it will just be added to the amount that I sue for. I can sue for fees too right? Because right now, I'd charge $150 (the amount for my phone, refurbished), $30 to file the case, then let's say $40 witness fees, and maybe more if need be.

Uh... no, you can't sue for witness fees.... and witness fees are not $40. They are an amount prescribed by law. You also don't get replacement value for your phone. You get the amount that the phone was worth at the time it was lost... a depreciated value.

Second, yes, a small claims case doesn't take more than 20 minutes at best, but do you think you're the only one scheduled for a given day? Small claims sessions are full court sessions. You can be in there for 3 - 4 hours. There are MANY cases on a docket. This isn't a doctor's appointment, they don't schedule you, then call you at 10am on the dot. They get to you when they're ready.

 

[ferrari353]

oh, maybe I looked in the wrong place, but it said $35 a day plus 20 cents per mile. And I'm not suing for the full value, I'm suing for the value of a refurbished one. And how can you determine the value of my phone without the phone. So I could say it was mint condition and nobody else could reject that. And i can't sue for like legal fees or anything?

 

[CdwJava]

oh, maybe I looked in the wrong place, but it said $35 a day plus 20 cents per mile. And I'm not suing for the full value, I'm suing for the value of a refurbished one. And how can you determine the value of my phone without the phone. So I could say it was mint condition and nobody else could reject that. And i can't sue for like legal fees or anything?

There would not be any legal fees as you would not be using an attorney. Off the top of my head I do not know if the loser has to pay back your filing fee or not.

The condition of the phone means less than the retail value of that model phone in average condition with average depreciation. Depending on the phone, that could be significant. For instance, an original iPhone that once sold for $299 might now be worth $100. A newer 3G phone might still be worth close to its original price. Other types of phones are likely to have depreciated faster.

How much is the phone worth?

Oh, and it might be a good idea to work through the SRO as he or she might be able to squeeze the phone out of the suspect if they can properly apply pressure.

 

[ferrari353]

I paid $200 for it, because I bought it when it first came out. It's $300 without a contract. Refurb is $150. So I figured I'd sue for refurb price. I've only had it since this past summer so I haven't had it THAT long. It's Samsung Impression btw.