Can I sue someone if that person lost my ipod and refuses to pay it back? With no whereabous of where itmay be

Answer 1

With such a small money involved, you will have to rely on small claims court to file your claim. You won't need a lawyer to file a claim in small claims court. If you win, you can get back the cost of the lost item and the filing cost.

If you are serious, visit your local court house or clerk of the court's office. Usually, they can provide you with a form and a brief instruction booklet on how to do this.

Basically, you state why and who you are suing, and be ready to prove what the cost of the items are. In small claims court, you can only get back the ACTUAL cost of the item. Loss of use and other intangibles are not factor here. If you are "overwhelmingly" right, your judge can award you the filing cost of the claim.

It is really not difficult to do this. Before you proceed, I suggest you visit the court house and sit in on small claims proceedings. It will help you prepare your case.

One problem though. I am not sure if you can sue a minor, since you can not legally hold minor liable for contracts. (implied contract of giving you back your ipod) You will need to ask someone if you can have a defendent who has not reached the age of majority.

Good luck.

Answer 2

You certainly can sue. Go to your county's special civil court. They will give you the proper form to fill out. Special Civil handles small claims. But know that the burden of proof lies in your hands... Like a receipt, indicating the value of the ipod and maybe a person who know that you gave the ipod to that friend, etc. But this is something you may handle yourself...
Just know, for the future, lending is a one way street!

Answer 3

Absolutely you can. Go to your local small claims court, file a claim, you will have to pay a small fee to have the court "serve" the other party. The court will assign a date and tell both you and the other person about it. If the other person doesn't show, you automatically win... which you likely will anyways. Make sure in your paper work to include court costs to your claim, being such a small suit every penny counts. Good Luck!!!!!!!!

Answer 4

I don't think so, unless, you have some type of contract stating you loaned it. You have no "proof" you even loaned it out, it is "he said, she said". However, if you must go this route, start keeping track of how many times you have asked for payment and document his/her refusal to pay for it. Get this person's name, address, etc. and go to your local courthouse and file a claim. Ask for a fee waiver so you won't have to pay the filing fee. I don't think it's worth it to file a small claim though. If you don't, just dump the friend, chalk it up to experience and buy another one.

Answer 5

Welcome to the good ole USA...
ANYONE can sue anyone else for just about anything and for any amount.
The problem that I see with your case is that you would need to have some sort of proof...not a "he said, she said" kind of proof but something with a paper trail. Since that likely doesn't exist you will unfortunately be joining the rest of us bone heads who have let someone borrow something only to lose it, break it, or swear they gave it back (but prolly sold it). Sorry!

Answer 6

You're in the USA, you're supposed to sue anybody, and anything. But I'll bet you could buy 100 ipods for what the attorney would gouge you for.

Answer 7

Sure, you can sue. But where are you going to find a lawyer who would handle such a small case.?

in the future, be careful who you consider "your friend"

Answer 8

eshh you could but i think in the end you will end up losing more than gaining.......BUT you can file a report at the police station and then you can be like hey either pay me back or we will take further action.......good luck

Answer 9

yes small claims Court just make sure it worth it. and you can prove your case. small court fee but they will have to do as judge finds. good luck

Answer 10

see judge judy