Can and how do i sue in small claims court for some of my personal belongings?

Question

Here is the story, I moved into a friends place while they were out of the country on business it was an arrangment to help both of us, someone would be there to take care of stuff and then i would be able to save money to move again, he got back on wednesday and my flight was for friday i had two big big boxes that couldn't go on the plane so i was going to ship them to a friend who lived near the city i was going to, and it was fine with the person i had stayed with to keep the boxes there till ups came and got them, after being scared about them i sceduled for them to pick them up the same day i was flying out, on Saturday i got a text message from him saying that he was upset with the way that i left his apartment (even though we were both there for two days together) and he wrote dont worry about calling ups cause i threw both of your boxes in the garbage I had a lot of things in those boxes, books weights clothes shoes computer hard drives modeling photos important documents

I know that it is more work that it might be worth but i am very very upset that this guy did this to me, both of the boxes were ready to ship out on the same day that i left he didnt have to do anything but he took a day off from work and threw my personal belonging in the garbage he said it was ok to let them stay there in his house till i sent for them but since i didn't like that i went ahead and had them sent for on the same day so they wouldnt be in his way,

Also where would i have to sue since i have now moved away to a different city do i have to go back there to sue him and can i sue for that as well?

Answer 1

What a dick. But don't sue yet. Try to talk this over with him and make him pay you, don't deal with authority, they'll make everything long and complicated.

Answer 2

I believe you do have to file in the city where this took place. There needn't necessarily be an amount of money in dispute for a case to go to small-claims court, you might simply want someone to make good on a promise, but you still must assign a dollar value to your claim. The dollar claim varies from state to state I know in california it's $5000.(that's what you can sue up to) If you pursue this option you won't need a lawyer, there isn't a jury just a judge. In order to win in court you must show that you are legally in the right. Your must be able to show the court that you suffered a loss, and you must show that the person you are suing was legally responsible for that loss. Gather docluments such as receipts, bills, estimates and warranties that show the other party is liable and that you have suffered a loss, as well as any records e-mails anything proving your attemts to settle, notes from conversations about the problem. It's best to be prepared, have all the items listed with whatever proof to show a value. If there is something that has no receipt in tact find one in a store and have a clerk write a receipt of value.You just want to present your case the best way you can. Knowone has the right to disgard someone's property and even so I believe you have every right.to have him pay for the loss. First you must contact the court in the city where this took place. You will want the small claims division. ask the dollar amount of filing fees Once you get the papers they are pretty much self explanator Also make sure you havecorrect address as you will want to have him served or the papers sent certified return receipt requested. All fees that you pay out can be awarded back to you if you win. Always remember, if by chance he does not show up on the scheduled court date you automatically win the judgement. You will not get an answer on the day you appear, the decision will be sent to you in the mail. I hoped I helped and if this is something you pursue I wish you the best of luck

Answer 3

Truth and evidence are key in any case. Must have reciepts, most likely a written agreement because the defendant will obviously reject that there was ever a verbal agreement, and maybe a witness to help back up your claim. He had no right to throw your things away, but you have to ask yourself if it is worth going through the hassle.You must file in the jurisdiction this took place in and must file within a certain amount of time. The law limits the amount you can get in small claims court, and even if you win ,there would be a judgement in your favor but they could give the runaround on paying you. So just ask yourself if it is worth all the aggrevation. Sounds like a case for judge joe brown.

Answer 4

well i do know you have to make sure you had some verbal or written agreement with the person on the situation. and then go to your local court house and file a petition to sue him for the value of your belongings. you obviously cant get your things back so you sue for just the value so oyu can replace what you have lost. well hope this advice is of help to you. good luck.....

Answer 5

Your local county courthouse will contain information about how to file a small claims actions.

Technically, what you are asking is a suit "in replevin" (to recover personal property) but that term is rarely used outside the legal community.