ok so a month ago i went over to my friends house and i accidently left my digital camera there on her kitchen counter, at first it was no problem because i figured i would get it back when we hung out the next weekend but a week after this we stopped being friends and i tried to get my camera back. i left numerous messages and called and tried to set up times to come get it and she always had some excuse and then eventually stopped answering my calls. well she told me last night her dog (a pom) tore up the camera and im SOL. i told her that she had to replace is being that is was a brand new digital camera only used once ( i just got it from my bf a week before). she is outright refusing to replace it saying its not her fault and that legally she doesnt have to saying "possession is 9/10s of the law". what am i supposed to do! (and no i am not a minor! we are both 20)
2007-03-12 15:10:37 · 8 answers · asked by chrissy 2 in Politics & Government ➔ Law & Ethics
do i have a case or is she legally right ,which she says she is since i left it there. but i did try for a month to get it back, its not like i just forgot about it
2007-03-12 15:16:38 · update #1
take her to small claims court may be judge Judy
2007-03-12 15:15:44 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Well the only thing that you can really do is take her to small claims court. The police can't do anything about it. It will cost you about $25 to file a small claims in court....if you boyfriend has the receipt for the camera the judge will give a judgment against her for the cost of the camera and possibly some other damages, but that still doesn't mean she will pay you...not if she's someone who doesn't really care about her credit,,,because a judgement will go on her public record and her credit report. The "possession is 9/10ths of the law" thing...isn't what it used to be and can't be used as an excuse anymore.
2007-03-12 22:16:51 · answer #2 · answered by Lani 2 · 0⤊ 0⤋
She is SOOOO wrong!
You left it at her house, it was not a gift.. that being said, she has to replace it.
If you were to take her to Small Claims Court, you would have to bring something that states the value of the camera (your boyfriend's reciept of purchase) and tell the judge your story. It would be better for your case if your boyfriend were present to tell the judge he purchased it and it was given to you as a gift.
She has to replace it, no question.
and.. "Posession is 9/10 of the law" is mainly used in theft and drug cases, if you are holding your boyfriend's weed and get caught the posession law says the weed is yours.. if you stole $800 from a bank and the police find you with it, the posession law says they have probable cause to say you stole it.. that is it, it doesn't apply in this case.
2007-03-12 22:19:47 · answer #3 · answered by Fluffington Cuddlebutts 6 · 0⤊ 0⤋
She's right, possession is 9/10ths of the law, meaning that she was legally obligated to exercise reasonable care over your property. She didn't. Just take her to small claims court and she'd have to pay because she was negligent in allowing her dog to chew it up. It's a slam dunk case for you. Try sending her an email about it, and you can use her response in court. Sounds like she'd put her foot in her mouth if she responded.
2007-03-12 22:18:26 · answer #4 · answered by normobrian 6 · 0⤊ 0⤋
I would go to either Citizens Advice or a solicitor who does a free surgery,a lot of solicitors do a free half hour consultation,
It is your property and she is not denying you left it there,which would be hard to prove, but she is admitting her dog chewed it up. I am sure a solicitor's letter sent to her will show you mean business and it's not the cost of the camera alone it is the principle.
2007-03-12 22:28:40 · answer #5 · answered by Anonymous · 0⤊ 0⤋
I sympathise with your plight. Possession is not 9/10s of the law if you are holding the purchase receipt and warranty. I dont like your chances of getting satisfaction but you could get advice from the police. Just explain to them what happened and who knows.....
2007-03-12 22:18:05 · answer #6 · answered by kicking_back 5 · 0⤊ 0⤋
She's wrong. legally speaking she DOES have to replace it. However, if you choose to sue, expect to pay about $1000 and get only the value of the camera back. You won't win attorney fees and it's unlikely that you could get court costs.
2007-03-12 22:27:24 · answer #7 · answered by cyanne2ak 7 · 0⤊ 0⤋
Try the site below and watch the movie presentation. This is the most affective and affordable way to get access to your Legal Rights. If you have any questions, please let me know. I hope this helps.
2007-03-12 22:46:11 · answer #8 · answered by citronge69 4 · 0⤊ 0⤋