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!
2007-03-12 15:15:20 · 9 answers · asked by chrissy 2 in Politics & Government ➔ Law Enforcement & Police
ps, yes we are both OVER 18.
2007-03-12 15:15:41 · update #1
legally speaking she does have to replace it doesnt she?
2007-03-12 15:17:11 · update #2
we had stopped being friends before this whole ordeal happened because of some other issues that believe me were a bit more serious than camera bs, after we stopped being friends i tried to get my cam back and tahts where this whole thing started. thanks for all your guys advice! im filing in Small Claims seeing as its only 20 bucks, so hopefully everything goes smoothly and i get it replaced!
2007-03-12 15:52:19 · update #3
Bad luck baby--
2007-03-12 15:17:57 · answer #1 · answered by rsdudm 5 · 0⤊ 2⤋
An argument can be made that she has to replace the camera because it was admittedly in her care and custody. Depending on the value of the camera, this may not be worth the expense and time off of work to pursue in small claims court. You can always file and see if that pushes her into action to replace the camera.
I'm surprised that people can "stop being friends" in such a short span of time! It seems as if your relationship was pretty superficial. Maybe it's a guy thing, but she sounds like an acquaintance you hung out with rather than a "friend".
- Carl
2007-03-12 22:48:17 · answer #2 · answered by cdwjava 3 · 0⤊ 1⤋
Yes. But, you will have to probably sue her or threaten to sue her. An attorney can send her a "demand letter" (which demands payment/replacement and threatens to sue if she doesn't comply).
You will have to establish (via receipts, b/f's testimony, etc) that it was your camera and that you didn't give it to her. Just leaving something at your friend's house it not abandoning it.
You could also pursue small claims court w/o an attorney. You would still have to prove the same things, but you wouldn't have to pay an attorney. BUT, the legal system is rarely so easy to navigate - so be prepared. You file the suit, then serve her with it. Then, you argue in court; or she doesn't show up and court awards you a default judgment. A court order will force her to pay or replace.
Good luck.
--Z--
2007-03-12 22:35:22 · answer #3 · answered by Z-Force920 3 · 0⤊ 1⤋
Keep your stuff with you. You leave something somewhere you better be ready to prove something belongs to you. Your former friend can claim the camera was hers and it was, after all, in her place. She is probably right you are SOL.
2007-03-12 22:20:29 · answer #4 · answered by Anonymous · 0⤊ 2⤋
Legally, your camera was on deposit at your friend when you left it at their house. She is supposed to take care of it with diligence. Thus, when it was destroyed, you can demand that it can be changed with a new one.
2007-03-12 22:22:31 · answer #5 · answered by FRAGINAL, JTM 7 · 0⤊ 1⤋
It will cost you more to take her to small claims court than buying a new camera.
2007-03-12 22:20:24 · answer #6 · answered by Cotton 3 · 0⤊ 2⤋
I hate to say it but live with the loss and move on, its only a material possession
2007-03-12 22:21:00 · answer #7 · answered by ? 3 · 0⤊ 1⤋
Take her to small claims court...
2007-03-14 22:36:54 · answer #8 · answered by BeachBum 7 · 0⤊ 0⤋
you may have lost your camera,but if you kick her *** you'll feel better
2007-03-12 22:36:07 · answer #9 · answered by big b 1 · 0⤊ 2⤋