Need advice about small claims court (ny) PLEASE ONLY RESPOND IF YOU KNOW WHAT YOU ARE TALKING ABOUT!?

Question

I had a big party at my house 3 months ago and, in a drunken state, some of the girls that showed up decided to steal from my house. All that was taken was my hair straightener, but it was new and expensive ($125).

A lot of people were at my house that night and I didn't want to start pointing fingers so I just dropped it and went back to using my old straightener (I eventually bought a new one which cost $135).

So now 3 months later, a friend of mine found out one of the girls who is friends with the theif(s); (she didn't steal it but she was there when it happened). She (the friend) wrote to me in an email that she knows who took it but she wont give me names. It's been a few weeks now and I'm not getting any answers. I was wondering if it would be possible to sue her in small claims court. I have proof (emails) that she knows who took it. Or, if I threaten to sue her and then finally get names would I be able to sue those people in order to get my money or straightener back?

I have also talked to the girl on the phone and she personally assured me that she would try to do whatever it takes to get my straigthener or money back. She even said that if it came down to it then she would give me the money herself. I don't really want to sue her, but enough is enough and I want my straightener/money back.

Also, there was underage drinking going on that the party (I am also underage). I was wondering if that could present a problem in the case if it does wind up going to court.

Oh also, I forgot to add that she TOLD ME that she was with the girls as they were stealing it. So she personally witnessed the crime. That does not make it hearsay.

Thanks for all of the answers though. I think that I will file a police report. Thanks =)

Answer 1

Take the information you have and file a police report. Let the cops investigate it. If somebody knows something and the cops are at her door, chances are that she will tell the cops all she knows.

You will need a police report when you file a claim under your homeowner's or apartment renters insurance for the item stolen, unless the value of theitem is less than the deductible.

Don't bother going to small claims court. You will have too large a burden of proof, and you may not have any ability to collect on a judgment. If the matter goes through the criminal courts, the judge can order restitution, and it will be paid.

Answer 2

You can't sue someone who didn't do anything, but knows who did. You can only sue the person who committed the theft. So unless you know who it is and you can prove it to plead the case you're going to get yourself nowhere by filing a suit against someone you know didn't do it. It could actually cost you in court sanctions for filing a frivolous suit, or the court could argue legal fees.

If you threaten to get the police involve unless they agree to give the money or property you are not committing a crime, but any agreements made because of the threat of police will amount to duress on your part and therefore make any agreements unenforceable.

The police generally don't kick down doors to arrest people based on other's people's word from an incident that happened three months ago. So a criminal charge would be difficult, especially because the only evidence you have against anyone else was something that was said by a third party. There is no crime for knowing who committed the theft and unless you can prove they were in some way aiding or conspiring to commit the theft they did nothing wrong. Even if the girl told you who had it you still can not enter in evidence of what someone else tells you about an event. (it's called hearsay)

In my opinion getting the courts involved for a $125 hair straightener that you did not know who did it is tough. Once you find out who did it, and you can get people there saying they say her with it (and it was most likely yours) or that they seen it and you can prove either one of these things by what's called a preponderance of the evidence then you have a chance. But you can not bring someone to court because they know something and they do not want to tell you. Of course that is not a professional opinion that is just my advice and is not intended to be used as legal advice.

Sorry

Answer 3

Theft is not a civil case that would need a lawsuit, it is a criminal case that requires police intervention. Threatening to involve the police is much more intimidating than threatening a lawsuit anyway. If she won't give you the names, call the police and ask to file a report about a stolen item. You will need a full description of the item, and you should present the emails and contact information for the person who has information related to the case. From there, it is up to the police to decide if they have the time and ability to try and solve your case. It's extremely difficult to sue someone under your circumstances, because no one has been prosecuted for theft, and you never even filled out a police report. Courts are about documentation and evidence, not hearsay 3 months later. Give the police a shot, and if that doesn't work, you're pretty much finished as far as legal options go.

Answer 4

If after the demise of a claimant in any declare the reason of action survives, yet no order is made substituting as claimant every physique in whom the declare vests or, simply by fact the case may be, the non-public representatives of the deceased claimant, you're conscious to the courtroom for an order that except the declare is proceeded with interior of such time as may be unique in the order the declare would be struck out. (RSC Ord 15, Rule 9) that is greater possibly than not that the claimant did not make provision for the declare to be pursued against you after his or her demise, or in spite of the undeniable fact that that the family members of the deceased not desires to pursue it. the priority is which you basically don't understand the reason. if that's the former then you definately might win with the aid of default, because it have been, and you're able to declare your expenses against the deceased's assets. if that's the latter then you definately probability prolonging the declare. In the two experience you ought to ask the courtroom to make an order that the declare be proceeded with interior of say, 28 days, which will guard your pastimes. on a similar time write a letter to the claimaints solicitors, on a without prejudice foundation, asserting what words you would be prepared to settle the subject - the two that each party bears its very own expenses, or the claimaints assets will pay portion of your expenses. despite the fact which you come to a variety guarantee that the settlement is very final and that no extra claims, in any form or way by any capacity, might nicely be pursued or resurrected after the settlement. that is probable greater useful to record a consent order to that effect with the courtroom to make certain.

Answer 5

First of all, you can sue anybody for anything. (never watch TV?)
Second, is it worth the aggravation for such a small amount?
Third, Did you file a police report?
and lastly, what kind of party did you have, that everyone was so drunk, and what kind of look do you do you think your going to get from the police when you make airport, and what do you think the judge will tell you when you waste their time

Answer 6

Why would you take them to court??
She has admitted to being an accessory to theft by virtue of being there and not turning in the person who took it. Nicely let her know that the situation needs to be resolved this week. Period.

If it isn't, have the police talk with her to find out who did it.

Answer 7

Just knowing of who stole it, does give your grounds to take her to court. You can hand the note over to the police who can get a judge to issue a warrant to compel her to say who it is, but this is the only way you're going to get it if she doesn't want to say.

Answer 8

bottom line--------if you have someone who witnessed the person stealing it, or is in possession of the stolen item,,,,,,take them with you to small claims court.

everything else is pointless