Basically, a month and a half ago, my close friend really needed a computer. I had a Best Buy credit card which I hadn't used yet, so we agreed that I would get her the computer on the card and she would pay $25 per week toward it.
6 week later and I have yet to see one penny and our friendship has fallen apart since (for other reasons). It was bought with my card and I still have the receipt, but she actually has possession of the computer. What should I do to get the computer back?
2007-09-09 04:14:25 · 7 answers · asked by Solid Snake 1 in Politics & Government ➔ Law & Ethics
When you bought the computer the serial # was logged against your credit card, so even if you didn't have the receipt you would still be able to prove ownership.
You could take her to small claims court but she might try to claim that you offered the computer as a gift. Depending on the judge he/she might rule in your friends favor if you don't have a signed contract indicating that the computer is not a gift and that you expect weekly payments.
Another option is to report the computer as stolen, which it technically is since your friend cannot show proof of ownership. Depending on the cost of the machine it could be classified as grand larceny which is a felony rather than petty larceny which is a misdemeanor. Your friend could still claim the gift defense but she would have to go through the hassle of a criminal trial. She probably would rather just return the machine to you in return for your dropping the charges.
A third option is for you to be clever and pretend you want to resume your friendship. You apoligize, you pretend everything was your fault, you do whatever you can to get into her house and then you take back what is yours. She can threaten to call the police all she wants but since you have proof of ownership she wouldn't have a leg to stand on.
2007-09-09 04:32:54 · answer #1 · answered by Judy L 4 · 0⤊ 1⤋
The only recourse you have is to take her to civil court. They will not award you possession of the computer, but they will enforce her end of the contract that she pay you back.
Neither a borrower nor a lender be. William Shakespeare "Hamlet"
2007-09-09 04:25:32 · answer #2 · answered by Anonymous · 0⤊ 0⤋
You don;t need a credit card. But you need to have a good credit rating. Basically, they will give you their store financing - but that is if you are approved, based on your credit rating and how much you can pay up front.
2016-05-20 04:43:53 · answer #3 · answered by ? 2 · 0⤊ 0⤋
Unfortunately if you didn't get it in writing or if she has not paid you back as proof of intent to repay you then your out of luck.
Consult a lawyer if you want your money but it may cost you more for a lawyer and a law suit then the value of the computer.
You may just want to cut your losses and learn the lesson to never lend money to a friend or a relative. It's a hard lesson to learn but unless you have a written contract it's your word against hers as to if it was a gift or a loan.
2007-09-09 04:23:49 · answer #4 · answered by unknown friend 7 · 0⤊ 1⤋
You could read Hamlet, Polonius' speech to his son in Act I, Scene 3, which includes this timeless advice:
"Neither a borrower nor a lender be; For loan oft loses both itself and friend, And borrowing dulls the edge of husbandry."
Sue her in small claims court.
2007-09-09 04:23:23 · answer #5 · answered by open4one 7 · 2⤊ 0⤋
settle it by taking her to civial court,or small clames
court.she will say it was a gift.
I hope you had itin writting.
Sad to say girls and women do this a lot.they
know that you cain't prove it.
Talk to a lawyer as first visit is free.
talk to a cop and tell him you want to repo it.
2007-09-09 04:30:03 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Take them to small claims
court and try not to
be so trusting next time.
Lose this person as a
friend.
2007-09-09 04:21:05 · answer #7 · answered by candies 1 · 2⤊ 0⤋