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A "friend" needed to borow my cell phone so i let her. She then took it and lost it. Somehow her cousin has it. She has also stolen a ipod, and her own phone. She did this to make it seem like it wasnt her stealing stuff.. I want to know if I have any right to sue her.

2007-11-16 12:00:24 · 5 answers · asked by arcticstorm 1 in Politics & Government Law Enforcement & Police

5 answers

It isn't a constitutional right. Constitutional rights are something that you have to protect you from government action, not a basis for a cause of action against private persons.

While it is not a "constitutional right", most states do have a civil action to recover property from another. In my state, it is called replevin and it basically means that the court enters an order determining that a particular piece of property being held by another belongs to you and authorizes the police to seize it and return it to you.

2007-11-16 13:27:17 · answer #1 · answered by Tmess2 7 · 1 0

go to the police. File a missing items report. Since you let the stuff out of your possession you might have trouble in court, they could argue you just gave it to them. but you have to start by getting the police involved I think, before it can go to court.

2007-11-16 12:08:55 · answer #2 · answered by squishy 6 · 0 0

Go get your phone back.
Call the police.
Call your phone provider and get the phone blacklisted.

One of those, or all of them :)

2007-11-16 12:05:21 · answer #3 · answered by Anonymous · 0 0

yes have her arrested for possession of stolen property..then sue her

2007-11-16 12:38:27 · answer #4 · answered by Dr Sardonicus 6 · 0 0

This is not a Constitutional issue.

2007-11-16 18:03:41 · answer #5 · answered by Toodeemo 7 · 1 0

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