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i have a question. My phone was broken by a someone while I was at school (my phone is about 2 months old). He took it without asking and slammed it on concrete. So now, he doesn't want to pay for a new phone and says that he has the same phone at home but its 2 years old. So I want to take him to the small claims court and make him pay for another one. He says that he talked to 9 lawyers and all of them said that I can't do anything about this because he didn't do anything wrong. I believe that, first, since he took my phone without asking, that that's theft and then he broke it. So I can take him to court right?

2007-12-08 03:19:35 · 3 answers · asked by Anonymous in Politics & Government Law & Ethics

its that upstage phone from sprint..

2007-12-08 03:20:06 · update #1

3 answers

You may take him( or his parents) to small claims court, but you will have to pay filing and service fees, to notify the defendant, around $100.00 in my area. When you go to court, take all the evidence you have, i.e. receipts, witnesses, etc. If you convince the judge and win your case, a judgment will be awarded, including your expenses. Collecting on the judgment is another matter, especially if the defendant is a student and has no steady income. Good luck with it.

2007-12-08 03:32:39 · answer #1 · answered by Cecil n 7 · 0 0

Yes Sweetang you can. Go to your local county court and ask for the papers you need to submit a claim to the small claims court. Fill them in and if you have friends who witnessed what happened, ask them to write letters stating specifically what that brute did. It will cost you about £30 to submit the papers to the court, so make sure you find out the exact court costs before you submit the claim and add them into the appropriate column. Keep the pieces of the phone and if you still have the receipt, take that to court with you. Also find out what that model would cost to replace now so that you fill in the exact cost of replacement, it may have increased. That boy is bluffing about the lawyers, no-one would have told him he did nothing wrong because he did and must be made to pay for it. Good luck sweetheart and Merry Christmas. xx (By the way, if the court say the amount is too low for the small claims court, you have the right to file a civil law suit).

2007-12-08 11:35:15 · answer #2 · answered by Tammy 5 · 0 0

As long as he is over 18. If he is under 18 than you must sue his parents. He is also lieing to you if he talked to 9 lawyers because he would have spent thousands of dollars to get the advice. Bring the broken phone to court and any witnesses. This does sounds like a case for judge Judy. When you sue you should send a e-mail to judge Judy because if its on her show it would be fun to watch the little punk get ripped by judge Judy and also you will get paid for being on TV.

2007-12-08 12:00:13 · answer #3 · answered by john a 6 · 0 0

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