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I loaned a digital camera to my friend and now she won't return it. Do I have any recourse?
I loaned my "best" friend my $200 digital camera. Shortly thereafter, she got angry and decided that she didn't want anything to do with me-- which is fine, as far as I'm concerned, except that she now refuses to return the camera.
I called her about it every two or three days for a while and she told me she was "looking for it," and would return it when she found it.
I strongly believe that's a lie. I believe she knows exactly where the camera is and has either destroyed it to spite me, or has decided to keep it for herself.
During our last call, she told me she can't find it and told me to stop calling or she's going to report me to the police for harassment.
Do I have any legal recourse other than suing her (which I don't have the money to do)?
5 Answers
- Anonymous1 decade agoFavorite Answer
If you loan a friend $200 and never hear from them again, it's 200$ well spent.
- lil_boy_asLv 41 decade ago
(depending on where you are).
File a claim in small claims court and sue her for the "tort of conversion."
Basically, it was your camera, and she "converted" it to "her" camera.
The elements of Conversion are:
1.) An unprivileged taking of an item of personal property of the plaintiff, or exceeding the scope of consent to use an item of personal property of the plaintiff.
2.) Damage to the plaintiff or plaintiff's personal property (in this case the lack of the time and being deprived of the item for a time)
3.) Caused by the defendant's unreasonable actions or inactions.
You must meet all three of the above elements for the court to award you anything.
You must prove that you loaned her the camera for a period of time and that she has kept it longer than that time and/or will never return it.
You must prove the value of the item (camera) by direct evidence (receipt) or indirect evidence (the price of a similar camera that is of equal or lesser value).
Remedy: If you convince the court that you have a good case you may have either of the following occur at your choice (if you win...):
a.) Issue a court order of restitution stating that your friend, the defendant must give you your property back.
b.) Issue a judgment against your friend, defendant, for the monetary value of the property (camera).
Source(s): Not legal advice: for legal advice consult an attorney. - Anonymous1 decade ago
Report her to the police. It would help if you have the camera's receipt, and especially a witness who knew that you loaned the camera.
- Anonymous1 decade ago
small claims court only costs a small amount and they add that to yor judgement
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