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Person lost my property, claims not responsible!!

Discussion in 'Accidents, Injuries, Negligence' started by JovanCSULB, Feb 26, 2002.

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  1. JovanCSULB

    JovanCSULB Law Topic Starter New Member

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    I lent a skateboard (purchased at 150 dollars) to a friend of mine, and i asked him to please take care of it, and he agreed. Later that night (10PM), I was in my suite-mates' room, and i see my friend outside with my skateboard talking to us through the window. As a jestful act, I take a harmless bottle of mild fabric cleaner and spray at him through the fine metal grating of the window. He asked what the spray was, and I told him it was a mild fabric cleaner; after he laughs it off, in a "retalliatory" act, he tells me with a smile "Hey Jovan, you fu***r, I'm gonna throw your skateboard onto the street, so you better come get it". He rolls it down the walkway and onto the street and walks away. Under the assumption that he knew his legal responsibilities for having custody of my personal property, I took about 4 minutes to walk back to my room, get some shoes on, and go outside to get my board back from my friend.

    I saw no skateboard, no friend, I assumed he took it with him, which I felt was okay, since I DID lend him my board for an undetermined amount of time, so I went back in. The next day, he tells me that he does not have my skateboard, and apparently, someone stole my skateboard. Now, I gave him notice that because the skateboard was in his custody and he intentionally abandoned it onto public property, if it is not recovered in the next few days, I will have to ask to compensate me. He refuses to take responsiblity, and attempts to justify his act by saying "You shot me in the face with that spray bottle, and it burned and I left to wash my eyes. And I TOLD you where the board was, so it was YOUR obligation to go get it". (CAN YOU BELIEVE THIS GUY! Well, my friends were in the room when I sprayed him, and they saw and agree to the fact that my Friend was not damaged physically by the spray, rather, he was upset at being sprayed at, and threw my skateboard onto the street as an act of bad decision making.)

    Anyway, I gave notice to my Friend that if he would not cooperate in a reasonable manner, I would take him to the local civil courts, and the next day, he offered to pay half the cost of my skateboard (75 dollars), and we VERBALLY agreed. Two days later, he decides to void this agreement without prior notice, and begins to, again, attempt to justify his abandonment of my personal property and he feels that he doesn't need to pay a cent. After letting him know that my friends who saw the incident volunteered to testify in a civil court, he AGAIN, changed his mind, and now, he believes it is up to HIM to decide if he should pay or not.

    WHAT DO I DO WITH THIS GUY!:confused:
     
  2. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    I'd tell him that if he doesn't pay up, you will take him to small claims court. You will sue him to replace the board, the cost of going to court, and any other damages. I'd send him this in a certified, return receipt letter, and state either the amount you both agreed or an amount that you are demanding or you will go to court. Perhaps he'll take that seriously. If he doesn't... you have your remedies!
     

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