Stolen Cell Phone

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desperatedad

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About eight months ago my children stayed with their maternal grandmother for a week while I was out of town. While I was gone I let my oldest son use a spare prepaid cell phone so that he could contact me in case of an emergency. When returning home he left the phone at his grandparents house and it was taken by his mother. I immediately asked for the phone back and finally agreed to let her use the phone for a couple weeks so that she could get her own. That was basically the scenario for about five months until I finally had enough and reported the phone stolen. It took about 15 minutes for her to call the cell phone company and have the phone re-activated. After about five times of going through this she ultimately changed all the info on the phone and told me "now it's mine". The phone was about two years old when she took it but it was in very good condition. I have the original receipt to prove I purchased the phone for $300. I am going to take her to small claims court but I'm not sure how much I should sue for. I wouldn't think I can sue for the entire original cost, but she is claiming you can buy them online for around $30. have seen them for around $100 which leads me to believe the one she is talking about must be in rough shape. Will the court take condition into account? How much should I sue for?
 
I'm sure you're upset at the old cow for ripping you off.
But, those older pre-paid phones can be purchased today for around $20.

I suggest you forget your small claims idea.

You won't let it go.

So, you'll sue her and probably get around $10, if you prevail.

That makes no financial sense.

Your potential award won't cover your filing fees and costs of serving her.

Those will run about $100.

So, if you persist in this endeavor, you'll spend $100 to collect about $10!!!!
 
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The phone wasn't stolen. You gave her permission to use it.
As said above, if you sue all you would be able to get, if anything, is the value of the phone today. Considering that this particular phone is a few years old it is not worth more than a few dollars. Technology changes fast.
 
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