Viable Small Claim?

[rg1964]

Fact Pattern: I went to someone's house and worked on my car in his garage with him. I inadvertently left an expensive tool there when I left. Since then, I've been trying to go there and get it back, but I keep getting excuses like, I'm not home, or I have to work late, or I'm on vacation. The last time it was, "I think someone may have stolen it". It's clear to me he likes the tool and has no intention of returning it.

If I take him to Small Claims, what are my chances of winning the case? I'm worried since it was my fault for leaving it there, he may not be responsible. If someone did steal it, is he responsible? I do have evidence (e-mail) that shows he clearly had possession of it at one point in time.

I appreciate any legal advice...thanks so much.

 

[army judge]

Your email evidence may not be acceptable.
That'll be for the judge to assess.
Sure, you can sue in small claims for the value of the tool.
Small claims courts don't have the power to compel a person to return the item.
But, it isn't like Judge Judy in small claims.
You don't leave with a check, the thing, or cash.
If you prevail, you get a judgment saying that Bunny Rabbit owes you XXX dollars.
Then you have to enforce (collect) the amount owed.
That's the even harder part.
Statistics show most litigants that prevail in small claims (more than 85%) never collect a dime.

 

[rg1964]

Thanks for the reply - I'm not optimistic I'll ever get anything back, but I will pursue it until I've exhausted everything. If nothing else, the annoyance to him will be somewhat rewarding.

 

[wisemans_voyage]

Your email evidence may not be acceptable.
That'll be for the judge to assess.
Sure, you can sue in small claims for the value of the tool.
Small claims courts don't have the power to compel a person to return the item.
But, it isn't like Judge Judy in small claims.
You don't leave with a check, the thing, or cash.
If you prevail, you get a judgment saying that Bunny Rabbit owes you XXX dollars.
Then you have to enforce (collect) the amount owed.
That's the even harder part.
Statistics show most litigants that prevail in small claims (more than 85%) never collect a dime.

I seriously think that you are grossly inaccurate about 85% of those who prevail in Small Claims Court never collect! I'd love to see your documentation or references that show this.

 

[army judge]

I seriously think that you are grossly inaccurate about 85% of those who prevail in Small Claims Court never collect! I'd love to see your documentation or references that show this.

Objection noted, counselor, now move on.