Hello,
I currently live in Tippecanoe county Indiana. I have a few questions regarding a potential small claims lawsuit.
Over a year ago I lent a friend of my a winter coat. The coat itself is valued at $150-$200. I initially lent her the coat in April 2008. As of yet, she has been unwilling to return it. I have repeatedly asked her for the coat in person, through text messages, and phone calls. Half of the time she does not even respond to me. Right now, the only concrete evidence is a text message from her stating "I will be in store tomorrow, and will make sure I don’t forget your coat" is this enough evidence to win a case like this? Also, about a week ago I went to her apartment in an effort to get the coat back, and she verbally told me she was not sure where it was, but would make sure I got it back within a two day time period. Her boyfriend was in the room and heard this whole conversation transpire. Could I in fact use him as a witness? Also, I realize that one is not supposed to lie under oath, but what if he does to protect his girlfriend? I know its bearing false witness, but how would I prove something like that? Basically, given this situation I just need some advice on what to do. I don’t think this girl will give me the money for the coat based on her inability to call me back etc. What are the chances that I would win a case like this? And, do you have any advice for me while I build my case? I wouldn’t file a suit until after the holidays/mid January. I appreciate all the help I can get.
All a small claims court will do is issue a judgement, presumably if you win it, it will be on your behalf…..Then you have to have the judgement enforced, small claims court will not do that . You would have to file a civil suit to have it enforced…..Do what the others have suggested and drop this, at this point it just isn’t worth it anymore.
December 20th, 2009 at 2:08 pm
Is the coat really worth all this aggravation? Honestly, You’ve lived without it for 20 months and you are going to wait another month or more to take her to file suit. Assuming that a judge will hear this nonsense, the coat will have been gone for two years by the time you get to court.
Do you really want to go through the aggravation of trying to win $150? You’ll need to find the proof of purchase and the reciept of the coat to prove it’s worth. Then the fact that it was used makes it worth less than you paid for it. Ask her once more "Do you have my coat? When can I come get it?" If you don’t get a satisfactory answer then it is time to let it go. It’s going to cost you at least $50-$100 to get to court and it’s very unlikely that you’ll win anything at all. A judge is not going to bother with hostile witnesses (like her boyfriend) and a lot of nonsense about you said vs. what she says for such a small thing.
Frankly, you are being silly to even think for a second about going to court over this.
In the future, don’t loan this girl anything at all, and don’t loan anyone anthing at all that you don’t want to lose.
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December 20th, 2009 at 2:37 pm
Your case against your ‘friend’ is hanging by a loose thread. The only proof that she has ‘a’ coat is one email from her about ‘a’ coat. You have not proof that you lent her a coat. You have not written agreement about the loan. You have not witnesses of the loan. And the bf will be, at best, a hostile witness. OR, he’ll be a very friendly witness who will categorically state that he knows nothing about the coat, nor does he know what his gf and you were discussing. You don’t have much of a chance. And it’s really too bad. You lost a coat, and a friend. ps: I don’t think your gf wants the coat. I think she either lost it, sold it, or damaged it beyond repair.
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December 20th, 2009 at 3:08 pm
All a small claims court will do is issue a judgement, presumably if you win it, it will be on your behalf…..Then you have to have the judgement enforced, small claims court will not do that . You would have to file a civil suit to have it enforced…..Do what the others have suggested and drop this, at this point it just isn’t worth it anymore.
References :