Tuesday, May 25, 2010

A relative "borrows" from me, and breaks the item upon return, is there any legal action I can do?

So in August 2006, I went on a cruise to Alaska. My aunt is watching over my house for me. While I am gone, my cousin comes over, and takes two of my video game controllers home with him, and doesn't tell me. When I ask him if those are mine, he tells me that he bought some too, so I believe him. Then, in April 2007, I get suspicious, and ask him if they are really his. He then confesses and says those controllers are actually mine. So upon return, I plug them into my video game system, only to find out they are broken. I'm 16 years old, is there any legal action I can do to get compensation?
Answer:
Unfortunately these things happen. My little cousin once ruined my collection of Ty's. But it is family. The controllers are not worth as much money as it would cost to take legal action. Plus It would not be advisable to because it would put hardship between the families. I would just talk to your mom and dad. life is to short to fight over the small things. Even though they seem really big to you now, it is not worth loosing family over.
Kick their butts, and enjoy it.
Small claims court if anything, but the judge would probably laugh in your face. sorry.
No but I would 'discuss' this problem with him, WHILE my aunt was in the room. I don't know what she'd do, but if it were my son...I'd make him replace them.
you want to take legal action against a child who is a member of your family for taking some game controllers? thats just wrong. he shouldnt have taken them you and his aunt should talk to him about taking things that dont belong to him but legal action seems a little bit harsh dont you think?
Forget legal action. Talk to your cousin and your aunt and try to work it out amiably.
You and your parent (you may be too young to pursue legal action) can take your cousin to small claims court for the cost of the damaged item(s). You don't need a lawyer, just proof of how much the controllers cost you and that your cousin had them in his possession. Good luck.

But by the way, if you did take your cousin to court over (how much did the controllers cost you? one hundred bucks?) property damage, you're going to create a serious rift in your family. That's just how it works sometimes. Your best bet would be to seek compensation through your parent and your aunt. Go to your parent, explain the situation, and wait to see if your aunt is willing to pay you back for the damaged/stolen items. If your Mom or Dad refuses, go to your aunt directly.
You can take him to small claims court to get compensation. But dont you think that family is worth more than a few bucks. Can you go to your uncle and explain what happened and have them get your coousin to pay. There has to be options other than taking family to couort and getting strangers involved in family business. Hell if I took a family memebr to court I would need the money I won for medical care.
let's see ,first was Aug ? and then you bring it back 8 mths later ,you must have a very boring life ?
you telling me you didn't plug the game for 8 mths ,because you where missing two controller's ?
you 16 yrs old ,so legally nope you cant do anything ,but for God sake it's video game controls ,get you new ones and keep your cousin .
life to short for pity crap like that .
I would have a talk with your Aunt, and ask her if she knows that your cousin took, your contollers, and broke them, and if she is aware of this, then tell her you want a replacement. Basically, you did not give permission to use the controllers, and he stole them, then tried to lie to you, but then confessed. If he has new controllers,take, his, or their should be some kind of compensation.
Yes you sue for what is called conversion. This is when the item is taken or made no longer useable by the rightful owner. In this case the defendant would owe the market value of the item. As a 16 year old you would have to have a parent or gaurdian sue for you....but in this case we are taking about maybe 50 to 70 dollars worth of property...the filing fees would be about that amount...probably not worth it...especially if you lose.
If he is really your cousin you should make him buy you new ones. If he doesn't then tell your aunt because it was her responsibility anyway to keep everything safe in your home. She should come up with a solution for this situation. If your cousin was my kid I will make him work his *** off to pay for what he has broken. That's the way it should be. You break it you replace it.
Taking without permission with intent to deprive the things from the true owner is theft. You could have him arrested. You could also sue. The fact that he's a relative doesn't make any difference, except that it makes it more likely that a jury would believe he had your tacit approval than if he were a stranger.

As a practical matter, there's nothing. It happened too long ago. Even if the stataute of limitations hasn't run, the police and DA probably wouldn't prosecute anyway because he's a kid, he's your cousin, and they're only game controllers. As for filing suit, you could take him to small claims court, pay the filing fee, and present your case. You win, your cousin pays. You lose, not only are stuck with broken controllers, but you'll also be stuck paying the court filing fee. Again, since it was a few youersa ago, you might be SOL, depending on your state's laws.
IF you have any proof at all...say, a witness to his confession...take it to the police. The charge is theft. He'll likely be willing to pay for the items in order to avoid going to court and getting a first offense on his record--but if not, follow through, or he'll consider you a pushover.

Otherwise, chalk it up to gaining wisdom through experience, and learn SOMETHING from it.

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