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  1. #1
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    Oct 2014
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    Default Friend Sold Computer He Agreed to Store

    My question involves collection proceedings in the State of: California

    I was not sure where to put this thread. If this is not the right place can someone please move it.

    I asked a friend to store my computer at his place temporarily because the new place i was moving into at the time was kind of shady and my computer was really expensive. Well he said ok but later when I went to get it back from him he told me he sold it and that because it was at his place for over 30 days it became his property. He said he sold it for $250 but the value of everything he of mine he sold (computer, monitor, high-end mouse and game pad) was nearly $1600. Is there anything I can do to get my stuff back? or force him to repay? The computer may also have had personal information could I get him charged with anything for compromising my personal identity?

  2. #2
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    Default Re: Friend Sold Computer He Agreed to Store

    He's full of baloney about the 30 day thing.

    With a friend like that you don't need enemies.

    Your recourse is to sue him in small claims court.

    Keep in mind, however, that you are only entitled to the used value of the equipment. So, if $1700 is what you think it would cost to replace the equipment with new equipment, you won't get that. You'll only get a fraction of the replacement cost which could even be the $250 depending on the age of the equipment.

    As for getting him charged with anything, all I can suggest is that you file a police report for the theft of your property. Then it will be up to the authorities to decide if they want to prosecute.

  3. #3
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    Default Re: Friend Sold Computer He Agreed to Store

    If you're asking if he can be prosecuted, you can make a report of his actions to the police and they will investigate for a possible criminal prosecution.

    You're not going to get him charged with theoretically "compromising" your "personal identity" based upon information that may not have even been on the computer, let alone in the absence of evidence of any awareness on his part that any such information existed or intent that it be used for identity theft.

  4. #4
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    Default Re: Friend Sold Computer He Agreed to Store

    Quote Quoting adjusterjack
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    He's full of baloney about the 30 day thing.

    With a friend like that you don't need enemies.

    Your recourse is to sue him in small claims court.

    Keep in mind, however, that you are only entitled to the used value of the equipment. So, if $1700 is what you think it would cost to replace the equipment with new equipment, you won't get that. You'll only get a fraction of the replacement cost which could even be the $250 depending on the age of the equipment.

    As for getting him charged with anything, all I can suggest is that you file a police report for the theft of your property. Then it will be up to the authorities to decide if they want to prosecute.
    The used value? Does that mean if part X cost me $400 back then but now part X costs $300 then I will get the $300?

    Also, if the police do accept it as stolen property case then does mean I could get it back from the guy that he sold it to? Can the police do anything as far as finding the guy he sold it to with only the guys email?

    Quote Quoting Mr. Knowitall
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    If you're asking if he can be prosecuted, you can make a report of his actions to the police and they will investigate for a possible criminal prosecution.

    You're not going to get him charged with theoretically "compromising" your "personal identity" based upon information that may not have even been on the computer, let alone in the absence of evidence of any awareness on his part that any such information existed or intent that it be used for identity theft.



    EDIT: Also, I forgot to ask can i make any additional claim for the data I lost that was on the computer?

  5. #5
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    Default Re: Friend Sold Computer He Agreed to Store

    You have the burden of proving your case, including the reasonable market value of the computer. You can look for evidence as to the present market value of a computer of a similar age and configuration, such as craigslist ads, ebay listings, and the like.

    If the police don't believe that a theft occurred, they are not likely to take any further steps in relation to the sale. Without knowing a lot more about the sale -- or even if it occurred as your roommate claims -- I'm not going to speculate about what they might do in relation to the person who (may have) purchased the computer. You can discuss that with the police if and when you make your report.

    You can try to convince the small claims court that the data on your computer had value, and that you should be compensated for the loss of that data.

  6. #6
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    Default Re: Friend Sold Computer He Agreed to Store

    Quote Quoting anonymous12
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    The used value? Does that mean if part X cost me $400 back then but now part X costs $300 then I will get the $300?
    Maybe not. Depending on the age and useful life of the item, the depreciated value of the old item could be less than the cost of a new replacement.

    Computers have ridiculously short useful lives because technology advances so rapidly. So, a computer that cost $1000 five years ago could already be obsolete and depreciated down to salvage value ($100 if that much) where a comparable replacement (if you could get it new) might cost $500. If you want to get an idea of what your computer is worth used, look on Craigslist for the same brand, model and features.

    Quote Quoting anonymous12
    View Post
    Also, if the police do accept it as stolen property case then does mean I could get it back from the guy that he sold it to? Can the police do anything as far as finding the guy he sold it to with only the guys email?
    Maybe and maybe.

    Quote Quoting anonymous12
    View Post

    EDIT: Also, I forgot to ask can i make any additional claim for the data I lost that was on the computer?
    Depends on what the data was and what it would take to replace it and, in this day and age of portable 500 GB hard drives for $50 I don't think a judge would take kindly to somebody who didn't back up their data.

  7. #7
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    Default Re: Friend Sold Computer He Agreed to Store

    amazon used and new section can help establish real world used value for specific components,

  8. #8
    Join Date
    Oct 2014
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    Default Friend Sold Computer He Agreed to Store

    My question involves small claims court in the state of: California

    A few months ago I asked a friend, let us call him friend A, to store a computer, which also included a hi-end monitor, gaming mouse and game pad, temporarily because I was moving in to a new place and it was kind of shady. I initially asked him for one week. He agreed at the end of the week I asked for more time, no specific amount of time was agreed upon. He readily said yes because he liked being able to use my bigger monitor. Later, I texted him about picking up my computer and computer parts. He said he sold it two weeks ago, which, was without my permission and refuses to reimburse me for the cost of what he sold. He claims it was at his house for 4 months and because of that it became his property. Going by the date he told me he sold it, which, I figured out because he texted me he sold it two weeks ago his 4 month number is wrong. It would actually be more between 2 and half months or just under 3 months. Is time a factor?

    I do have one witness, which, lets call friend B. Friend A and B are roommates. I asked friend A to store the computer which he did so in his bedroom. And I also asked friend B to store a small box containing expensive legal medical cannabis equipment. Friend B stored the small box in his attic. Later Friend B randomly left to go to Japan for an unknown, unspecified period of time. Approximately two weeks after that is when I asked friend A to pick up my computer and accessories and then he told me he sold it. He did not know about the small box and I hoped to get it back since friend B had disappeared to Japan. I asked friend A if he could return it. He agreed to return the box but claims he could not find it. I want to sue friend A for the cost of what he sold without my permission for the computer and accessories but I would like to get my box back first because I figure if I sue him first he will refuse to get my box. Not sure about how this would factor in to whole thing because it was originally friend B that agreed to store it and I am not sure how its relation to medical cannabis changes the situation. Also, while I did posses the medical cannabis equipment legally I also want to be able to maintain access to federal funds for college tuition which I understand I lose if they find out about drug use and the feds still consider medical cannabis as drug use. How could that affect me? Is there a way to get the testimony of friend B in my case without him coming back from Japan? because I doubt he would be willing to return. Can I postpone my case until friend B gets back? And how long can I wait before I file. Could I just show the judge a video or handwritten statement signed by friend B? Can I tell friend A that if he finds and gives me my box I will not sue him, in order to motivate him, then after I have my box sue him anyways? I also have the email and basic description of who he sold it to and what city that person lives in. Any chance of getting my stuff back that way? Like if I explained the situation to the police would it be considered an illegal sale or something like that and force the guy to return my stuff? Is there a way to get friend B's testimony even if he does not want to give it?

    He said he sold it for $250, however, my purchase price for everything was $1550. And I added up the current price of all the parts used on amazon and that comes out to $1305 but that was before the cost of sales tax and shipping can I sue him for that portion as well? What are my chances of winning? Also, how much does all this of cost? Also, how would I go about presenting the cost of what I am suing him for? Do I need to present a receipt for the original parts and proof of current used value? Can I go with current value of the parts new or used? What can I get reimbursed of I win? Can I use the texts he sent me as part of evidence? Not sure if this will hurt my case but I posted briefly about what happened on my facebook page will this hurt me?

    Thank you for your help and suggestions.

    - - - Updated - - -

    Whoops posted this in the wrong place.

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