My question involves personal property located in the State of: New York
I lost my cellphone (retail value $600) at a wedding in the beginning of August, through help of friends it was found about two weeks later in the backseat of a friend of a friends car. I have had no contact with her but through our mutual friend she agreed to send it to me, I told her I would reimburse her for the cost of shipping it to me. After a months time I had still not received the phone and she stopped responding to text messages about the phone. When she finally responded she said she addressed it incorrectly (I resupplied my address to insure it was correct) and would be re-shipping it by weeks end. It has now been 10 weeks since the wedding I still have not received my phone via the mail and she has not responded to texts or emails in two weeks. I have been patient with the situation because it was my fault that I lost my phone and I had an old phone I could use until I got it back, but now my old phone is starting to die. I am just wondering how my case would be in small claims court if I file and if it is legal for me to give her a date to get it back to me before I do file a claim?
Also we are in separate counties does that matter when filling small claims case?

