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Small claims court??? Civil lawsuit???

Asked over 2 years ago - Atlanta, GA

Lawsuits

Someone I know (ex-boyfriend) took my 52'' TV without my permission. Instead of slapping him with a grand theft charge, we worked it out where we did a written agreement such that he will pay off the balance with Best Buy. It has been 2 months and no payment made and I think it will continue.
What recourse do I have. He still has the TV and I will have to end up paying for it as it is my credit suffering. So far he refuses to answer any of my calls.
He lives in DeKalb County, GA

Additional information
Welllll the value of the TV was about $3000 purchased in Dec. 2007. Now I still owe Best Buy approx $2500 and of course it will keep going up as I myself am unemployed and unable to pay. Is it worth fighting this case or should I just let it be. I simply want him to either sell the TV,( which he would not do) or return it to me, (which he would not do either) and I have no one to assist me in collecting. I'm on my own here and just trying to figure out what makes sense.

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Attorney answers (3)

Alec Brian Wisner

Reputation Level 9

Answered over 2 years ago. Mediation Attorney in Tarzana, CA.

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The answer depends on the value of the contract and the small claims limit. For example, in Los Angeles County, where I'm located, the ceiling in Small Claims Court is $7500. I would file any matter worth up to $10-12,000 there even though I would be limiting my recovery to $7500. This is because (a) my case would be heard quickly, (b) the contract would be very strong evidence, (c) the filing fee would be a lot less, and (d) I wouldn't have to pay a lawyer one-third or more of the recovery.

Once you have a judgment, you're in the same position as though you'd hired a lawyer to get it for you. Now you have to collect. You can do it yourself or hire a lawyer to do it for you at that time.

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Paula Jeanette Mcgill

Reputation Level 16

Answered over 2 years ago. Contracts / Agreements Lawyer in New York, NY.

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You should sue on breach of contract (contract is the agreement). Also, depending on the length of time, it is not too late to file criminal charges based on his breach.

In any event, you can file in small claims court in Dekalb County. Remember, as in any case, once you obtain a judgment against him, you will have to try to collect.

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Alan James Brinkmeier

Reputation Level 20

Answered about 2 years ago. Lawsuit / Dispute Attorney in Chicago, IL.

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You might find helpful my Legal Guide "How to Organize Your Small Claims Case Testimony"

Good luck

God bless.

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