Is It possible to take someone to small claims court for willfully refusing to...

O

Obama

New member
...return your property? I gave my friend a very expensive fender guitar to fix; but in the mean time I kept his acoustic guitar. Now about 1 year later he refuses to return my guitar. I have a recording of him on the phone saying that he wont return my guitar. Is this enough evidence to take someone to small claims and win?
 
If there was a breach of written or verbal contract, then yes. Are you suing for the return or the guitar or the monetary value? If it's for the money, it can't exceed $5000.
 
Small Claims courts deal with civil cases involving up to $5,000, and some guitars are worth more. However, it is justification to take the guy to civil court and maybe even criminal court (but for that, you would have to get the police involved while civil court is just find a good attorney and file a law suit).
 
in small claims court you have to sue for money. like, you'd have to put a specific dollar amount on the guitar, and sue him for that. after you win in court (you should) you can accept the guitar instead of the cash because the court doesn't enforce the judgement. but you still have court fees to consider, which dude will have to pay if you win. if he doesn't pay you back to your satisfaction (after you win), you can get the sheriff's office to go and take his stuff to sell at a police auction to get the money he owes you. so to avoid that he'll probably give you the guitar + your court costs.
 
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