Legal Question in Criminal Law in California

Okay so I lent my former friend back in November my ps3 bundle games accessories controllers everything for a weekend. I kind asked for it back and when he said ill just buy it off you I said okay thats fine by me. We both settled on a price of $400 for the whole bundle. Now with me asking him every week for the money he says oh ill give it to you dont worry. 2 months pass by and I ask for it back and he sells it behind my back so that he can move out of his parents house and pay for his rent. Now i've threatened to sue him because its been 4 months and still no pay. We just recently agreed to do a small payment every week of $50 until it gets to the $400. Now he's only paid me $200 of that and has skipped 3 weeks and is saying that he has no job and has to pay rent and has no way of paying me back.He gave me 2 items as a form of payment a 19inch tv and a watch which I told him I will only hold onto until he gives me the money but now he is refusing to pay and says that is his form of payment.Now my question is should i sue him in a small claims court or is it just not worth the hassle? Its a $75 fee to file it i know that so ill be losing money this way but if i do sue him i know for sure he will pay me back.


Asked on 4/26/12, 7:49 pm

1 Answer from Attorneys
Theresa Hofmeister Theresa Hofmeister, Attorney At Law

FIrst I'm glad you say this is a "former friend." Even if you get a judgment, enforcing it is another matter. In other words, a favorable judgment is a piece of paper, not money. Therefore, I don't think your last sentence is accurate.

The saying is coming to mind for me "if a friend owes you $... and you never see them again, it was probably worth it," meaning you're fortunate to now know their character and at overall a small price. I personally would look at it that way and just sell the collateral if you don't need or use those items - the TV and the watch. I believe it's pretty easy to sell things like that these days on Craig's List etc.

However, you of course need to do what is right for you, which could be filing in small claims and/or going the route of filing a police report. To me if you have $ 200 and a TV and a watch (assuming these have some value) there is not a big gap there (hopefully) in the agreed-upon value of $ 400 and what you have and/or can get. Good luck!

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Answered on 4/27/12, 7:21 am


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