Legal Question in Criminal Law in Ohio

Suing for a cell phone

Work at a theatre and a customer accused me of stealing their cell phone. Come to find out they are now suing me for it. What can they do? I did not take it and they have no proof? What can I do?


Asked on 4/20/07, 12:20 am

2 Answers from Attorneys

Mark Chuparkoff Chuparkoff & Chuparkoff

Re: Suing for a cell phone

I'd hire a lawyer that won't take crap from anyone... someone who won't be bullied by someone who abuses the legal system. I think it's crap that someone would sue you without any proof.... the problem is that they got your name from someone, and a hunch. There may be more to this than we know. If you want, contact me and we'll make their suit go away!

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Answered on 4/20/07, 8:37 pm
Bradley Miller Miller Law LLC

Re: Suing for a cell phone

If they are just suing you for it, then this shouldn't be a criminal matter, but a civil one instead.

The customer can sue you for the value of the cell phone and can try to get attorneys fees and also punitive damages (punishment). If there is no proof, it may be that the person is hoping to get some money out of you to make the situation go away. It is much like when you hear of people in cars pulling out in front of someone else or stopping abruptly in front of them in the middle of the highway to cause an accident and try to get money out of the victim.

The best thing you can do, especially if you did not take the phone, is to try to fight it. If this is a small claims case you may be able to do it on your own, otherwise I would suggest contacting an attorney to help represent you. If you can prove that the other person had no proof against you but fraudulently filed the claim to try to get money from you, you may be able to get costs and attorneys fees from them.

If you have any further questions, feel free to contact me.

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Answered on 4/20/07, 10:11 am


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