Lent co-worker computer, she refuses to give it back!

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kumanchu

Golden Member
Feb 15, 2000
1,471
4
81
ummm.... i'm _fairly_ sure you don't need to even go to court. go to your local police station; explain the situation and they will likely contact your coworker and help you get your computer back.

she may be trying to claim the computer because of
a.) adverse possession - which wouldn't be true in any case because you let her borrow it in the form of a liscence (giving her permission) and a liscence is freely revocable (you can ask for the computer back anytime) according to general property law.

b.) statute of limitation on civil cases of 1 year - this would start running after you asked for the pc back, not when you lent it to her. various jurisdictions have different limits (usually 1 to 2 years) so that cases aren't brought up many years later. general acquisance is viewed as acceptance by the courts.

*edit*
if you don't get help from the police, you can sue for
a.) injunctive relief - the court forcing her to give the pc back to you

or

b.) damages - the cost of the pc
you must be able to prove that the pc is yours; receipts / serials (to software and the hardware) will be your best bet. further evidence that shows you lent it to her, rather than gave it or donated it, would be useful.
 

tami

Lifer
Nov 14, 2004
11,588
3
81
1. give everyone on ATOT her number.
2. have people call her pretending to be lawyers and saying she will be sued for $2,800 plus tax if she does not comply with returning your computer to you in the same shape it was delivered in.
3. ????
4. PROFIT.
 

HumblePie

Lifer
Oct 30, 2000
14,665
440
126
Originally posted by: tami
1. give everyone on ATOT her number.
2. have people call her pretending to be lawyers and saying she will be sued for $2,800 plus tax if she does not comply with returning your computer to you in the same shape it was delivered in.
3. ????
4. PROFIT.


WINNAR!!!
 
Mar 15, 2003
12,668
103
106
Originally posted by: tami
1. give everyone on ATOT her number.
2. have people call her pretending to be lawyers and saying she will be sued for $2,800 plus tax if she does not comply with returning your computer to you in the same shape it was delivered in.
3. ????
4. PROFIT.

Ruth Heronemus - 347-513-4887
 
Nov 5, 2001
18,366
3
0
Originally posted by: Cleaner
I agree get her an option to return it then call the cops. Show them your sales receipt and any other documentation you have on the said unit. They will sort it out.


QFT
 

So

Lifer
Jul 2, 2001
25,923
17
81
Originally posted by: freedomsbeat212
Originally posted by: tami
1. give everyone on ATOT her number.
2. have people call her pretending to be lawyers and saying she will be sued for $2,800 plus tax if she does not comply with returning your computer to you in the same shape it was delivered in.
3. ????
4. PROFIT.

Ruth Heronemus - 347-513-4887

:Q
 

axelfox

Diamond Member
Oct 13, 1999
6,719
1
0
Originally posted by: kumanchu
ummm.... i'm _fairly_ sure you don't need to even go to court. go to your local police station; explain the situation and they will likely contact your coworker and help you get your computer back.

she may be trying to claim the computer because of
a.) adverse possession - which wouldn't be true in any case because you let her borrow it in the form of a liscence (giving her permission) and a liscence is freely revocable (you can ask for the computer back anytime) according to general property law.

b.) statute of limitation on civil cases of 1 year - this would start running after you asked for the pc back, not when you lent it to her. various jurisdictions have different limits (usually 1 to 2 years) so that cases aren't brought up many years later. general acquisance is viewed as acceptance by the courts.

*edit*
if you don't get help from the police, you can sue for
a.) injunctive relief - the court forcing her to give the pc back to you

or

b.) damages - the cost of the pc
you must be able to prove that the pc is yours; receipts / serials (to software and the hardware) will be your best bet. further evidence that shows you lent it to her, rather than gave it or donated it, would be useful.

Sounds like a law school answer :)
 

dabuddha

Lifer
Apr 10, 2000
19,579
17
81
Originally posted by: So
Originally posted by: freedomsbeat212
Originally posted by: tami
1. give everyone on ATOT her number.
2. have people call her pretending to be lawyers and saying she will be sued for $2,800 plus tax if she does not comply with returning your computer to you in the same shape it was delivered in.
3. ????
4. PROFIT.

Ruth Heronemus - 347-513-4887

:Q

/me fires up the wardialer :D
 

kranky

Elite Member
Oct 9, 1999
21,019
156
106
What would happen if you told her you were coming over to her house tonight to pick it up?
 
Mar 15, 2003
12,668
103
106
Originally posted by: kranky
What would happen if you told her you were coming over to her house tonight to pick it up?

Breaking and entering... I thought of that and, while I have the receipt in front of me ($3,023.95...argh!!!!) the cops woudl still give her the benefit of the doubt and we'd have to go to court and I may spend the night in jail... Argh..
 

dabuddha

Lifer
Apr 10, 2000
19,579
17
81
Originally posted by: freedomsbeat212
Originally posted by: kranky
What would happen if you told her you were coming over to her house tonight to pick it up?

Breaking and entering... I thought of that and, while I have the receipt in front of me ($3,023.95...argh!!!!) the cops woudl still give her the benefit of the doubt and we'd have to go to court and I may spend the night in jail... Argh..

Wait, if you have the receipt in front of you, why the hell haven't you called the police and started filling out the paperwork for small claims court?
 

So

Lifer
Jul 2, 2001
25,923
17
81
Originally posted by: dabuddha
Originally posted by: freedomsbeat212
Originally posted by: kranky
What would happen if you told her you were coming over to her house tonight to pick it up?

Breaking and entering... I thought of that and, while I have the receipt in front of me ($3,023.95...argh!!!!) the cops woudl still give her the benefit of the doubt and we'd have to go to court and I may spend the night in jail... Argh..

Wait, if you have the receipt in front of you, why the hell haven't you called the police and started filling out the paperwork for small claims court?

yeah, you can nail her to the wall on this.
 
Mar 15, 2003
12,668
103
106
Originally posted by: dabuddha
Originally posted by: freedomsbeat212
Originally posted by: kranky
What would happen if you told her you were coming over to her house tonight to pick it up?

Breaking and entering... I thought of that and, while I have the receipt in front of me ($3,023.95...argh!!!!) the cops woudl still give her the benefit of the doubt and we'd have to go to court and I may spend the night in jail... Argh..

Wait, if you have the receipt in front of you, why the hell haven't you called the police and started filling out the paperwork for small claims court?

Time, the fact that I have no vacation days left and that I was hoping an easier solution would exist. I will look into it, I hope it doesn't cost me a ton!
 

piasabird

Lifer
Feb 6, 2002
17,168
60
91
Sounds like the only way to get it back is to file a civil suit. There are a few other options but only if you know someone who has access to her home and would be willing to take it for you. This would be a repro action.

I thought of something else. You could complain to the people at work and tell them that because of this incident you feel she should be considered an untrustworthy risk at home. Also the company project could be considered company property. People have probably been fired for less. There is a certain expectation in the IT field and the management field that a person should be trustworthy. Obviously she is not very trustworthy.

This could evolve into a He Said -- She Said argument in the courts. Have you got proof of ownership?
 

zebano

Diamond Member
Jun 15, 2005
4,042
0
0
Originally posted by: dabuddha
Originally posted by: freedomsbeat212
Originally posted by: kranky
What would happen if you told her you were coming over to her house tonight to pick it up?

Breaking and entering... I thought of that and, while I have the receipt in front of me ($3,023.95...argh!!!!) the cops woudl still give her the benefit of the doubt and we'd have to go to court and I may spend the night in jail... Argh..

Wait, if you have the receipt in front of you, why the hell haven't you called the police and started filling out the paperwork for small claims court?


This is the right idea. Go TALK to the police. If they can't/won't help you, then move on to small claims. Since this is a co-worker, hopefully another co-worker has overheard the two of you discussing this at work. They might be able to help you out in small claims (I'm not a lawyer, so this is guesswork based on the time I almost took my ex-roomates to court to collect rent).
 
Mar 15, 2003
12,668
103
106
Originally posted by: zebano
Originally posted by: dabuddha
Originally posted by: freedomsbeat212
Originally posted by: kranky
What would happen if you told her you were coming over to her house tonight to pick it up?

Breaking and entering... I thought of that and, while I have the receipt in front of me ($3,023.95...argh!!!!) the cops woudl still give her the benefit of the doubt and we'd have to go to court and I may spend the night in jail... Argh..

Wait, if you have the receipt in front of you, why the hell haven't you called the police and started filling out the paperwork for small claims court?


This is the right idea. Go TALK to the police. If they can't/won't help you, then move on to small claims. Since this is a co-worker, hopefully another co-worker has overheard the two of you discussing this at work. They might be able to help you out in small claims (I'm not a lawyer, so this is guesswork based on the time I almost took my ex-roomates to court to collect rent).

To be clear we're both freelance, we don't have a boss but we worked together on a few projects. I spoke to the cops and they said that this was a court matter and not a police matter. I wonder would they would say if I just took back what I worked my butt off to pay for... ARGH...
 

SupaDupaPan

Golden Member
Jun 1, 2004
1,071
0
76
Originally posted by: Phoenix86
Originally posted by: spidey07
heh, possesion is 9/10s of the law.

You may be out of a computer.

her at small claims court - "He gave it to me as a gift, I mean I've had it for over a year."
This is why he needs to record the conversation of her saying what was said in the OP.

What he said.

Speak to her about returning the computer you lent her and ask her why she thinks that it's hers etc etc. Then use that as evidence along with your receipt when bringing it up with first, your boss. That might be a way for you to get it back without taking a day off... If he refuses to help, just go to the police and report it.
 

feelingshorter

Platinum Member
May 5, 2004
2,439
0
71
Originally posted by: freedomsbeat212
Originally posted by: jaedaliu
how much is the computer worth now?

Will it be worth the trouble to take her to people's court?

make sure you let us know before it airs.

I'd say the fair market value is around $1,200. I paid $2,800 for the thing though. argh!

dude thats a big amt of money. Sue her quickly as i believe there is a time limit on these things? Bring her to small claims court, which costs 50 dollars but you get your money back.
 

dainthomas

Lifer
Dec 7, 2004
14,936
3,915
136
Originally posted by: freedomsbeat212
Originally posted by: tami
1. give everyone on ATOT her number.
2. have people call her pretending to be lawyers and saying she will be sued for $2,800 plus tax if she does not comply with returning your computer to you in the same shape it was delivered in.
3. ????
4. PROFIT.

Ruth Heronemus - 347-513-4887

Someone should post this on a swingers website. Preferably with pics of some random half-naked lingerie model. Particularly effective if she's married.