If my ex-girlfriend broke into my room and destroyed $2000 worth of my things, canI sue her?
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If my ex-girlfriend broke into my room and destroyed $2000 worth of my things, canI sue her?
I can’t prove that it was her, but she was mad that I cheated on her and went away with another girl. She texted me, “I hope you enjoy your trip because its going to cost you”. Can I use that as evidence that she did it?
Asked on April 6, 2011 under Bankruptcy Law, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You can sue your ex-girlfriend for trespass to chattel which is the intentional taking or damaging of the personal property of another. That text message you quoted is probably too ambiguous to be construed as evidence that she destroyed your personal property.
If you do file your lawsuit, you will have the burden of proof of establishing that she destroyed your property. Your damages (the amount you are seeking to recover in your lawsuit) would be the value of your property or the cost of replacing it plus court costs. Court costs would include the court filing fee and process server fee. You will need to mitigate (minimize) damages if you are seeking the replacement cost of your property. This means that if you select the most expensive replacement items you can find, your damages will be reduced accordingly.
Small Claims Court would be appropriate given the amount of your damages ($2000).
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