How shouldI go about suing a man for theft by deception in small claims?

UPDATED: Aug 9, 2011

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How shouldI go about suing a man for theft by deception in small claims?

I paid a man $85 to repair a gaming console. I gave him 3 consoles; 1 for repair and 2 for parts. It has been an entire year now and I have received 2 back exactly how I gave them, and the 3rd was sent to out to the manufacturer for replacement (not fixed). I have now spent $100 in fees on the account for premium services waiting for the console to return. My calls have been ignored, and  have only been given excuses (I lost the paperwork, I was away, I was sick). I would like to know how much I should sue for and how about I will sue the console replacement cost is about $300-400.

Asked on August 9, 2011 Rhode Island


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you file suit in small claims, your best theory of recovery would be for breach of a contract (oral or written) against the man you gave the $85.00 to repair the gaming console. Your damages would be what you have given up (incurred) as part of the agreement.

If the entire repair was to be done for $85.00, your damages would be the consold replacement cost of $300 to $400, plus the $100.00 in fee less the $85.00. Damages would seem to be in the range of $315.00 to $415.00. Make sure you bring all the paperwork you have to the small claims hearing.

In essence, your damages are the difference between what you were promised and what you received in the agreement.

Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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