Lawndale, CA asked in Consumer Law, Criminal Law and Identity Theft for California

Q: The phone repair shop returned my phone without the sim card and sd memory card. what should I do?

I gave my mobile to a repair shop. few days later they return the phone without repair. Next day I found that the sim card and micro SD memory card is missing. I have contacted them several times but no avail. They say they cannot find it. And now they are responding to my calls. I've already bought a new phone. Should I lodge a complain to sheriff's office for the loss of my pictures and personal information?

3 Lawyer Answers

Dale S. Gribow

Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: MORE INFO NEEDED

IF YOU DO NOT GET SATISFACTION FROM POLICE THEN SUE IN SMALL CLAIMS COURT WHERE YOU CAN BRING AN ACTION FOR UP TO $10,000

William John Light

Answered
  • Riverside, CA
  • Licensed in California

A: You can get a replacement sim card for free at your cell provider. It seems unlikely that you will be able to prove that your phone had a micro SD card in it when you took it to the repair shop, unless your photos start showing up on the internet. You can always try a Small Claims suit for the value of the card and photos, but I don't know how you prove the value of digital photos.

John Karas

Answered
  • Criminal Law Lawyer
  • Temecula, CA
  • Licensed in California

A: You can lodge a counter police report with the Sheriff's Dept. but it is unlikely that they will investigate let alone refer the matter to the DA's office for prosecution.

Instead, your remedy is to file a lawsuit in Small Claims court for the amount you paid/replacement cost of the Sim and micro SD cards. Whether you would be able to collect damages for the "value" of the pictures depends on whether the Commissioner hearing your case believes the "value" is too "speculative" versus their "sentimental value". Courts don't award speculative damages.

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