Omaha, NE asked in Gaming and Small Claims for Nebraska

Q: Can I sue my sister for her son who is 10 stealing from me or can I sue him it was almost 300$ which he used on a game?

About a month ago while watching my nephew while his mom was in new York he purchased almost 300$ worth of PlayStation virtual currency In a game called fortnite which overdrew my account in total changes it was 415.31 Initially she said she would pay me back but has now changed her mind after me trying for 2 weeks to get the money and her giving me excuses she is now saying she doesn’t feel she should have to because I was “not watching him” I’m wanting to know what I can do to try to recover these funds as it’s put me in a really hard financial position I’m 5months pregnant and have not been able to attend work regularly due to my sciatica and other pregnancy related issues can I file a police report? Do I file it against her or her son he’s 10years old

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1 Lawyer Answer

Julie Fowler

Answered
  • Omaha, NE
  • Licensed in Nebraska

A: Small claims court is designed exactly for this type of situation where there is a relatively low dollar request to repay due to a wrong. Many of the county courthouses have the forms available for you to pursue a small claims case on your own. It may make sense to handle this in small claims court even if you could file a police report against the other party for the wrong.

That being said, when family members are involved, sometimes a non-legal solution is the best solution overall. Can the child repay the debt in another manner, such as lawn mowing, washing the car, or another way of helping out to repay the debt?

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