Q: In small claims court can i recover for my time, lets say I fixed a damaged item myself?
Plus, if it never was repaired, am I still entitled to the cost of what it would have cost to repair the damaged item.
A:
The law allows you to recover the reasonable "cost of repair" for property negligently or intentionally damaged by another person, regardless of who repairs it and regardless of whether it is repaired.
For example, it is not uncommon in an older automobile that the cost of repairing a dented fender is significantly more than the diminution in value caused by the dent. In such a situation, the owner might choose to keep the money and not fix the dent because of plans to sell the car in the near future.
A: Be aware that if the damaged item is pledged as collateral for a loan, as often happens with cars for instance, the loan agreement typically requires the debtor to make repairs if the collateral is damaged. Creditors will consider the amount of the loan and the value of the collateral in making a decision whether to enforce such language in a loan agreement. The debtor can typically avoid any dispute with the creditor by paying off the loan.
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