Q: should i file a police report for a nintendo switch that i let one of my old friends borrow but ended up selling for alc
my old friend borrowed my switch which i said he could until he finished the game. he let his daughter play on it but then i later found out he ended up selling my nintendo switch to buy alcohol (he’s known for being an alcoholic within his family/friends). i got that switch for $250 and owned around $360 of games i bought on it too so its a big loss on my part.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
Under California law, the unauthorized sale of property that has been entrusted to someone else for a specific purpose can potentially be considered theft. In your case, since you lent the Nintendo Switch to your friend with the understanding that it would be returned after use, and instead he sold it, this could be regarded as a misappropriation of your property.
Filing a police report could be a reasonable step. The police can determine if a crime has been committed and whether to pursue charges. In your report, you should provide all relevant details, including the initial agreement between you and your friend, the value of the Switch and the games, and any evidence of the sale.
Additionally, you might consider a small claims court action to recover the value of the Switch and the games. Small claims court in California handles disputes up to $10,000 and is designed to be accessible without needing a lawyer.
Remember, taking legal action can affect personal relationships, so consider the impact on your relationship with your friend and his family. Also, be prepared for the possibility that even if you win a judgment, collecting the money owed can sometimes be challenging, especially if the individual has limited financial resources.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
