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Richard
Richard, Attorney
Category: Legal
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Experience:  Attorney with 29 years of experience.
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an acquaintance took two video cameras each valued at 1,000$

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an acquaintance took two video cameras each valued at 1,000$ each. he would claim i let burrow. his word against mine. its been about 3 months. ive asked numerous times for them back. can i do anything? hes been fired before for stealing from the work place. i have no criminial record and i have had the same job for 5 years. IM also white, hes mexican. do i have any sort of an edge. i also have freinds who have had trouble w him before who are willing to side w me. thanks
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.


Good morning. Since the cameras belong to you and he's saying he borrowed them, there's no question that he must return them. You have both the right to pursue criminal charges and file a civil lawsuit. So, yes you can contact the district attorney and file criminal charges. But, if I were you, I would first file a civil suit for your actual damages..the cost of replacing the cameras. The burden of proof is lower in a civil case (preponderance of the evidence versus beyond a reasonable doubt) and the district attorney will likely be more willing to take the case if you already have a civil judgment awarded in your favor. Plus, the civil suit will give you the collection options and leverage you seek. Once the suit is filed and a judgment awarded, you become a judgment creditor, and if the losing party doesn’t then pay the judgment, you can have the sheriff serve a summons on the losing party for a debtor examination. That forces the losing party to meet the judgment creditor in court and answer questions under oath about the losing party's assets. After that information is obtained, the judgment creditor has the power to garnish wages, attach bank accounts, have the sheriff seize other personal property, and/or place liens on any non-homestead property to satisfy the judgment.



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Customer: replied 3 years ago.

how do i go about filing a civil suit?

Thanks so much for following up. You can file this in small claims court by filing a simple complaint form. You do not need a lawyer and need only pay a small filing fee. Most of these courts allow you to file the claim on line. If you google the name of your particular county and "small claims courts" it will point you to the precise filing rules in place for your county.
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