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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 11282
Experience:  Licensed Texas General Practice Attorney
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I loaned my friend a professional camera two years ago. The

Resolved Question:

I loaned my friend a professional camera two years ago. The shutter button was broken and required about $100 in repairs. She agreed to pay for the repairs but she decided to have additional work done ($400 total) to the camera (without my authorization). When I contacted her about returning my camera (again, two years later), she demanded I compensate her for ALL the work done before she would return the camera. I plan on taking her to small claims court to get my camera back. Do I have a case? I just want my camera back.
Submitted: 1 year ago.
Category: Legal
Expert:  ScottyMacEsq replied 1 year ago.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

Customer:

Thank you.

ScottyMacEsq :

you absolutely have a case. If she did the additional work done without your authorization, or your knowledge that it would be done, then she will bear most, if not all, of the loss.

ScottyMacEsq :

Now it's possible that the judge could find that it would be an equitable for you to benefit from her mistake, and say that you have to pay her the fair market value of the increase.

ScottyMacEsq :

This is what's known as "unjust enrichment".

ScottyMacEsq :

But the main question would be why she did these additional repairs.

ScottyMacEsq :

Was she acting like this camera was hers?

ScottyMacEsq :

In short, it might be something that the judge says that she did this without any reasonable expectation of reimbursement, since you did not know or agree to the additional work done, and that you have no responsibility to pay her for that.

ScottyMacEsq :

And at most, you would have to pay for the increase in the fair market value of the camera, not the entire amount of the work done.

Customer:

That's a very good point and exactly why I'm concerned. I simply loaned her a camera body to help her start her career. She also sent me an email stating the camera body and other accessories were being loaned to her. She sent the camera out for repair and decided to have additional work done without my authorization. I would not have authorized the repairs.

Customer:

Is there a statute or something I can reference?

ScottyMacEsq :

I completely understand, and while the judge may order you pay for the increase in the value to you (since you're arguably getting a better camera than you lent) it won't be the full amount of the work done.

ScottyMacEsq :

No. This is common law (not statutory).

ScottyMacEsq :

But small claims court is more equitable anyway...

ScottyMacEsq :

That is, they typically make decisions based on what's fair rather than statutes and case law.

Customer:

Do I need to worry about discussing the situation with mutual friends and contacts?

ScottyMacEsq :

No. Just make sure that you stick to the truth.

Customer:

Great. Thank you for your help.

ScottyMacEsq :

My pleasure.If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX good luck to you!

ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 11282
Experience: Licensed Texas General Practice Attorney
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