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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100001
Experience:  Lawyer
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Can i sue a night club my cell phone and all my

Customer Question

can i sue a night club for taking my cell phone and all my cards in my wallet? we had got a booth and owed 800$, i had the funds available on my card but their machine was having problems and i still owed them 250$, they took my phone and cards as collateral and would not let me leave if i didn't, it is my business phone and they haven't answered me when i try to contact them to pick it up, i have lost out on average about 1'000$ in sales every day
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.
Have you gone over there to try and pick up the phone ?
What did they tell you in terms of how to get it back?
Customer: replied 2 years ago.
they are only open on weekends , they told me i could pick it up the next day, i went there but none was there and no one is answering my calls or emails and am losing out on more money everyday
Customer: replied 2 years ago.
was wondering if i can get money from them for the lost income?
Expert:  Debra replied 2 years ago.
I am sorry for the delay. I can see that my earlier answer did not post.Given they said you could get the phone back the next day and especially since they had no legal authority to take the phone and now have been ignoring your calls you can certainly sue them for damages.But whether you can sue them for all the lost income is not clear. They may argue that you should have replaced the phone, or did something else to mitigate your damages if you are truly losing $1000 a day. You will also have to be able to prove that you lost this money each day without your phone.But if you can show that and you can explain why you didn't replace the phone if you were losing so much money then you would succeed if you sue them.
Customer: replied 2 years ago.
ok well what i do is i own my electronics company, we sell/repair phones, computers, tvs etc, if i am able to prove all the lost sales/repairs then i would get some money ? any idea how much i can get? i could get a new phone but that one has all my business contacts, I'm also in school full time and getting a new phone to use for the week is a headache, i am assuming i will be able to pick it up on friday however that is a week of lost income
Expert:  Debra replied 2 years ago.
You could likely get all you can prove in terms of lost income but you would have to prove what you lost clearly and prove that there was no way to prevent this.

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