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Joseph, Attorney
Category: Legal
Satisfied Customers: 7280
Experience:  I have 15 years experience in the legal field, currently specializing in criminal and family law
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My girlfriend who is seperated from her husband had borrowed

Resolved Question:

My girlfriend who is seperated from her husband had borrowed his truck because he had her car repossed. I thought my cell phone had fallen out the window but it had not. Her husband found my phone in his truck and accessed my pictures on my phone. There was a picture of my girlfriend and a male friend lying on the sofa togather that he pulled up on my phone that I thought I had lost. He then took his cell phone and snapped a picture that he pulled up off of my phone and posted it on facebook..Can I sue him for invasion of privacy..
Submitted: 7 years ago.
Category: Legal
Expert:  Joseph replied 7 years ago.

You could sue him, but I don't know that there would be any real value to such a suit. In most lawsuits, you need to demonstrate some "damage". Damages are usually quantified as a dollar value. In your situation, it would seem problematic to demonstrate that you had suffered any damages. Additionally, such a lawsuit could take a lot of time and money. Short answer, it's probably not worth the hassle.


A more prudent course of action would be a demand letter. An attorney could write a letter for you demanding that he take down the picture. The letter would further state that, if he doesn't comply, you will file a lawsuit at that point. Most people will receive such a letter and quickly comply.


As to the phone, if he still hasn't returned it, then call the police. Even though you may have accidentally left it behind, his refusal to return it to you could be considered a theft.


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Expert:  Joseph replied 7 years ago.

I am going off-line for the evening. Please feel free to respond, if necessary, and know that I will be back on-line tomorrow.


Thank you for your patience.