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Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Lawyer
Category: Legal
Satisfied Customers: 2156
Experience:  Practicing Attorney with 10 years experience
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When my stepson visited planning on him and his family

Customer Question

When my stepson visited planning on him and his family moving to the area we live I put a 3rd cell phone on my plan in that cost me 596 dollars over a non endable 36 month period. His wife took off and left with his kids a few days later for several months. After her contacting him to come get her and the kids he left with the phone without paying it off. After she flew back to their home with the children to california he stopped back in to stay with us for a week on the drive back to california from NY. He offered to fix my truck because hes a part time mechanic. After buying the parts for the repairs he knewingly did something that blew the engine in my truck and left. He had claimed then that the phone had been broken and would be shipped back to his house in california and when hetting home would pay me for the phone purchase price that Im billed for for a total of 596 dollars. He refuses to return phone to me refuses to pay for the phone and services he is stil using on the device. He refuses to answer calls on his work cell phone or at home. His wife and inlaws have threatened harassment charges if we try to contact him at his home or cellular number again. By Ilcs law the taking of the device valued at 596 from my house falls as a class 3 felony and the knowingly wrong doing of repairs on the vehicle comes to a price of the vehicle being totalled. Do I have grounds to file a civil suit for the money I am being forced to spend under a 30 month contract and value of replacing the vehicle even though he is in a different state now? The price of the celluar device plus charges itself totals totals more than 1000 dollars. The price of the vehicle that he did something knowing that it would total the engine of the vehicle is aproximatly 5000 dollars. Do I have enough grounds to substantiate a civil suit against him and his wife? I have the phone statements showing that he is still currently using the celluar devise that unknowing to me had the account put into his name until I changed the security features on the account so the he could not modify anything on the account when he refused to return the devise and stated I should have paid for the repairs.
Submitted: 9 months ago.
Category: Legal
Expert:  Asad Rahman replied 9 months ago.
I am very sorry to hear that. It looks like he took advantage of your Goodwill. Yes you do have grounds probably in small claims court to file suit against him for theft, fraud and breach of contract. You might also add negligence for his poor repair of the truck
Expert:  Asad Rahman replied 9 months ago.
All the money you have to pay as part of the contract would be part of the damages you would seek.
Customer: replied 9 months ago.
The value of the product he stole constitutes theft 3 a class 3 felony in illinois. When filed and a subpoena is sent how can I ensure that he is forced to return here for court?
Expert:  Asad Rahman replied 9 months ago.

You just have to make sure he is properly served in the state he's in. If he fails to appear you can get a default judgment and then final in his state to enforce the judgment.

Expert:  Asad Rahman replied 9 months ago.

Let me know if you have any additional questions. Otherwise a positive rating would be appreciated.