If I paid a man to fix my computer and he will not return my computer or my money can I sue he for theft after deception?

Question

Two months ago I paid a man to fix my computer, he has not fixed it he, he will not answer or return calls he supposedly is not in the shop, excuses after lies and false promises to return my computer and money, none of this has happened.

Michael J. Breczinski · Answer

Go to the police and report this. He sounds like a thief.

Mark Leonardo · Answer

I would report him to the police first. You can sue him in small claims for damages including the value of the computer and possibly for loss of use.

Francis Cowhig · Answer

If he refused to return your computer, you can file a police report, outlining the situation and let the police decide whether to pursue it as a theft case.  You may also be able to sue him for conversion, fraud and breach of the agreement you had with him.

Jason Savela · Answer

If I were you, I would send a letter giving him a specific date to return computer and money (like a week).  I would indicate that if he does not that you will consider contacting the police and a lawyer.  If the computer is not returned, I would contact the police or sheriff in your county.   Keep a copy of the letter.  BTW - civil theft can result in treble damages (3 times damages).

Thomas Edward Gates · Answer

File a police report.  Also, take him to small claims.

Thomas Bulman · Answer

Sue him in small claims court but be prepared to prove you even left a computer there.  Do you have a receipt?  Voicemails where they admit they have it?  Emails?  A worm like this might come to court and simply lie and say he knows nothing about your computer.

Cynthia Henley · Answer

First try reporting him to the police. Second, have a lawyer write a demand letter demanding return of the computer or a lawsuit.

Paul Whitfield · Answer

Sue him for breach of contract for the full value of the computer and whatever you paid him in small claims court.

James Eugene Hasser · Answer

As you have obviously found out the hard way, it probably not a good idea to pay for services in advance, but yes, you probably have a civil claim for money damages. Consult a lawyer. You may want to consider bringing suit in Small Claims Court on your own if the value of the computer is less than $3000. With regard to a potential criminal case, I would consult a criminal lawyer or the D.A. (District Attorney). It is harder to prove a criminal case.

Jared Winter · Answer

This is neither a criminal defense question or personal injury. Call the police. If that doesn't help, then sue him. Depending on the value of the computer, you'll probably be able to sue in small claims court.

David Stoddard · Answer

You are better off to contact the police and press criminal charges. If the police will not charge him, then yes, you can sue him.

James Kelaher · Answer

Since the value of your computer is probably less than $5,000, you can file suit in small claims court for the value of your computer. You do not need a lawyer in order to do that.

Peter Ticktin · Answer

In Florida you have possibly a few different remedies available to you depending on the circumstances. There are statutory protections in place when you have been hurt by the actions in a sales or service transaction. One possible cause of action is under the Florida Deceptive and Unfair Trade Practices Act, and possibly civil theft. There are certain elements that must be met, and certain steps which would need to be taken before you file a suit. Your best bet is to meet with an attorney and bring whatever paperwork you have so  the attorney can determine which causes of action best suit the facts of your case.

Matthew Rabban · Answer

Consider taking him to small claims court.

Andrew Velonis · Answer

You can sue him for breach of contract and conversion.

Christian Paul · Answer

Yes, you can sue him for breach of contract, negligence, conversion (keeping your personal property without permission), money had and received, and other causes of action. You should get your computer back, and if it is not repaired as promised, the money you paid him as well. Take a look at any paperwork involved (contract, work order, etc.) to see whether you have agreed to any specific terms, and whether attorney fees may be collected in the event of litigation. A demand letter or telephone call from an attorney might do the trick for you without having to sue, if your own demand letter has not worked. Good luck.

Robert De Groot · Answer

Yes, you can probably sue in small claims court, but doing so will cost more than the computer. The filing fee is $310, and the service of process fee is $40, in Florida. The suit would be for breach of contract.

Mark T. Peters · Answer

Sue him for conversion and breach of contract. Fraud may be difficult to prove because it generally has to be pled with particularity and the man would have had to intend not to finish the computer when he entered into the contract. In all probability, he just has not followed through.

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If I paid a man to fix my computer and he will not return my computer or my money can I sue he for theft after deception?

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