In November 2009 I loaned my laptop computer to a friend who lives in Tualatin, Oregan. I live in California. I mailed her the laptop with a verbal aggreement that it would be retuned in February 2010. I have asked for the laptop back several times now and all I get is excuses as to why she can't return it. One of them being her car is broke down and she can't get to the post office or, I don't have the money to send it back right now. I sent her a check for $25.00 to be used for the return cost. She said it wasn't enough and she doesn't have the difference. (check was never cashed). I finally bought and shipped her a box with shipping supplies and a pre paid postage return label. I informed said friend that a postal worker would be out to pick up the package on 26 February 2010. Her response was "I will try to be home on time to hand the package over". She didn't ask me what time the pick up would be. So, with her response I am assuming she doesn't have any intentions of returning my laptop on said date. After her remake about being home she said she would take the package to the post office ASAP. I have heard that so many times. I would like to know if there is any legal action I can take from California that doesn't require me flying to Oregan to take care of this. I have the original receipt for the laptop and all pertant receipts regarding the shipping and all supplies sent.
1 Answer from Attorneys
Assuming you have support for the fact that she understood this was not a gift, i.e, an email, etc.; You can file a small claims case in California but only if you serve the friend with the lawsuit in California (i.e., when they travel here) or if they own property in California. If neither of these are options you may sue her in small claims in Oregon, but you would have to check their rules as I am not familiar with Oregon small claims.
Best of luck,