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    Albuqcrew's Avatar
    Albuqcrew Posts: 1, Reputation: 1
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    #1

    Jan 9, 2007, 11:52 AM
    Filing a lien
    This maybe an unusal question or circumstance but, my son let his girlfrien use his cell phone so that she would have one to use while she was away at college, her parents took the phone and threw it in the toilet and damage it to where it doesn't work properly. The parents also have another one of his cell phones that he let his grilfriend use and the parents took that cell phone and changed it over to a new number and will not give it back. Question is can we file a lien on the property for the cost of the two cell phones? The grilfriend is 19 years old.




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    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Jan 9, 2007, 11:55 AM
    Hello Albug:

    No, but HE can file a small claims suit.

    excon
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jan 9, 2007, 04:57 PM
    To file a lien you have to first get a court judgement that they refuse to pay.

    Now you have to decide who to sue, the girl was given the phones by your son. So the girl had legal possession of them. But she allowed her mother and/or someone to destroy the phones and convert to personal use

    In my day of course I would have told my son it was his fault for giving them in the first place, make him work them off and let it be a learning lesson for HIM.

    But of course today everyone wants to sue everyone. So if the phones are in his name, he needs to sue the girl and her parents in a suit for value of the loss.

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