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

    Dec 20, 2008, 07:05 PM
    failure to return personal property
    I am the claimant in a small claims suit in NYC small claims court. I am looking to recuperate a DVD video from a trip I took last summer to Africa. Am I eligible for damages of sentimental value in additional to the actual cost for the purchase of the disposable DVD camera and developing costs? I have receipts clearly indicating ownership of the items, but I'm wondering if I can put a monetary claim above the actual $56 of the camera and processing costs if the defendant fails to return the actual property to me?

    Thanks,

    Tim
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
    		  
    #2

    Dec 20, 2008, 07:44 PM
    Quote Originally Posted by dharriss View Post
    I am the claimant in a small claims suit in NYC small claims court. I am looking to recuperate a DVD video from a trip I took last summer to Africa. Am I eligible for damages of sentimental value in additional to the actual cost for the purchase of the disposable DVD camera and developing costs? I have receipts clearly indicating ownership of the items, but I'm wondering if I can put a monetary claim above the actual $56 of the camera and processing costs if the defendant fails to return the actual property to me?

    Thanks,

    Tim

    No, you can't collect for emotional distress, which is what you are talking about. Of course, you can sue for anything but you cannot collect for sentimental value.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Dec 20, 2008, 07:46 PM

    sorry no, just actual value of the items lost
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