I need some legal help.

Sullybob · 07-10-05, 02:07

Here is the scenario.
On June 22 of this year we left our camera at a restaurant in Mt. Shasta.
My wife called on June 23 and talked to the hostess, who had our camera. She took all of our information and arranged for us to be billed via our credit card. While she was on the phone with my wife she gave the camera to the owner/manager. He was going to send it out ASAP.
On July 1st I called and spoke with the owner. He said he would have to look around for the camera. He also said that the hostess that my wife spoke with wouldn't be in until later that night and then he would discuss the issue with her. He took all of my information and said he would get to the bottom of this and call me back.
That night I called and spoke to the hostess who originally had our camera. She said that she gave the owner the camera while she was on the phone with my wife.
On July 2nd I called the owner wasn't there. I left a message for him to call me back. He didn't.
On July 3rd I called and talked to the owner. He said they were very busy due to the holiday and he would call me back. At this point I was getting the impression that we were not going to ever get the camera back. He would not confirm that the hostess had ever given him the camera, at the same time he wouldn't say she didn't give him the camera. When I asked him "did she or did she not give you the camera"? He said "I will have to look around for it and talk to her and see what she did with it".
On July 5th I called back, the owner was not there. I left my phone number and asked that he please call me back.
July 6, I called again. I spoke with another hostess (not the one who gave the owner our camera) the owner was not at work. I left a message for the owner.
July 7th. Same as above
July 8th. The owner stepped out. Left another message for the owner.
July 9th. The owner stepped out. Left another message for the owner.
At this point it's my word against his, or his employee's that he has our camera.
What legal avenues are open to me? Can I call the police and file a complaint or press charges? We left our camera there so how does that effect us legally?
If we don't get our camera back I plan on filling a complaint with the better business bureau and since he owns a chain restaurant I will also call the head quarters to complain. Should I call the chamber of commerce?
Any help is really appreciated.

Rollman · 07-10-05, 02:39

I don't see what the BBB would do but you can try that route. I would call the head quaters of this chain thats for sure . Call the Mt Shasta PD and see what you can do there.

Do you have the names of these people if so here's what I would do . If you know a lawyer ask him to write a letter to both parties stating that your about to take legal action with them on this matter . If your don't know any then be creative on your own

Good luck , keep us in the loop.

Sullybob · 07-10-05, 03:04

I have all of the names of the people whom I spoke to written down. I didn't want to name the restruant or the people who work there in case I can get this worked out.
I think that I have to call Mt. Shast PD at this point. I just really hoped that he would mail me the camera.

chml17l · 07-10-05, 04:08

I'm no leagal expert, but sadly I think you are probably out of luck. Many establishments post signs saying they are not responsible for lost articles although I don't know to what extent this covers the owner from any liability.

Unless you have a lawyer friend, the cost of enlisting a lawyer to write a letter and possibly take further action will probably cost about as much as a decent new camera. I'm assuming we are talking a nice SLR 35mm or higher end digital here.

Sullybob · 07-10-05, 05:53

chml17l that is kind of what I was thinking. I only wondered if it might be different because one of his employees said that it was in her possession and that she gave it to him.
I think that the only way I can come out ahead is if he is stupid enough to charge my credit card for the cost of shipping it back to me and then doesn't.

BillyBarou · 07-10-05, 06:12

I think you may have a good case for small claims court.

Lowejackson · 07-11-05, 03:44

My Knowledge of American law is practically zero but generally speaking if a company initially acknowledges possession of someone else’s property they should have a duty of care to keep it safe until arrangements have been made to return it to its lawful owner.

If in the meantime, they choose to keep it, that would generally be regarded as theft – to intend to permanently deprive the owner of their property.

A great many claims are one persons word against another. As you have records of conversations which are contemporaneous, this can really help matters.

I would write a nice letter to the business owners asking for you property to be returned by a specific date. Keep the letter civilised and short, explain the timeline and the circumstances. State that if the situation is not resolved by the expiry date you will have no option other than to report to the Authorities.

DaGonz · 07-11-05, 04:08

Moral to the story...check to make sure you have all of your things with you when you leave any sort of establishment!

Setec Astronomy · 07-11-05, 04:54

I'd call the police there--they may stop by to talk to him about it...it may be that looking at a badge will jog his memory as to where the camera is. Of course, if the police recover it, I doubt that they will ship it back to you....maybe you will have to wait until your next vacation there to pick it up.

az57chevy · 07-11-05, 10:05

Call the COPS now !!! Finder keepers is not part of the legal stautes.

Lowejackson · 07-12-05, 03:29

After a nights consideration I would say ignore my previous advice and phone the police

mataku · 07-12-05, 05:37

I think it really depends on what the hostess says. If she's not willing to "testify" for you, it's just your word against his really. w/o any evidence, you won't get anywhere. Also, think about what would happen if the hostess were to testify for you in court or simply to an officer, chances are the owner will make her quit or fire her.

I'd say threaten to take legal action and see what he does. he may just cough it up if he gets shaken up a bit.