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[gerard]

My son traded his IPhone for a Blackberry. The girl he traded with broke the IPhone power button, cracked the screen. Now her older sister, not envolved in the original trade, who is 18 has been threatening my son demanding he trade back. After all requests for a "trade back" were denied, she quickly hands him the Iphone at school in front of surveillance video and says she no longer wants it. One week later, she tells the Deputy Sheriff who is on duty at school that my son and her traded phones back a week ago (an event that NEVER occured) and since then, my son had stolen the Blackberry back out of her purse. The Deputy temporarily confiscates my son's phone (the Blackberry) on the grounds of "possible theft". After speaking with myself, he returns the Blackberry back to my son and advises the girl to take it to Civil Court. Without obtaining a lawyer, is there any way to subpoena the video tape that will prove they never traded back phones. I know the exact time and date she claimed to have traded back phones. Also, upon proving that she lied to a Deputy Sheriff, what steps can I take to make her pay for what she's done, for Defamation of Character, making false statements to law enforcement and to end this once and for all?

[torin7]

Ohhh wait I got it.

Well, alright. Here's the thing--the act of the girl's sister giving the iphone back to your son is a one-sided transaction. Your son didn't agree to it, therefore a contract was not formed. If your son just coughs up the iphone, then there isn't anything wrong. What took place in front of the camera is irrelevant.

If you just explain the situation, I'm pretty sure the sheriff/girl's parents would understand. If it goes to court (which I doubt) and everything you've said is true, then the court will understand.

And no, you can't sue for defamation of character unless your son was damaged by it. And by damaged, I mean actual monetary damages, such as not being able to engage in trades with other students as a result of this incident.

[shaddoc98]

hmm...sounds like a pretty shitty predicament. i don't think it will be taken to court, but if so tell the complete, honest truth...try asking the school for the surveillance video. if your son gets punished most likely it'll just be a small fine

[curadhan74]

Just tell the deputy sheriff that your son and the younger sister traded phones (his iphone for her blackerry) and later the younger sister broke the iphone and then her older sister started harassing your son to give back the black berry to her younger sister in exchange for the broken iphone. Your son denied and the older sister later GAVE him the iphone simply because its no longer useable.

(the only thing that cameras can really prove is that she gave the iphone to your son unless there's audio which proves she just GAVE it and not TRADED it because we don't know if your son might of given her the black berry earlier that day)

The best you can do is be honest and hope for the best.