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Civil Issue?

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ksjane

Member
What is the name of your state? KS

Legally, what can be done if a former roomate alleges that their personal items were not returned to them after they moved out (a year later to be exact)?

Can they call the police and have the person arrested? Can the police come on the homeowners property and threaten to arrest them?

The specific items are tools, and the homeowner alleges the only items in the home are property of the homeowner. Police did leave, however, said they would be back to retrieve the items as well as arrest the homeowner for theft?

Does this seem excessive for something that basically comes down to 'heresay'?

TIAWhat is the name of your state?
 


CdwJava

Senior Member
Legally, what can be done if a former roomate alleges that their personal items were not returned to them after they moved out (a year later to be exact)?
It depends on the details. They might be able to report them as stolen or embezzled, or they might be able to sue the person that has them.

Can they call the police and have the person arrested? Can the police come on the homeowners property and threaten to arrest them?
They can try ... and, probably. The police can threaten most anything, what they can NOT do is arrest without probable cause to believe that a crime was committed and that the person arrested committed the crime.

The specific items are tools, and the homeowner alleges the only items in the home are property of the homeowner.
Are they?

Police did leave, however, said they would be back to retrieve the items as well as arrest the homeowner for theft?
Then the homeowner might want to speak to an attorney. If the other party can show proof that the items belong to him, then the homeowner might be convicted. However, an arrest requires a much lower threshold of proof than an arrest.

Does this seem excessive for something that basically comes down to 'heresay'?
I assume you meant to write, "Hearsay" ... heresy relates to a belief or teaching contrary to prevailing religious doctrine.

Not, this is not hearsay. A person is providing direct testimony that property belongs to them. One example of hearsay might be if I say that my neighbor told me that the property you have belonged to my neighbor.

This may very well be seen as a civil matter, but that will depend on the details. If the person has tried to get the property back but was denied or rebuffed, or the property had been concealed from them, then it can transcend the civil arena and enter the criminal.


- Carl
 

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