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PA small business...unknowing buying stolen goods...what is proper procedure?

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What is the name of your state? PA

My husband runs a small music store, which buys & sells used music equipment. He makes anyone selling stuff provide a driver's license, fill out and sign a form, etc.

Once in a while, dispite the form, he will find out that he's unknowingly purchased a stolen item, and will immediately notify police, etc.

There seems to be confusion, though, with police, on proper procedure on the item & my husband's money. A PA State policeman told my husband that if the (rightful) owner wants the item back, he/she has to reimburse the money paid to my husband....then press charges against the guilty party. In this case, my husband gets his money right away, and the case is between the rightful owner & theif.

But our local city police dept said this isn't correct, and they take the item into custody....usually my husband never recieves any reimbursement for the money he paid. (The majority of the time, the people involved know each other and never end up pressing charges, etc). But the local police claim that if he refuses to give them the item, he could be charged with recieving stolen goods.

Fortunately, this doesn't happen often, but we are not rich by any means, and cannot afford to lose this money. Can somebody please clear this up.....what is the correct procedure?
 


H

hexeliebe

Guest
The first thing you do is stop asking the police about the law. That's like asking a nurse how to perform open heart surgery. Yes, nurses (and cops) know how to perform tasks based on rules, but the law takes years of study and cannot be learned by reading alone.

You direct your questions to your city attorney's office. He is the chief attorney for the state in your area.
 

racer72

Senior Member
The police are correct, your husband must turn over the stolen stuff. It is then your husband's right to go after the person that sold him the stolen instruments for reimbursement. I had a generator stolen and sold to a pawn shop. The pawn shop owner was required to give me back my generator or face charges of receiving stolen property. Even the lawyer that the pawn shop owner brought in agreed with the officer. The onus is on your husband to NOT buy stolen stuff then he will have no trouble with the law. Sounds simple to me.
 

JETX

Senior Member
Racer is correct. The obligation is on the purchaser to recover against the seller.

Simply, the law does not recognize a legal sale if the property being sold is not 'owned' by the seller. The rightful legal owner of the stolen property (or the police on his behalf) can recover the property without payment to your husband.

Your husbands only recourse would then be against the person who sold it to him as a fraudulent sale.
 

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