Roommate Stole Purse

What is the name of your state?What is the name of your state? PA (allegheny county)

My roommate bought me a Coach purse as a gift for my birthday about 2 months ago. We had a falling out. She stole the purse from my bedroom while I was in the shower. She left me a message that she took it back because I didn't deserve it.

If I decide to press charges, will it be valid? She claims the purse is worth $150. As far as I know it's misdemeanor and she can be arrested. True? Any other thoughts?

Thanks.

Yeah, you COULD press charges ... or you could sue her in small claims for the purse ... or, you could just let it go. My guess is that if you call the police, she's going to claim it was her purse and she was just letting you borrow it. Proving it was yours might be tough.

I suppose it depends on how badly you want to pursue the matter.

Carl

purse

My boyfriend is an officer for the city in which we live. I think he would be adequate proof, no?

sltnpurse said:

What is the name of your state?What is the name of your state? PA (allegheny county)

My roommate bought me a Coach purse as a gift for my birthday about 2 months ago. We had a falling out. She stole the purse from my bedroom while I was in the shower. She left me a message that she took it back because I didn't deserve it.

If I decide to press charges, will it be valid? She claims the purse is worth $150. As far as I know it's misdemeanor and she can be arrested. True? Any other thoughts?

Thanks.

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My response:

Did you receive a Birthday Card, or anything in writing, when you received the purse as a gift? If so, state the entire written contents of that B-Day card or note here.

Do you still have the note that she left you when she took the purse? If so, state the entire written contents of that note here.

IAAL

purse

there was no birthday card.

the note was a text message. i don't have it still but i could get the record, if needed. it was something to the effect of, a bad friend doesn't buy someone a $150 purse, i hope you know i took it back because you weren't a good friend to me.

so she did state in the message that she bought it for me. she also sent a similar text message to one of our other friends.

sltnpurse said:

there was no birthday card.

the note was a text message. i don't have it still but i could get the record, if needed. it was something to the effect of, a bad friend doesn't buy someone a $150 purse, i hope you know i took it back because you weren't a good friend to me.

so she did state in the message that she bought it for me. she also sent a similar text message to one of our other friends.

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My response:

Get the actual text message. Then quote the EXACT verbiage in the message, here. Until that occurs, I can't advise you.

IAAL

The point here is that it will likely have to be hashed out in small claims court. I doubt that there is sufficient proof of ownership to substantiate a theft case. However, the charge MIGHT convince her to return the purse. But, if she produces a receipt, and insists that it was not a gift but a loan, then you may still have a hard time proving it was a gift.

Additionally, since you were both roommates, she could also make the argument that you gave it back to her ... and unless your boyfriend was in the shower with you, then it comes back to your word against hers.

You can call the police and see what they do with it, but don't be surprised if you never hear anything back.

How did she get in to the apartment? If she had keys, or still lived there, this will really cause the prosecutor to look toward civil court. If she had to kick in the door, then we have a completely different situation.

Edit: AH! I forgot about the note. Well, depending on what was said in the note, and how it can be proven that the note was written and left by her, you might have a better case for theft. A type written note off a computer would be worthless if she denies writing it. A handwritten or signed note might be useful if she admits to the theft.



Carl

purse

the "note" was actually a text message sent to my cell phone from her cell phone. i don't have the exact verbiage since i erased it, but in it she did state "the $150 purse she bought for me". i'm sure i could get the records.

my boyfriend wasn't with me at the time but he's seen me carry it around everyday for about the past 2 months.

she even sent a text message to a friend about her taking it from me. the friend knows it was a birthday gift since she told her she bought it for me.

she still lived in the apartment at the time she took it.

sltnpurse said:

the "note" was actually a text message sent to my cell phone from her cell phone. i don't have the exact verbiage since i erased it, but in it she did state "the $150 purse she bought for me". i'm sure i could get the records.

my boyfriend wasn't with me at the time but he's seen me carry it around everyday for about the past 2 months.

she even sent a text message to a friend about her taking it from me. the friend knows it was a birthday gift since she told her she bought it for me.

she still lived in the apartment at the time she took it.

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My response:

Then, unless you can find some tangible proof that the purse was a gift, and that she took it back, you have nothing.

IAAL

To take this case to court, the prosecutor will have to believe he can prove his cae 'beyond a reasonable doubt'. I see far too much reasonable doubt here.

My recommendation would be to see about taking her to small claims court. In that venue you need only show that the purse was yours by a preponderance of the evidence. However, keep in mind that any lost wages you have for attending court are probably not going to be awarded to you in any award. So if a day off work (and figure on at least two to be safe) would cost you more than the value of the purse, then it may not be worth pursuing. But! Again, this is something that might force her to cough up the purse beforehand.



Carl

CdwJava said:

To take this case to court, the prosecutor will have to believe he can prove his cae 'beyond a reasonable doubt'. I see far too much reasonable doubt here.

My recommendation would be to see about taking her to small claims court. In that venue you need only show that the purse was yours by a preponderance of the evidence. However, keep in mind that any lost wages you have for attending court are probably not going to be awarded to you in any award. So if a day off work (and figure on at least two to be safe) would cost you more than the value of the purse, then it may not be worth pursuing. But! Again, this is something that might force her to cough up the purse beforehand.

Carl

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My response:

Carl, there's no "preponderance" of any "evidence" of our writer's allegations. There's not even a "scintilla" of any evidence; i.e., There is no evidence whatsoever.

It would be a complete waste of time for our writer, and for the court. The case would be over in about 30 seconds.

COURT: "Ms. Plaintiff, please show me your proof that the purse was a gift."

PLAINTIFF: "I don't have any proof, your Honor."

COURT: "Your case is dismissed with prejudice."

Notice that the Defendant didn't have to say a word.

IAAL

purse

i dont even really care to have it back. it's just the principal based on the events that led us to this point.

thanks.

purse

well actually, if i got the text message records i would have proof. she wrote it herself.

sltnpurse said:

well actually, if i got the text message records i would have proof. she wrote it herself.

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My response:

Okay! Then get the text message. I've been saying that all along!

IAAL

IAAL,

I would imagine that if she was able to provide witnesses that have known the two of them and would assert that the purse was the OPs that might be sufficient evidence. Having been a witness in Small Claims court before, I do know that such statements can be used. Whether it would be sufficient to sway the court - who knows? And I would almost think that the threat would force the other girl to cough it up.

But, to me, a $150 purse just is NOT worth the effort and the heartache. I would be willing to PAY that much to keep that person away from me if there was that much animosity.

Carl