Can someone explain this to me?

I live in Missouri and several months ago I bought a lawn tractor, riding lawn mower. I loaned it to my girlfriend's son, Richie, to use in his startup lawn care business. When I asked for it back, he would put me off with some reason why he couldn't return it just then, but would do it at some time in the future. I went to the police and explained that he wouldn't return my property. I was told that it was a civil matter. So, I got a lawyer, went to court and got a judgment to return my tractor. By the time I went through all of that, he sold my tractor.

The value lawn tractor is/was $2,500.00. I went to the police and the chief spoke to the DA. I heard back from the DA. The DA doesn't want to pursue what I consider to be theft, because it would be hard to prove intent. The DA said that to pursue a criminal case, I would need a contract stating that Richie couldn't sell my property.

What intent does the DA need to prove? I'd think that when he put a for sale sign on the thing, he was intending to deprive me of my property. When he sold the thing and didn't give me a cent, wasn't his intent to steal from me? I just don't get it. This just doesn't seem right! I loose $2,500.00 and he skates off scott free. Can someone, please, explain this to me.

What intent does the DA need to prove? I'd think that when he put a for sale sign on the thing, he was intending to deprive me of my property.

Click to expand...

What you consider intent and what the law considers intent are two things. Yes, when he put the sign on the tractor to sell it he was 'intending' to make money with property that did not belong to you. However, when you 'gave' him the tractor was he intending to defraud you? When he kept it for so long was his only thought to deprive you of your property? Those are the things that you will have to prove before a criminal case can be successfully argued.

And based solely on your post, they do not exist.

And he does not get off scott free. You said you won a judgement in the courts. Take that judgement and file for a lien against anything he owns or may own in the future. And if the judgement was only for the return of the tractor, return to court and file a conversion suit against him for the return of the monies he received plus court costs.

Your attorney will better explain it.

You will need to prove as much as you can, starting with the purchase of the tractor, your receipt and any agreements written, witnesses.
Did you use it at all or was it bought to loan to him?
Get copies of the police report or incident report when you first tried to enforce the loan and was told it was civil.
The judgement should be proof that you did not give him the tractor as a gift and that it was not his to sell.
It may be a matter of timeing or getting the whole thing together, I don't know what you have but you may have something missing or conflicting statements. Without a contract both of you can be held accountable by your actions and it would appear a court agreed that it was your tractor and ordered him to return it, you may simply have to enforce the court's order you may be able to put a lien against his property unless he pays or possibly take him back to court for contempt since he sold it rather than return it.