personal property

in long island ,new york

ive got a friend (ex friend) that is refusing to return my personal things she let me store in her garage.All my tools,personal papers,equipment,etc.20 years worth of accumulated things.I dont have my tools for work,dont have titles to ny vehicles.She will not take calls from me basically said i can forget about my things.i dont think small claims is an option the value of my stuff is too high.can i have her arrested for larceny?ive read about replevin.Dont have much money for a lawyer so any help is appreciated

alarmer said:

in long island ,new york

ive got a friend (ex friend) that is refusing to return my personal things she let me store in her garage.All my tools,personal papers,equipment,etc.20 years worth of accumulated things.I dont have my tools for work,dont have titles to ny vehicles.She will not take calls from me basically said i can forget about my things.i dont think small claims is an option the value of my stuff is too high.can i have her arrested for larceny?ive read about replevin.Dont have much money for a lawyer so any help is appreciated

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If you feel she has stolen something from you, then file a police report.

Otherwise, if, as you say, small claims is not an option, you will have to file a lawsuit in regular civil court, get a judgment against her, and the replevin (i.e. get) the stuff.

alarmer said:

can i have her arrested for larceny?

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Contrary to the erroneous post of others, the correct answer is no. Theft or larceny did NOT occur since you agreed to have your property stored there.

You might contact the police to see if they will agree to presence while you recover your property. Some agency's will help... some will simply respond that it is a civil issue.

If the police won't assist in recovery, then you will have to pursue your claim in court. I also suggest you contact a local attorney who can write the person on your behalf. A letter from an attorney will often get property returned when someone is reluctant to do so.

alarmer said:

in long island ,new york

ive got a friend (ex friend) that is refusing to return my personal things she let me store in her garage.All my tools,personal papers,equipment,etc.20 years worth of accumulated things.I dont have my tools for work,dont have titles to ny vehicles.She will not take calls from me basically said i can forget about my things.i dont think small claims is an option the value of my stuff is too high.can i have her arrested for larceny?ive read about replevin.Dont have much money for a lawyer so any help is appreciated

Click to expand...

Here's the info on the crime of larceny in your state:

...
S 155.05 Larceny; defined.
1. A person steals property and commits larceny when, with intent to
deprive another of property or to appropriate the same to himself or to
a third person, he wrongfully takes, obtains or withholds such property
from an owner thereof.
...


Read the whole thing:

http://caselaw.lp.findlaw.com/nycodes/c82/a34.html

How long has the stuff been with your friend? what arrangements were made regarding your storage of your stuff? why do you believe she doesn't want to return your stuff to you?

stephenk said:

How long has the stuff been with your friend? what arrangements were made regarding your storage of your stuff? why do you believe she doesn't want to return your stuff to you?

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Poster, answer the questions so we can figure out if there has been any criminal wrongdoing or if it's strictly a civil case.

my things have been there for about 4 months i started trying to get my things back about a month and a half ago.
the arrangment was simple.she had room in her garage and i was moving out from where i am currently living.when she found out i wasnt moving out after all she kind of started acting weird . weve been friends about 7 years.
no contract no rental agreement just a friend helping a friend.but i dont see how im gonna be able to get my property back now she wont answer my calls.last thing she said i wasnt getting anything back-i could just forget about it.
thank you.

alarmer said:

my things have been there for about 4 months i started trying to get my things back about a month and a half ago.
the arrangment was simple.she had room in her garage and i was moving out from where i am currently living.when she found out i wasnt moving out after all she kind of started acting weird . weve been friends about 7 years.
no contract no rental agreement just a friend helping a friend.but i dont see how im gonna be able to get my property back now she wont answer my calls.last thing she said i wasnt getting anything back-i could just forget about it.
thank you.

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Okay, go tell your story to the cops. If they tell you that it is a civil matter and it is not a crime, ask the cops if they will go with you to get your stuff. If they won't do that, then your only other alternative is to sue her in court.

seniorjudge said:

Okay, go tell your story to the cops. If they tell you that it is a civil matter and it is not a crime, ask the cops if they will go with you to get your stuff. If they won't do that, then your only other alternative is to sue her in court.

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Good advice..... and sounds somewhat familiar!!
https://forum.freeadvice.com/showpost.php?p=1292122&postcount=3