Daughter manipulated to steal from me

What is the name of your state? Wisconsin
I was having financial difficulties in August 07 when my daughter offered to store my property in her and a friends rented storage units (2 seperate units). I soon found out that they were helping themselves to whatever they wanted and then removed their own property and purposely lapsed on the rent so the owner locked it. When different people reported back to me what was going on, I spoke with the owner of the storage units. Daughter and her friend refused to put in writing that it was in fact my property in the units because this would have given the owner the legal means to return my property to me. I mentioned to the owner I would go to small claims court and she advised me to include her as a defendant.
We had a preliminary hearing yesterday and Judge rescheduled for trial, advising all parties to settle this before trial. The storage owner requested dismissal against her, as she misunderstood and I did not specify that I wasn't wanting anything from her except my own property, I listed a mere $3000.00 sought if I was unable to retrieve my property. The Judge stated that the outcome of this action is in the hands of the storage owner as she has written contracts with the defendants and the law provides her the means to sell the property to regain her lost rents. The Judge did however order her to not get rid of anything until the case was heard at trial and said "the meter will continue to run."
I feel horrible that I've had to resort to legal action against my daughter to attempt to get our things back but they left me with no choice. She says I am dead to my granddaughers if I pursue this. I did consult with an attorney who advised me that this is not small claims but actually a criminal matter.
Should I file a complaint with the DA's office? I don't want to see my daughter arrested but I do want our property back. I can prove all the untruths that they are claiming in their counterclaim seeking storage fees. I'm so upset and confused about what I should do.
Also, when the Judge ordered us to attempt working this out without a trial (because of it being family), it's been my thought to write letters to the defendants. If I decide to do this, do I file copies of the letters with the clerk of courts and have them added to the file? I don't want to appear manipulating in doing this but I think it is important that the court know my position on this. Any advise would be greatly appreciated.
One more thing, the counterclaim asks for storage fees for October & ongoing but I've had my own storage unit rented since September although I have been unable to retrieve my belongings. Am I wrong? Should I pay their unit fees? Daughter repeatedly says "Mothers don't sue their kids." Should kids steal from their mother?

You vs. daughter – I think that you win that one. Daughter apparently converted your property for her own benefit and without your knowledge or authorization. Why she did it and what she did with the goods is not clear from your post. You’ll have to be able to prove the value that you’re claiming. Receipts, appraisals, photographs and the like would help you greatly. Otherwise, you’re leaving it to the court to make its “best guess”.

SC courts don’t normally order the return of property (assuming that, in your case, it’s somewhere to be found). They award money judgments for the value of property damaged or lost through the fault of another. If the property has sentimental value to you, that could be a problem. However, if the property could still be found and recovered, the court could enter a “conditional judgment”. That does happen in SC. The way it could work is that the court could find in your favor in the sum of $3,000 but continue the case for four weeks for entry of judgment. If daughter gets the goods back to you within four weeks, you dismiss the case. If she doesn’t, you return, tell the court and the court enters a money judgment against daughter for $3,000.

You vs. storage owner – I think that you lose that, but I question whether you even sought recovery and wonder why she wanted to be a defendant, unless she was going to file a cross-claim against daughter for rental charges. She had a contract and didn’t get paid. She has the right to dispose of the property in the unit in an auction sale to recover what is owed. It’s not her concern whether daughter stored her own things or someone else’s, as long as the storage isn’t stolen property.

I don’t think you’ll get far with the police, who will likely not want to get involved and will tell you it’s a civil matter. However, the fact is that, if daughter converted and disposed of your property, you could file a criminal complaint. I think you’re better off seeing what the civil outcome will be. You could file later, if you still chose.

I can easily see why the judge wanted to defer a ruling and have you try to work this out informally. Have you tried doing that. There are often free or low-cost community mediation organizations, as well as church-sponsored organizations, that will try to work with the parties, if you’re all willing to sit down. The court may provide a similar service. Daughter should want to cooperate. She is going to come out the worst, however this is resolved.

Don’t include the court in any correspondence. That’s improper. I’m not clear on the final paragraph and who it is that you’re asking about paying for a separate unit. Did storage owner file a counterclaim against all of you? If so, you win, daughter loses but, as explained, it’s your property that gets sold, if you voluntarily entrusted it to daughter in the first place.