Lawnmower stolen from garage

[paulandtoby]

What is the name of your state?What is the name of your state? Texas

Hi! My lawnmower was stolen right out of my garage a week ago, and I have seen it sitting in a neighbor's garage. I walked by after I came home from work today and took a closer look (they were dumb enough to leave the mower right in plain sight with the garage door open) and i know for sure that it is my mower. I filed a police report last week, and when I called the police again to let them know where my mower was, they interviewed the "neighbors" in question and they said that the mower was theirs, and even came up with some things that were not even true about the mower. The officer just took their word for it, and didn't even have them start the mower in front of him, as they told him that they had to unplug the spark plug wire to stop the engine. needless to say, I am not happy with the officer's investigative work, and want to know if I can do anything legally. Unfortunately, I don't have the paperwork or the serial number, but neither do they (although they probably have taken it down by now) but I do have the grass catcher that only fits that model. I know that it is mine because there were things missing on the mower and the same things were missing in the exact same place on the mower in the neighbor's garage.

Any advice on what recourse is available would be great! (I will take it to small claims court if I have to just to prove a point)
Thanks.

 

[I AM ALWAYS LIABLE]

(I will take it to small claims court if I have to just to prove a point)

My response:

What point? Are you going to prove the "point" that not only can't you prove it to a flatfoot, but also that you can't prove it to a judge?

IAAL

 

[paulandtoby]

huh???

I'm sorry. I guess I don't understand your reply, or maybe I didn't make myself clear. I was within 5 (FIVE) feet of my lawnmower and I know that it is mine.
I am almost positive that the boys that live there took it, and if no one does anything about it, they will continue stealing or vandalizing, or whatever. True, I don't have any evidence other than it was in my garage one week and in theirs 2 blocks away the next.

 

[Dandy Don]

When did you buy it? Would you consider taking them to small claims court and letting the burden of proof be on them?

 

[HomeGuru]

When did you buy it? Would you consider taking them to small claims court and letting the burden of proof be on them?

**A: Dandy Dunce is back asking non-relevant and lame questions again.

 

[djohnson]

I think the key here is how can you PROVE it is yours? Do you have the receipt? Do you have anything that can prove it. If not it's your word against them.

 

[JETX]

Any advice on what recourse is available would be great! (I will take it to small claims court if I have to just to prove a point)

Obviously, you can't PROVE that the mower is yours, at least not sufficient enough for the officer to 'recover' the property and file a theft charge.
And since you can't prove to the officer, you probably wouldn't be able to 'prove' to a court either.

I have an idea... next time you are that close to 'your' mower AND if you are absolutely POSITIVE that this is YOUR mower, why not just take your runaway mower back home where it belongs. Then, paint your name or DL on it so that you can recover it if it runs away again.

 

[paulandtoby]

I do not have the receipt, but I called Sears and they were able to tell me the exact date and location where I bought the mower. They also gave me the model # (which is on the mower), but they don't keep serial numbers on record. The kicker is, I don't have the paperwork anymore, but neither do the "thieves". However, I can prove that I actually bought that particular model of mower, and on what date. I'm not so sure that they can do the same, that's why I think I may be able to get it back through small claims.

 

[JETX]

I'm not so sure that they can do the same, that's why I think I may be able to get it back through small claims.

Clearly, you seem unable to comprehend what you are being told...... so, go ahead and file your suit. Hopefully, the judge will be able to get through to you.