Quick question

[Seminole92]

What is the name of your state (only U.S. law)? Pennsylvania I had a question for the experts here on the forum..I hope I'm in the right area here for this question..My girlfriend and I broke up recently and I had moved out of the place we had shared together. She had gone ahead and packed up a bunch of my things that I was to put in storage under lock and key. I recently had found a place and went back to the storage shed to unload onto a u-haul. Upon returning home and unpacking, I noticed a very expensive painting I owned didn't make the trip if u know what I mean. All the others were there when I unpacked. My ex is an art major in school and knows the paintings worth. She will not return my calls and I want my painting back. Upon packing my things I know she didn't include the painting and that it would be months before I discovered her theft. Do I have a case in small claims court? If she sold my painting, can I be reimbursed? I have a receipt from when I bought and I know the piece has appreciated. Ty in advance, ScottWhat is the name of your state (only U.S. law)?

 

[racer72]

You can sue for the value of the painting in small claims court. If you want to sue for return of the painting, you will require a higher court. I would suggest talking to a local attorney, it is possible a letter from one with a few strong threats will result in the return of your painting.

 

[Happy Trails]

Hopefully the painting is not worth more than $8,000 (limit in Pennsylvania for small claims court) or if you are in Philadelphia it would be $10,000. If it is you would have to take it to a higher court or decide to take a loss if you want to handle it in SCC.

 

[Seminole92]

Painting is probably worth about $1500. In all honesty, what are my chances of winning this case? If she says "Well I don't have it and I didn't take it.etc" what is the magistrate gonna say? I mean, I know she took it. All the other pictures and paintings were accounted for except the one she knew would fetch a good price. I wouldn't care normally, but the painting has a sentimental value to me and the artist was famous here locally in my hometown. Ty, Scott

 

[sandyclaus]

Painting is probably worth about $1500. In all honesty, what are my chances of winning this case? If she says "Well I don't have it and I didn't take it.etc" what is the magistrate gonna say? I mean, I know she took it. All the other pictures and paintings were accounted for except the one she knew would fetch a good price. I wouldn't care normally, but the painting has a sentimental value to me and the artist was famous here locally in my hometown. Ty, Scott

First things first. Allow me to play the devil's advocate here.

How can you possibly know she took it and has it? Perhaps someone else helped her to pack your items and helped themselves to the painting. Or maybe she did pack it, and someone at the storage place took it.
Let's be honest here. You can't say for sure when, where, or how it disappeared, just that you now don't have it. I'm not saying she didn't take it, just that when it comes down to it, you must PROVE she is the one who stole it. Can you even be sure that she still has it in her possession? If she sold it, then good luck tracking it down (unless you have friends in the business who can help). And if it's out of her hands, a magistrate can't prove she ever had it, unless she fesses up (not likely, given the scenario).

I might suggest getting to the proof part before proceeding further. Is there a friend or someone who can clandestinely approach her? Get into her house (legally invited, of course)? Is there a friend or family member who might be storing it for her? Someplace you know she might be keeping it if she has it?

Prove she has it, then call the police to report it as stolen. Let her explain to them how it is she came to have it.