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Stolen Property, Damaged Property Questions

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whosittt

Junior Member
What is the name of your state (only U.S. law)? New York (not City of)

I have an interesting predicament. I have an abusive ex who damaged property and technically stole some items from me.

1) Computer: he asked if he could "borrow" it over 1 year ago, has not returned it, and has ignored demands for its return (sent certified mail)
2) Bedroom Set: he removed it when he moved out without my knowledge (I wasn't home when he moved out). He has ignored demands for its return. I do have proof of purchase.
3) Car Damage: he showed up at a restaurant and attacked my car in the parking lot while I was eating. He was witnessed kicking in the door and someone called the police. They arrived, took witness statements and went off to arrest him. I stupidly decided not to press charges that night. I've been told I have 7 years to press charges.
4) Horses: I paid for several horses (I have proof of sale for them). He took them off to his brother's farm. He has never paid me for them. I've heard rumors that he drew up a fake "bill of sale" from me to him and he's claiming that he owns them because of this.

I guess what I'm trying to determine is what actions I should take and in what order. I know I can sue him in small claims court for the items he removed from my apartment. But is there a criminal case? And should I sue him for the damage to my car or press criminal charges? Or both? And in what order? I would really like to see him brought to justice for the lasting damage he's made, I just want to get pointed in the right direction.

Any help would be appreciated!
 


Banned_Princess

Senior Member
What is the name of your state (only U.S. law)? New York (not City of)

I have an interesting predicament. I have an abusive ex who damaged property and technically stole some items from me.
1) Computer: he asked if he could "borrow" it over 1 year ago, has not returned it, and has ignored demands for its return (sent certified mail)
depreciated value, and none of its contents and programs count tward the value. (A 5 year old computer is worth almost nothing)


2) Bedroom Set: he removed it when he moved out without my knowledge (I wasn't home when he moved out). He has ignored demands for its return. I do have proof of purchase.
thats good.



3) Car Damage: he showed up at a restaurant and attacked my car in the parking lot while I was eating. He was witnessed kicking in the door and someone called the police. They arrived, took witness statements and went off to arrest him. I stupidly decided not to press charges that night. I've been told I have 7 years to press charges.
he has to be convicted to pin this on him.

4) Horses: I paid for several horses (I have proof of sale for them). He took them off to his brother's farm. He has never paid me for them. I've heard rumors that he drew up a fake "bill of sale" from me to him and he's claiming that he owns them because of this.
ok. thats good too.


I guess what I'm trying to determine is what actions I should take and in what order. I know I can sue him in small claims court for the items he removed from my apartment.
can you prove it was him, and not just a run of the mill robbery?

But is there a criminal case? And should I sue him for the damage to my car or press criminal charges?
criminal complaint , then sue him.


Or both? And in what order?
I just told you.

I would really like to see him brought to justice for the lasting damage he's made, I just want to get pointed in the right direction.
gather your proof, and the value of the property you are out, sue him after you get a conviction of the damage to your car. your civil suit will hold more water.
 

Zigner

Senior Member, Non-Attorney
he has to be convicted to pin this on him.
I disagree. The burden/standard of proof in small claims can easily be met based on witness statements (assuming they actually come in to testify). No need for a criminal case, much less a conviction.
 

Banned_Princess

Senior Member
I disagree. The burden/standard of proof in small claims can easily be met based on witness statements (assuming they actually come in to testify). No need for a criminal case, much less a conviction.
well, that is super good news for OP.

Thanks for the correction!
 

whosittt

Junior Member
I appreciate the replies! This is helpful. So it sounds like I should abandon the criminal charges and simply sue in small claims.

I can get a witness to testify that he was the one who took the bed, and that he still has it in his possession. I can also get a witness who saw him damage my car - one of the people who the police interviewed. Less certain about the computer and the horses.

Should I file three separate suits? Car, Bed, Horses? Or can I do them all with one? The damage is estimated at:

Car - $2,100 (I have a body shop estimate)
Horses - $2,600 (I have the bills of sale)
Bed - It was originally around $1,200 as shown on the store receipt, but is almost 2 years old now.

Thanks again...
 

BL

Senior Member
What is the name of your state (only U.S. law)? New York (not City of)

I have an interesting predicament. I have an abusive ex who damaged property and technically stole some items from me.

1) Computer: he asked if he could "borrow" it over 1 year ago, has not returned it, and has ignored demands for its return (sent certified mail)
2) Bedroom Set: he removed it when he moved out without my knowledge (I wasn't home when he moved out). He has ignored demands for its return. I do have proof of purchase.
3) Car Damage: he showed up at a restaurant and attacked my car in the parking lot while I was eating. He was witnessed kicking in the door and someone called the police. They arrived, took witness statements and went off to arrest him. I stupidly decided not to press charges that night. I've been told I have 7 years to press charges.
4) Horses: I paid for several horses (I have proof of sale for them). He took them off to his brother's farm. He has never paid me for them. I've heard rumors that he drew up a fake "bill of sale" from me to him and he's claiming that he owns them because of this.

I guess what I'm trying to determine is what actions I should take and in what order. I know I can sue him in small claims court for the items he removed from my apartment. But is there a criminal case? And should I sue him for the damage to my car or press criminal charges? Or both? And in what order? I would really like to see him brought to justice for the lasting damage he's made, I just want to get pointed in the right direction.

Any help would be appreciated!
http://www.courts.state.ny.us/ithaca/city/webpageguidetosmallclaims.html[/U]]A Guide to Small Claims Court
 

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