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Stolen property found,..how do I get it back?

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Cali-smallclaim

Junior Member
What is the name of your state (only U.S. law)?

I live in California.

I moved in with a good friend of mine who without letting me know moved out with some items of mine.
I contacted the police who informed me that it wasn't a theft since I was living with my girlfriend at the time. My name was on the lease at the time she took my things. The police officer said I would need to pursue my items through small claims court.

I called the manufacturer of my electronic items and I have proof that I am the owner by being registered as the product owner and I also have the serial numbers. I have proof of ownership.

She took other items such as furniture which doesn't have serial number or registered with anything. I assume I can't prove that I am the owner of those items.

I am researching the procedure involved in going through the process of small claims court.

The person who took my things,..I know where she works, goes to school and the town she lives in as well as who she is living with.

My question is: When the police officer delivers the "service of process" ..what is to stop her from hiding the items from her new apartment and claiming she doesn't have it. How do I prove she has ownership?

I am afraid I am wasting my time and discouraged.
 


HomeGuru

Senior Member
What is the name of your state (only U.S. law)?

I live in California.

I moved in with a good friend of mine who without letting me know moved out with some items of mine.
I contacted the police who informed me that it wasn't a theft since I was living with my girlfriend at the time. My name was on the lease at the time she took my things. The police officer said I would need to pursue my items through small claims court.

I called the manufacturer of my electronic items and I have proof that I am the owner by being registered as the product owner and I also have the serial numbers. I have proof of ownership.

She took other items such as furniture which doesn't have serial number or registered with anything. I assume I can't prove that I am the owner of those items.

I am researching the procedure involved in going through the process of small claims court.

The person who took my things,..I know where she works, goes to school and the town she lives in as well as who she is living with.

My question is: When the police officer delivers the "service of process" ..what is to stop her from hiding the items from her new apartment and claiming she doesn't have it. How do I prove she has ownership?

I am afraid I am wasting my time and discouraged.
**A: what is the depreciated (garage sale) value of those items?
 

Cali-smallclaim

Junior Member
Items taken: washer dryer, internet router, various household items such as coffee maker and furniture.

The big ticket items are:
1. 42inch LED tv market cost 800.00 est garage sale value? I don't know
2. Dual-core laptop est garage sale value? 200.00
3. Wii gaming system est garage sale value 100.00

So I assume I'd be asking for 1100.00 back, this is not counting the various household items.

Kings courthouse website is :
Kings County - Superior Court of California

I read through the process and went to the Judgement section: Here I learned that even if I win...I still can't get my things back...I can only legally beg her for my things back and the courts have no power to return my property or money etc.

This is a direct quote from the website:

" Give the debtor an address where he or she can mail the money you are owed. You can offer to accept less than the whole judgment if the debtor pays right away. But if you agree to accept less than the whole judgment, you will give up your right to the rest of the money.
If the debtor does not pay you by the date the court ordered, write him or her a letter and include a copy of the court order. Remind the debtor that he or she owes you money and that you may have to follow more serious steps if he or she doef not pay you voluntarily.
Talk to a lawyer. If the debtor will not pay, it can be complicated, expensive, and take a lot of time to collect your money. "

"The court will not collect the money for you. But the court will issue the orders and other documents you may need to collect your judgment from the debtor (the party that owes you money). Keep in mind that not all judgments are collectable because the debtor may not have any income or property of value"

I spoke with a police officer and he agreed that I have perfect evidence to prove the items are mine but even still he said its more than likely I'll never see those things again. He basically told me not to bother.
 

Cali-smallclaim

Junior Member
I know the procedure to file a lawsuit, service a process, I have proof of my ownership of the electronics.

I know where she banks, works, lives, her entire family.

But I'm 95% sure I can't "win"
 

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