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Civil

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Jennjenn8878

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

What evidence do I submit to prove someone stole my property and sold it if there's no paper trail of them selling it? I have my original receipts and text messages from that person admitting to selling my property but that's all. And what if the criminal is in another state right now? Also, the state is in the process of formely filing theft, forgery charges and identity theft charges
against this person, should I wait until after that case to start my civil case? I've already sent the person the summons and they have signed for it.
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Arizona

What evidence do I submit to prove someone stole my property and sold it if there's no paper trail of them selling it? I have my original receipts and text messages from that person admitting to selling my property but that's all. And what if the criminal is in another state right now? Also, the state is in the process of formely filing theft, forgery charges and identity theft charges
against this person, should I wait until after that case to start my civil case? I've already sent the person the summons and they have signed for it.
It would have been MUCH easier to have waited for the criminal case to be finalized. In fact, you can ask for restitution to be ordered as part of whatever sentence the person receives.

As for what evidence you need to submit...you would need to submit evidence that proves your case.
 

quincy

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

What evidence do I submit to prove someone stole my property and sold it if there's no paper trail of them selling it? I have my original receipts and text messages from that person admitting to selling my property but that's all. And what if the criminal is in another state right now? Also, the state is in the process of formely filing theft, forgery charges and identity theft charges
against this person, should I wait until after that case to start my civil case? I've already sent the person the summons and they have signed for it.
In what state did you file suit against the alleged thief? In what state is he being criminally charged? And is the suit you filed a small claims action?
 

Zigner

Senior Member, Non-Attorney
... the state is in the process of formely filing theft, forgery charges and identity theft charges
against this person ...
What do you mean by "... in the process of ..." Do you mean that they're investigating the matter?
 

Jennjenn8878

Junior Member
What do you mean by "... in the process of ..." Do you mean that they're investigating the matter?
Yes, the person is under investigation however they have not been able to contact her. Is there a way for me to stop the civil case until after the states case is over?
 

Zigner

Senior Member, Non-Attorney
Yes, the person is under investigation however they have not been able to contact her. Is there a way for me to stop the civil case until after the states case is over?
So they are nowhere near being able to say they are in the process of filing any charges.

Frankly, your case sounds weak, at best. How much is this item worth? How can you prove that you didn't give her the item?

I would look in to asking the court for a dismissal without prejudice, which will allow you to refile at a later date.

Also, please answer the questions about the location of the other party, and the place where the actions are alleged to have occurred.
 

Jennjenn8878

Junior Member
So they are nowhere near being able to say they are in the process of filing any charges.

Frankly, your case sounds weak, at best. How much is this item worth? How can you prove that you didn't give her the item?

I would look in to asking the court for a dismissal without prejudice, which will allow you to refile at a later date.

Also, please answer the questions about the location of the other party, and the place where the actions are alleged to have occurred.
It is my understanding that fraud, forgery and identity theft charges are under investigation and assigned to a detective. He said he is filing all those and since he hasn't been able to contact the other person he is contacting the attorney general regarding my recovered vehicle. Everything happened in Phoenix and the court summons was sent to a phoenix address however I believe it was forwarded to a po box in Maryland. It was signed for
 

Jennjenn8878

Junior Member
So they are nowhere near being able to say they are in the process of filing any charges.

Frankly, your case sounds weak, at best. How much is this item worth? How can you prove that you didn't give her the item?

I would look in to asking the court for a dismissal without prejudice, which will allow you to refile at a later date.

Also, please answer the questions about the location of the other party, and the place where the actions are alleged to have occurred.
The total amount of everything is roughly $8000-$10000 overall. The only proof I have she sold my property are the texteaaages from the other person and the felony investigation .
 

PayrollHRGuy

Senior Member
The total amount of everything is roughly $8000-$10000 overall. The only proof I have she sold my property are the texteaaages from the other person and the felony investigation .
A felony investigation isn't proof of anything other than there is an investigation. And text messages are easily faked.

So you have no proof at all.
 

Zigner

Senior Member, Non-Attorney
The total amount of everything is roughly $8000-$10000 overall. The only proof I have she sold my property are the texteaaages from the other person and the felony investigation .
Did you file this case in small claims court? If so, then you're capped at $3,500.00.

Furthermore, your service is likely defective.
 

Jennjenn8878

Junior Member
A felony investigation isn't proof of anything other than there is an investigation. And text messages are easily faked.

So you have no proof at all.
So then I should do as suggested and file a dismissal without prejudice and wait for the forgery and identity theft to go through? Then can I include all the items I was going to take her to civil case for, I can ask for restitution?
 

Zigner

Senior Member, Non-Attorney
So then I should do as suggested and file a dismissal without prejudice and wait for the forgery and identity theft to go through? Then can I include all the items I was going to take her to civil case for, I can ask for restitution?
You've got serious problems. You haven't told us what this case is about, except in very vague terms. You may want to seek the assistance of an attorney.
 

Zigner

Senior Member, Non-Attorney
No it's not small claims. I'm sorry, I don't under stand what service is likely defective means
It means that your method of service is not valid.

ETA: In basic terms, you can't just mail it and call it good in your case. Talk to an attorney - you're in over your head.
 

Jennjenn8878

Junior Member
You've got serious problems. You haven't told us what this case is about, except in very vague terms. You may want to seek the assistance of an attorney.
I was arrested due to a domestic disturbance btwn me and her and she got a restraining order against me. We were living together and after my night in jail I couldn't go back to the house. She ended up forging my name on my vehicle title which was registered in Cali, got a ,$3000 loan and then let them repo my car. She sold my lap top, favlet, jewelry, washer and dryer and everything else I owned.
 

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