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Contract to get stolen property back

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thunked

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

Hello, I had a string of breakins in my neighbordhood. I spent about a month asking around and collecting information. I didn't see anyone doing the theft in the act, but I felt I had a good idea exactly who it was.

One day I ended up behind the car with the license plate and kid I suspsected. When he stopped I went up and talked to him.

I asked him if he knew anything about the stolen property up the hill. He was blank. I then told him I'd be willing to pay for the property to be returned. I gave him my number, 20 minutes later he calls and says his friend knows who did it and he himself has seen the property before.

So I give him money to go get it - and I have him sign a contract "I, his name, borrowed $X from me on 10/17/2008. signed him.

I then got his military ID and bank card.

He's now claiming that the people stole the money from him. So I reported to the police and they are investigating.

My question is: Lets say he doesnt give the cops the names of hte people that took the money and also did the original breakins. Can I take him to small claims for the $ I loaned him?

I didn't put in repayment terms, but obviously any loan needs to be repayed right? Also, I've never met the kid before but I have his ID. Is the fact that I gave someone I don't know (whos plate I filed in my police report) and have his ID and bank card enough to establish the events that I've described to you to recover my money in small claims?

Thanks
 


tranquility

Senior Member
You didn't loan him any money even though you wrote it up that way. He was acting as your agent and I don't think you would win in a suit unless you claim he acted with intent to permanently deprive you of the money.
 

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