Sunday, August 22, 2010

How to get stolen property back...legal advice?

I had a Great Dane stolen from me by an ex girlfriend a year ago and I just finally finished the process of getting the papers reissued in my name. NOW.... how do I go about getting the dog back from her? I know animals are considered property by law, so it would basically be the same as someone having a vehicle that you own. So do I just go to the police station and show them the papers and have them recover the dog for me? Or is there a better procedure? PLEASE, only knowledgable, well informed, and professional answers only.How to get stolen property back...legal advice?
File a police report. Take the papers. It may still end up in civil court; but the police and a report are the correct starting place.





good luckHow to get stolen property back...legal advice?
You have a number of issues to manage.


1) Why, regardless of not having the ';papers'; did you not pursue getting your property returned for over one year. The answer is probably that the ownership of the property was in dispute and the police were not able to intercede and return your property as you were unable to clearly establish that fact.





2) Therefore, even with the new evidence, you will need to petition a smalls claims court to find that she has converted your personal property for her use. Your claim will be that you paid for the property, never gave the property away, and you want the property returned or you want compensation.





3) A hurdle to be overcome is the fact that a conversion claim normally requires that you had made a clear demand for the property to be returned in writing. The more times the better.





4) Conversion is a tort. You could plea for punitive damages to punish the wrongdoer here.





5) Build a time line with you and your opponents name in the left hand margin. Put a box under each important date and explain why the event was important and supported the claim of conversion. Note evidence in the Box and attach copies for review.





6) File in court and have her served properly. Then...tell it to the judge.





Not a lawyer nor giving legal advise here. You rely on this information at your own peril.
That business about ';getting the papers reissued in my name,'; tells me there is more to this than you have revealed. In whose name were they when your ex ';stole'; the dog? How did she actually come into possession of the animal? If you want ';knowledgable, well informed, and professional answers,'; you should see an attorney and tell him/her all the facts regarding your claim.
I am guessing maybe file a police report.

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