the cost of small claims is generally quite minimal. Given the timing, I think you might convince a judge there is no other reasonable argument of what happened to your property. The worst that would happen is you lose the filing fees.
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ExpertLaw Forum - Help With Your Legal Questions
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the cost of small claims is generally quite minimal. Given the timing, I think you might convince a judge there is no other reasonable argument of what happened to your property. The worst that would happen is you lose the filing fees.
I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.
UPDATE:
I am now living with a coworker. I have been in contact with the homeowner (wife) to arrange reimbursement of my security deposit when she informed me that the police had reported they found my iPad. After speaking with the police I was told that there was another report filed under mine from the husband several days later.
The report states that a teenage friend of the husband went into my room and took my iPad. The husband informed me of what happened and we both agreed that it would be best to take care of the situation on our own so as not to tarnish the record of a juvenile. End of report.
This conversation between the husband and I never took place and this is the first I have heard of a teenage kid stealing my belonging.
As soon as I get the deposit back from the wife I plan on taking them to small claims court for the price of the iPad.
My question is concerning criminal charges. In my police report it states that the theft is a felony. There are now two statements from the husband to the police that contradict each other. Originally he told the police that there was a break-in during a ten minute window of time while he was ‘cashing a check’ and his wife was sitting in the living room. Now he is saying that his friend actually took the item during that time period but the wifes statement said that the only people there were here and her husband.
What do I do to try and have criminal charges pressed against him? Can I take the couple to small claims court and still peruse criminal charges?
Did you tell the investigating officer that the conversation was a fiction and that you were still interested in recovering your property and proceeding with a criminal prosecution? The husband has told the police he knows who took your iPad - they can ask him for a name.
Yes, although for a number of reasons a prosecutor may want you to defer filing a lawsuit while charges are pending, and your having a suit pending may influence how a prosecutor treats the case if it's submitted for review.Quoting LostInTheSauce
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