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Can I File Theft Charges for a Friend's Selling Property I Stored in His Garage

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  • 08-07-2012, 02:02 AM
    Olympic
    Can I File Theft Charges for a Friend's Selling Property I Stored in His Garage
    My question involves personal property located in the State of: California

    My family and I moved into a friends house temporarily in July 2011 and moved out into an apartment in February 2012. This friend had offered to store my washer and dryer set (bought brand new in '09 for $1700). I made sure that this was okay on a couple of occasions and he said that it would be no problem. The past week or two, I've been trying to get a hold of him, called him and left messages, and he has not returned my calls, which is very unusual for him. So I come by his house and come to find out that he's gone ahead and sold my stuff. He said he needed money and I owed him rent (which is not true by the way). I did call the police, and filed charges. This guy had no right to my stuff and do what he did, we were friends, or thought so. I feel like I was robbed. My question is can I file theft charges? Can he actually go to jail for this?? Is there anything else that I can do??
  • 08-07-2012, 07:29 AM
    LawResearcherMissy
    Re: Can I File Theft Charges for Selling My Property Stored in His Garage
    You can try taking him to small claims court for the cost of replacing the set. Do you have receipts for the set? They would be helpful in establishing ownership and value.
  • 08-07-2012, 09:01 AM
    Olympic
    Re: Can I File Theft Charges for Selling My Property Stored in His Garage
    Yes I have receipts of the item. He doesn't have any money though, I think that's why he sold them, perhaps very desperate for money. I'd like for him to go to jail instead. What he did was deliberate, sold something that did not belong to him and pocketed the money, and left me and my family without a washer and dryer. I certainly can't afford to purchase another one, and we need these appliances.
  • 08-07-2012, 11:22 AM
    Mr. Knowitall
    Re: Can I File Theft Charges for a Friend's Selling Property I Stored in His Garage
    Quote:

    Quoting Olympic
    View Post
    I did call the police, and filed charges. This guy had no right to my stuff and do what he did, we were friends, or thought so. I feel like I was robbed. My question is can I file theft charges?

    You just told us that you already have.
    Quote:

    Quoting Olympic
    Can he actually go to jail for this?

    If somebody is convicted of a crime, they can potentially go to jail.
    Quote:

    Quoting Olympic
    Is there anything else that I can do??

    Small claims court awaits.
  • 08-07-2012, 03:43 PM
    Olympic
    Re: Can I File Theft Charges for a Friend's Selling Property I Stored in His Garage
    what do I need to have or do to win a case in small claims court??
  • 08-07-2012, 05:19 PM
    Mr. Knowitall
    Re: Can I File Theft Charges for a Friend's Selling Property I Stored in His Garage
    You need to present sufficient evidence to convince the court that your version of events is more credible than the defendant's.
  • 08-07-2012, 08:12 PM
    Trailboss
    Re: Can I File Theft Charges for a Friend's Selling Property I Stored in His Garage
    Your "friend" could just turn around and tell the judge "I have no idea who this guy is or what he is talking about"...and win! Do you have a written agreement to leave the stuff there? An agreement to pay storage fee? A picture of the stuff in his garage? Think about it...I could, for example, drag any friend into court and tell the judge "Hey...I left my '65 mustang in his garage and he sold it! Gimme some money"!!

    "Where's the proof"? the judge will say!
  • 08-07-2012, 09:21 PM
    Mr. Knowitall
    Re: Can I File Theft Charges for a Friend's Selling Property I Stored in His Garage
    Testimony is evidence.
  • 08-08-2012, 04:57 PM
    Olympic
    Re: Can I File Theft Charges for a Friend's Selling Property I Stored in His Garage
    Thanks for all your replies! When I called the police to file charges, he ran into his house like a coward and locked himself inside. The police didn't get his side of the story, it's been two days. I have our old neighbors that helped me move out, and knew about my washer and dryer being inside his garage. I also found out who he sold it to, his cousin, who called me a month ago asking if I wanted to sell them to him and how much. I know this process is gonna be difficult, but I'm ready to go to battle. Can someone tell me what possible code he violated or something I should refer to. I feel like he stolen my stuff, even though it was in his garage. No contracts or storage fee agreements between us, I have my receipts for them.

    - - - Updated - - -

    Definetely, thank you. I'
  • 08-08-2012, 05:03 PM
    Trailboss
    Re: Can I File Theft Charges for a Friend's Selling Property I Stored in His Garage
    You should be able to go down and fill out a report accusing him of stealing your stuff. You don't actually press the charges: the system will do that. If that doesn't give you satisfaction, take him to small claims court. It is very easy and should cost about $35-60 bucks, which you can recoup from the accused. Bear in mind, even if you win in small claims, you still have to collect....that can be a challenge...
  • 08-08-2012, 07:14 PM
    cdwjava
    Re: Can I File Theft Charges for a Friend's Selling Property I Stored in His Garage
    Do you have any record of the communication and his agreement to hold onto your stuff since February? Could he potentially say that he has had no contact with you or that you never asked for the item back? he might claim that you abandoned the property for several months and even say he asked you to come get it and you refused.

    Making a criminal case out of this could be difficult. Small claims might be the only place where you will get some justice.
  • 08-09-2012, 10:55 PM
    Olympic
    Re: Can I File Theft Charges for a Friend's Selling Property I Stored in His Garage
    I would like to say thanks again for taking the time to answer my questions. You all have been so helpful to me.

    - - - Updated - - -

    So frustrated right now. Went down to the police station to get an update, and asked the police officer if I can file a report accusing him of theft, he basically said it would be a civil matter. Officer still went to that guys house to get his side of the story, and of course dirtbag says I gave him permission to sell the stuff, in exchange for rent owed. He said she said, told the cop to "take me to court" of course you'd say that, you have nothing else to loose!!!!! This guy has no money, no job, about to be homeless.. Desperate people do desperate things. If nothing else comes out of this whole situation, I would have learned an expensive lesson.
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