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  1. #11
    Join Date
    Dec 2009
    Location
    Lake Chapala
    Posts
    2,934

    Default Re: How to Retrieve Property

    Quote Quoting daufoi
    View Post
    So if the police catch a burglar in the act of robbing a jewelry store, would the be conducting a civil trial right there? No, they have evidence to prosecute. There is jewelry involved, there are receipts with the items in question that have my wife's name on them (her parents wrote her name instead of theirs), and we have pictures of those receipts. Police can run an investigation, find the evidence that we provide, and prosecute theft.
    Except...in your case the burglar did not have to break into your wife's parents' home to take the items by force. Your wife's parents gave the items to the burglar. The burglar has simply chosen not to pass the items on to you. No crime has been committed, ergo police involvement is not required.

    But really, instead of spending all this time arguing with us about this, why don't you just call the police and see what they say? Then report back to us.

    Thanks.

  2. #12
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,331

    Default Re: How to Retrieve Property

    Quote Quoting daufoi
    View Post
    So if the police catch a burglar in the act of robbing a jewelry store, would the be conducting a civil trial right there? No, they have evidence to prosecute. There is jewelry involved, there are receipts with the items in question that have my wife's name on them (her parents wrote her name instead of theirs), and we have pictures of those receipts. Police can run an investigation, find the evidence that we provide, and prosecute theft.
    This situation is NOT even close to the scenario you outline. If you want to see them prosecuted, your wife (the apparent person for whom the items were intended) can report this to the police where the property is located. Dollars to donuts they will punt on this considering it a civil issue, but, she can try. I guarantee you that the police going to the door with you WILL NOT take any action to seize the items or arrest the BIL.

    Here is how the police will see this. Items given to the BIL voluntarily by the parents overseas. BIL brings them into the country and holds onto them. Where's the theft? A case MIGHT be made for embezzlement, but then there becomes a question of jurisdiction ... AZ or overseas? Assuming an argument can be made for AZ, then it comes down to the statements of the involved parties. What do the parents say, what does the BIL say, and then, what can be proven.

    In short, your wife may have a much stronger civil case than a criminal one. She should try Small Claims Court ... thought that may mean two or more trips to AZ to appear in court.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

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