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  1. #1
    Join Date
    Jan 2019
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    4

    Default How to Retrieve Property

    My question involves criminal law for the state of: Arizona / California

    My in-laws, who are overseas, have sent my wife some gifts through my brother-in-law. He is refusing to send the gifts, worth more than $1500. He is in Arizona and we are in California. What are our options to get the gifts from him? I could go there but they would make problems.

  2. #2
    Join Date
    Jan 2016
    Posts
    408

    Default Re: How to Retrieve Property

    You would have to sue him.

    Why didn't your in-laws send the gifts directly to your wife?

  3. #3
    Join Date
    Jan 2019
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    4

    Default Re: How to Retrieve Property

    Quote Quoting Shadowbunny
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    You would have to sue him.

    Why didn't your in-laws send the gifts directly to your wife?
    Well, that's what I said but they wanted to save the cost. I've heard of breakups where one party gets a police escort to retrieve property. Would that not apply here?

  4. #4
    Join Date
    Oct 2016
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    3,221

    Default Re: How to Retrieve Property

    Quote Quoting daufoi
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    I've heard of breakups where one party gets a police escort to retrieve property. Would that not apply here?
    No, it would not. And the court may not require the actual gifts be transferred, they may just grant the value.

    Your best bet would be pressure from the original givers of the gifts applied to the AZ family members.

    If they were shipped to AZ there really shouldn't have been much of a cost difference to send them to CA. Where were they shipped from?

  5. #5
    Join Date
    Mar 2013
    Posts
    17,124

    Default Re: How to Retrieve Property

    Quote Quoting daufoi
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    My question involves criminal law for the state of: Arizona / California

    My in-laws, who are overseas, have sent my wife some gifts through my brother-in-law. He is refusing to send the gifts, worth more than $1500. He is in Arizona and we are in California. What are our options to get the gifts from him? I could go there but they would make problems.
    I'll bet there is more to this story than you are telling.

    What was her brother's reason for not sending the gifts:

    1 - I don't have the money for the postage.
    2 - My car broke down so I can't get to the post office.
    3 - I'm jealous because I didn't get any gifts.
    4 - I hate my sister.
    5 - I hate my parents.
    6 - I'm an all around scumbag.
    7 - Something else?

    This is something your wife has to throw back in her parents' lap so they can deal with their son. It's not really a "legal" issue.

  6. #6
    Join Date
    Jul 2018
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    1,638

    Default Re: How to Retrieve Property

    Quote Quoting daufoi
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    I've heard of breakups where one party gets a police escort to retrieve property. Would that not apply here?
    I've never heard of this actually happening in real life, but you're obviously free to contact the police where your brother-in-law lives and ask if they want to involve themselves in this personal dispute. But what happens if they get to his house and he says, "dude is crazy. This is my stuff, not his"?

    Keep in mind also that it's arguable that you have no legal right to the gifts even if your in-laws intended them to go to you. It's more of a dispute between your in-laws than one between you and your bro-in-law.


    Quote Quoting adjusterjack
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    This is something your wife has to throw back in her parents' lap so they can deal with their son. It's not really a "legal" issue.
    Agree.

  7. #7
    Join Date
    Jan 2019
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    4

    Default Re: How to Retrieve Property

    First, a clarification: he is my wife's sister's husband, so he is my wife's BIL and my BIL by marriage. My wife's parents side with her but her sister sticks up for her husband. My wife's parents pressure him but he still refuses to send the gifts.

    What was her brother's reason for not sending the gifts:


    1 - I don't have the money for the postage.
    2 - My car broke down so I can't get to the post office.
    3 - I'm jealous because I didn't get any gifts.
    4 - I hate my sister.
    5 - I hate my parents.
    6 - I'm an all around scumbag.
    7 - Something else?

    This is something your wife has to throw back in her parents' lap so they can deal with their son. It's not really a "legal" issue.
    Yes, he is a scumbag (some of the items are for my 7-month old son) but also because it has been a messy relationship between him and my wife. I would consider this theft and therefore a legal issue.


    Quote Quoting pg1067
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    I've never heard of this actually happening in real life, but you're obviously free to contact the police where your brother-in-law lives and ask if they want to involve themselves in this personal dispute. But what happens if they get to his house and he says, "dude is crazy. This is my stuff, not his"?

    Keep in mind also that it's arguable that you have no legal right to the gifts even if your in-laws intended them to go to you. It's more of a dispute between your in-laws than one between you and your bro-in-law.
    I figure the police would ask for proof that the stuff belongs to us and that he has taken them, there have been a number of messages going back and forth to prove this.

    If they were shipped to AZ there really shouldn't have been much of a cost difference to send them to CA. Where were they shipped from?
    My in-laws live overseas and my BIL went there. There was clear intent for these gifts to go to my wife and he agreed. When he came back to AZ, we asked for him to send them (AZ to CA) and he has refused.

  8. #8
    Join Date
    Sep 2005
    Location
    California
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    20,354

    Default Re: How to Retrieve Property

    Even if the police in AZ accompany you to the relative's home, they CAN NOT compel him to turn them over to you. Their job would solely be to keep the peace, not to force the issue. The cops would not be hired muscle nor could they decide who any property might belong to. They might try and mediate the matter, or, they might shrug it off and call it a day when he refused to turn anything over. In the end, the cops won't be able to force your BIL to do anything.

    YOU may consider this theft, but it seems more of a civil issue than a crime and I think you'd have a hard time convincing the police in AZ to take a theft report, and a harder time convincing a prosecutor to file it. Your wife - or, perhaps, her parents - can take the BIL to Small Claims Court for the value of the items should they choose.
    **********
    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

  9. #9
    Join Date
    Jul 2018
    Posts
    1,638

    Default Re: How to Retrieve Property

    Quote Quoting daufoi
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    I figure the police would ask for proof that the stuff belongs to us and that he has taken them, there have been a number of messages going back and forth to prove this.
    So...you envision the police conducting sort of an impromptu civil trial on the guy's doorstep? This is why police rarely will involve themselves in disputes like this.

  10. #10
    Join Date
    Jan 2019
    Posts
    4

    Default Re: How to Retrieve Property

    Quote Quoting pg1067
    View Post
    So...you envision the police conducting sort of an impromptu civil trial on the guy's doorstep? This is why police rarely will involve themselves in disputes like this.
    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.

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