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James Boston
06-07-2005, 01:04 AM
Let's say you, of your own volition, let someone borrow something and they repeatedly avoid returning it after several basic cordial requests, and a few more stern ones. How much effort should be made before you are justified in, or legally can, report it stolen? Does the value of said borrowed property come into play here?

TStoneMBD
06-07-2005, 01:06 AM
immediately?

fluxrad
06-07-2005, 01:12 AM
[ QUOTE ]
Does the value of said borrowed property come into play here?

[/ QUOTE ]

Yes.

James Boston
06-07-2005, 01:19 AM
Would you say that if it's below X value it's a moot point, or just wait longer?

fluxrad
06-07-2005, 01:21 AM
I'd say if it's below X value, just let it go.

What did your boy steal? Also, who is it? An acquaintance, a good friend?

James Boston
06-07-2005, 01:30 AM
Well, in full disclosure, before posting I was debating the idea and heard a noise outside...found my stuff on the front porch. It just made me think about it. A girl, who I have never dated but we're friends, had some stuff of mine. She's been exceptionally bitchy lately and flat out told me that she'd get around to it, but didn't give a damn that I wanted it back anytime soon. It was 3 shirts and 4 books (2 of which I haven't read yet). I thought having the cops show up to get it would be a nice touch since she made it clear that me having my belongings back after several months was not on her priority radar. I just couldn't decide if it was too much, or if the police would yell at me.

fluxrad
06-07-2005, 01:34 AM
It would be extremely puerile to call the police in this situation.

TStoneMBD
06-07-2005, 01:49 AM
next time this happens tell the police that she has some of your stuff and is hiding them inside her vagina. that will get them on the case asap.

Oski
06-07-2005, 02:34 AM
[ QUOTE ]
Let's say you, of your own volition, let someone borrow something and they repeatedly avoid returning it after several basic cordial requests, and a few more stern ones. How much effort should be made before you are justified in, or legally can, report it stolen? Does the value of said borrowed property come into play here?

[/ QUOTE ]

Let's say you, of your own volition, let someone borrow something ...

Say no more, its a civil matter now. Have to file a lawsuit. In this case it would be for a tort called conversion.

poker-penguin
06-07-2005, 11:05 AM
Is theft by conversion not a criminal matter in the US?

I was fairly sure it was a crime at home (although that might just be under military law).

But anyway, I doubt you'd have gotten much police interest, especially if it isn't actually a crime.

This is why you don't lend [censored] you want back.

Patrick del Poker Grande
06-07-2005, 11:22 AM
[ QUOTE ]
It would be extremely puerile to call the police in this situation.

[/ QUOTE ]
Puerile... nice.

Your Mom
06-07-2005, 11:43 AM
A friend owed me $100 for a bet. He didn't pay up. Then we weren't friends any more. I stole his dad's $300 driver out of his garage and held it ransom. He paid up that night.

kyro
06-07-2005, 11:49 AM
[ QUOTE ]
A friend owed me $100 for a bet. He didn't pay up. Then we weren't friends any more. I stole his dad's $300 driver out of his garage and held it ransom. He paid up that night.

[/ QUOTE ]

That's awfully brave of you considering how easy it would have been for him to have you arrested for theft...

Oski
06-07-2005, 01:14 PM
[ QUOTE ]
Is theft by conversion not a criminal matter in the US?

I was fairly sure it was a crime at home (although that might just be under military law).

But anyway, I doubt you'd have gotten much police interest, especially if it isn't actually a crime.

This is why you don't lend [censored] you want back.

[/ QUOTE ]

Conversion can be a crime. Where it IS a crime, it can always also be a civil action. Where it is not a crime, it can only be a civil action.

Generally, the distinction has to do with the possession rights conferred on the acting party.

Where one takes possession of your personal property without permission and then converts it, that is a crime. However, you can also file a civil action for civil conversion to be recompensed.

Where one has rightful possession of your personal property, but uses it beyond the scope of conferred authority, that can also be a crime. (I am giving a simple example ... what I have in mind is an embezzlement where the perpetrator is entitled access to the property, but then uses it contrary to the conferred authority). Of course, you can also file a civil action for civil conversion to be recompensed.

Where one LENDS property (like here) ... it become a civil matter. You have lent property pursuant to an agreement, whether oral or written. Of course all the terms may not be express, and you may even have stipulated when the property must be returned. However, should those terms be breached, its a civil matter.

Of course, many states have statutes controlling commercial transactions, where some activities that would normally be torts, can be considered crimes. These are usually crafted to protect the public.

Hope that helps.

Your Mom
06-08-2005, 02:13 AM
[ QUOTE ]
[ QUOTE ]
A friend owed me $100 for a bet. He didn't pay up. Then we weren't friends any more. I stole his dad's $300 driver out of his garage and held it ransom. He paid up that night.

[/ QUOTE ]

That's awfully brave of you considering how easy it would have been for him to have you arrested for theft...

[/ QUOTE ]

I knew the friend didn't have the balls to do this, because he would have to explain to his dad that he lost $100 on a bet and didn't pay up. His dad scared him. I weighed the odds and determined this to be my best move.

poker-penguin
06-08-2005, 03:12 AM
Thanks,

Worryingly, that does make sense. More worryingly, I was actually intereted. Maybe I should consider law school after all.