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A Question of Legality Post your legal questions here (general, nothing of a personal nature)

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Old 07-16-2011, 08:49 AM   #1
craazziee8
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Join Date: Jul 16, 2011
Location: Dallas, TX
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Default Legal Advice Help Please!

Hello,

How are you doing today? I pray that your having a blessed day. I have a legal problem. Short story...well as short as I can get it. Here it goes.

I was renting a house with 2 other people. Well, while I was away on a vacation and handling business my roommate that is on the lease stole over 15,000 dollars worth of my stuff while I was away. When I returned from vacation I noticed that the locks where changed (yes rent was paid) and that everything in the house was gone. I couldnt get in called the land lord and he said that he had to evict the other tenant b/c he wasnt paying rent and when he came to do that he said he noticed my stuff wasnt there then. I called the police and they are saying this is a civil matter and that I need to go to the Justice of the Peace to take him to civil court!!! I really dont understand how that stealing all my music equipment and computers and food and cloth's is a civil matter. I am at a loss on what to do....I've tried several times to report this stolen and they will not give me a case number. Please help I am running out of time.


p.s. What my question is ...is their way to get a police report number so I can give something to the insurance comapany? I had renters insurance. Been trying to call the old roommate and he wont answer and now his phone is shut off.


Thanks for taking the time to read this.
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Old 07-16-2011, 09:57 AM   #2
guest060112-3
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I thought after the amount of stuff stolen passed $2,000 it was no longer a misdemeanor and become a felony-- I'm not sure how that's a civil court thing, except that it's he-said/he-said due to the person being a roommate.

Have you talked to a lawyer? I think you might need to talk to a second police officer. That just sounds too hinky.
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Old 07-16-2011, 11:01 AM   #3
jframe2
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Default

Not sure if this will help, but in some jurisdictions it is actually against the law for a police officer to refuse to take a police report.
Possible action in no particular order-
- Actually you should do this first---- send a registered letter to your insurance agent with all the details and dates and that you are attempting to get a police report. This will put the insurance company on notice of a possible claim and Texas law may require them to set aside the potential loss amount ($15k) even without a police report;
- go to the Detective Bureau in person, with copies of as many receipts/proof of ownership as possible and file the report. Keep going up the Supervisor chain until you get a report taken;
- make sure you are trying to file the Report with the proper LE agency; if you are in the city limits file with the local PD. If you are in the county, file with the Sheriff's Dept;
- you may also have some recourse with your landlord. What is the coincidence of all of this happening while you are on an vacation? Make sure and mention this when filing the report. Maybe call the landlord and inform him that you were filing a report and wanted to verify the facts with him, including where the LE could contact him.
- What does the other roommate have to say? Is he suddenly unavailable? Another coincidence?;
- Does a local tv station have a "help the citizen" type of reporter? Contact them.... they usually are very interested in "roasting" govt when a citizen is getting screwed. And let the landlord know you are going to the TV and he might be contacted.
- do not do this alone, but cruise some of the local pawn shops and flea markets looking for your equipment. If you find anything, do not confront anybody, call LE and tell them you have found stolen property. Keep copies of your proof of ownership close by when you do this.
- Cruise Backpages, Ebay etc looking for the equipment.
- Cruise music stores that buy used equipment. Talk directly to the owner/manager and let them know the situation.

Man..... I feel your pain.... and good luck.
Persistance is how you will win this race!!!
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Old 07-16-2011, 11:21 AM   #4
pgmrpmt
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Default Pawnshop Recovery

The police are required to list stolen property and pawnshop owners are required to get valid ID and list purchased/pledged property. If your stolen stuff matches anything on the police report, you can claim it from the pawnshop and get it returned. You'll need proof of ownership.

My church had equipment stolen and when the pawnshop registered the stuff, LE contacted the church, we recovered the equipmant and the thief's sob story got him probation and community service.

The pawnshop owner said he had a reasonable story and went on his instinct, He said it's the cost of doing business.

The main point is that you have to get LE involved and/or do massive amounts of leg work locating your possessions.

Good luck
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