2006-12-16 13:13:32 · 8 answers · asked by phantom_steel1988 2 in Politics & Government ➔ Law & Ethics
Well, my friend borrowed a GC memory card from me. Now he's ticked off at me because I didn't want to hang out with him. And I'm sick of him getting mad when ever I don't want to hang out, which is quite often, because I'm not a hanging out kid of guy. He then e-mails me and says that he's keeping the memory card as payment for wasting his time with me. I'm getting that damn thing back even if I have to beat him to get it. I'll probably just get the school resource officer to scare him into giving it to me.
2006-12-16 13:28:43 · update #1
If you are the rightful owner, can prove your right to ownership and demand it be returned and they refuse to return it, yes you could treat it as a theft. Whether someone else will do something about it depends on it's monitary value. You would have to go through certain steps like prove you gave notice of demand of return of the property...like a certified letter and a specified time in which to comply which is reasonable.
Once this is done then the options are:
1.Obtain a court order mandating the return of the items.
2.Have a police officer meet you at the premises to obtain your items with proof of ownership.
3.Sue him for the value of the item or its return in small claims court.
4.Forget about it and chalk it up to experience.
2006-12-16 13:30:04 · answer #1 · answered by Bob 5 · 1⤊ 0⤋
What are we talking about here ... a book or a car? It's theft either way, but the value of the item would influence what action you may want to take to recover the item. If it's of little or not particular value, don't do anything, but remember this incident and never lend anything again ... ever! If the item has sentimental or real value, you need to decide how far you want to take things. Ask your friend several times for the item, giving him the opportunity to return the item. If there is no action on his part, you can get an attorney to write a 'demand' letter on his letter head. Sometimes, just the appearance of taking legal action will get the desired result. If your friend is still unresponsive, and you really want the item and are willing to spend some money to get it, hire the attorney to handle the matter.
2006-12-16 13:27:57 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Yes, it's stealing, but it's going to be darn near impossible to prove. I suppose you could file a police report, but it won't get the person arrested or anything. I had a friend who borrowed a friend's leather coat, then never returned it. He filed a report, and the police went out to the friend's house and asked for the coat back. But that was in Alaska, where the police don't really have much to do, anyways.
If the police angle doesn't work, try filing suit in small claims court.
Hope this helps!
2006-12-16 13:17:09 · answer #3 · answered by rita_alabama 6 · 0⤊ 0⤋
I understand that it is called "theft by deception" when somone borrows something of value, and doesn't return it. But, it needs to be substantiated that there was some form of verbal or written contract, or agreement, that was broken.
And, it could be a large item or instance, or several small ones, even by different complainants, to establish it to be of Felony value, such as the DOJ conviction of Microsoft corporation for millions of small thefts by deception! Microsoft just had their probation canceled and a new three year probation imposed, Oct. 2006!
Seems that Microsoft won't ever learn! I won't deal with them!
there are over 500 alternatives, that are upto 50X faster, and are FREE! http://pclinuxos.com http://livecdlist.com http://distrowatch.com all have them for FREE DL!
Bottom line: Don't do ANY business with a known felon!
2006-12-16 13:35:24 · answer #4 · answered by Anonymous · 0⤊ 0⤋
If you approved of the person borrowing the item, its not stolen. Now, refusing to return someones personal property? You need proof the item of question is yours - if you have positive proof the police should meet you at the residence of the individual whom is in possession of your property.... at least that is how someone I know was able to receive his property back.
Other way is small claims court. No one likes to be summoned to court so if police can't help this way will wake-up your friend...
2006-12-16 13:29:04 · answer #5 · answered by D. 2 · 0⤊ 0⤋
yes, if someone refuses to return something they allegedly "borrowed" then it is considered stolen. The police can be involved and have been involved in similar cases in the past. One such event was when a high school student allowed another student to borrow his ipod, then he called the cops and went to court and suprisingly won.
2006-12-16 13:22:32 · answer #6 · answered by thebus223 3 · 0⤊ 0⤋
it's up to you to decide whether or not it is stealing. depending on the items stolen, you could either ignore it and just carry on or if it is something big then you could have the authorities take action. You can't say someone stole your things when they took it without permission. you must assess the situation first before deciding on what to do.
2006-12-16 13:25:48 · answer #7 · answered by lpjz290 2 · 0⤊ 0⤋
you need to keep the email as your proof that he is keeping your thing hostage. I had to go through so many troubles in the past but luckily i saved emails to prove my points.
2006-12-16 18:43:09 · answer #8 · answered by chocolate_chip_cookie01 2 · 0⤊ 0⤋