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Items were brought to my house for storage and left for 2 years to keep it from being taken in a divorce. I pawned the items and now the owner wants the items back. I lost some of the items and she wants to take a warrent out on me claiming I stole the items. I have witnesses that witnessed the person bring the items to my house. Is this a criminal suit or a civial suit?

2007-07-14 06:28:17 · 15 answers · asked by chamrock 1 in Politics & Government Law Enforcement & Police

15 answers

100 % civil.... she will have to take you to court and have a judge determine if you owe her damages.

2007-07-14 06:45:03 · answer #1 · answered by Dog Lover 7 · 1 0

This is a civil suit, not criminal. If they do sue you in court, they probably will not win. Ask what happened over the two years that it took them to come and claim these items. Did you have contact with this person during the two year time? Did you agree to hold these items and be responsible for them for two years? Did you try to contact them to come and get them before getting rid of them? Are they willing to pay a storage fee for the two years you held it? Maybe they should have rented a storage unit somewhere instead of entrusting it to another person. Sounds like they are out of luck. You could offer to pay them what you received for the items if you want to continue to be friends.

2007-07-14 07:11:39 · answer #2 · answered by chill out 4 · 1 0

there is not any such factor as a criminal healthful. there's a criminal prosecution, yet you do no longer come to a decision that, the DA does. it incredibly is somewhat no longer likely that the DA will % to prosecute this style of difficulty, because of the fact it incredibly is in maximum cases a money difficulty rather than a criminal one. regardless of if he did prosecute, it would purely make it much extra stable so you might convey mutually your judgement. How would desire to he pay you back if he's in penal complex, or after spending 1000's on a criminal expert? by the type, 'Kim' would not understand what she is speaking approximately. Your civil judgement has no impact on a criminal case, considering the undeniable fact that counsel won't additionally be admissible in courtroom. it incredibly is prejudicial and could be excluded.

2016-10-21 06:41:33 · answer #3 · answered by ? 4 · 0 0

Both.

Both of you committed fraud when you agreed to conceal the property. That is definitely criminal.

You committed unlawful conversion when you sold the items without giving the owner proper notice and a chance to retrieve them. That's pretty criminal as well.

When you agreed to store the items, your taking them created a "bailment", meaning you had certain duties to protect the property and return it. Although 2 years is a long wait, the property was not yours to sell. That much is civil.

The owner can take you to court and sue for the value of the property. Civil, pure and simple.

Will she? Not if she wants to avoid a possible charge of fraud (see first para.), as unlikely as that would be.

2007-07-14 06:41:19 · answer #4 · answered by Grey Raven 4 · 2 0

It's civil, more the pity, and a pox on both your houses. She'll lose the lawsuit, because she's an evil perjurer, and you're complicit in the scheme, but there was no actual agreement for you to perjure yourself if the ex-spouse discovered that you helped her secrete assets.

But you have a reservation in a special corner of hell waiting for you to arrive. Not for what you did to her, but what you did to him (and yourself).

2007-07-14 07:16:49 · answer #5 · answered by Anonymous · 1 0

it's a nice mess. both the person and you conspired to defraud the divorce court and her ex-. That's criminal.

which is why I suspect 'she' isn't going to take any action at all -- she doesn't want to be facing a criminal fraud charge relating to the divorce.

so -- tell her you did your best and here's what you've got left. Take it, get out of my life, (stay out), or I confess to the cops and make a deal to testify against you in the divorce fraud case.


GL

2007-07-14 06:36:21 · answer #6 · answered by Spock (rhp) 7 · 1 0

It is a criminal act,when you pawn something that does not belong to you. They have a criminal, as well as a civil clain against you. You did a very immoral and stupid thing.

2007-07-14 10:37:40 · answer #7 · answered by WC 7 · 0 0

Civil after 6 months in my state the stuff is abandoned.

2007-07-18 04:46:33 · answer #8 · answered by Anonymous · 0 0

let her try to sue you (not criminal) -she'll win nothing ! assuming there are no written agreements. she brought the stuff to you in order to obstruct justice. while you are in an effect, an accessory to this, SHE is the criminal here! After talking to counsel, she'd be foolish to take you to court!

2007-07-14 07:08:01 · answer #9 · answered by Anonymous · 1 0

you shouldve realized she was scum when she enlisted you to help her hide her items...if she cheated her hubby that way, you had to know eventually shed show her true colors to you too........sounds like civil to me. seems to me yall would both be in trouble {{{or atleast look like scum, crooks}}} if she reported this to the police...quit hangin out with ppl like her, if civil or criminal proceedings start, i cant imagine any judge holding you liable for belongings she was trying to hide from the court {{in divorce proceedings}}} anyways

2007-07-14 06:34:35 · answer #10 · answered by tex 3 · 1 0

She can lay criminal charges and seek compensation through a civil action.

.....Both

2007-07-14 08:06:55 · answer #11 · answered by Jack 6 · 0 0

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