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Legal Question theft vs gifting... What if?
daisy
lop guest
User ID: 48475
08-08-2012 05:03 AM

 



Post: #16
RE: Legal Question theft vs gifting... What if?
circa 12  Wrote:
LoP Guest  Wrote:
circa 12  Wrote:
What if you leave something with someone to keep it safe for a short time and then when you ask for it back they claim "you can't have it because you gave it to them"? When you did no such thing... ?????? WTF.. is that theft or what?

BTW, the item being claimed is an antique spanish shotgun..

Thank You

You left out one option: dumb. Did you have anything in writing, an agreement, an email maybe, documenting your intention?

Can you prove it is yours? If they can't prove it belongs to them, report the theft and follow-up in court if necessary.


Yes I have witness... I was just wondering how other people saw this, to know if I had grounds before I file it in court.


court - waste of time/money.

rent yourself a big italian mafioso type of guy and have him retrieve it for you. quicker & cheaper.

make sure he breaks something while he is there. its adds to the drama.
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PsychoticBlonde
Registered User
User ID: 113167
08-08-2012 05:07 AM

Posts: 2,002



Post: #17
RE: Legal Question theft vs gifting... What if?
daisy  Wrote:
circa 12  Wrote:
LoP Guest  Wrote:
You left out one option: dumb. Did you have anything in writing, an agreement, an email maybe, documenting your intention?

Can you prove it is yours? If they can't prove it belongs to them, report the theft and follow-up in court if necessary.


Yes I have witness... I was just wondering how other people saw this, to know if I had grounds before I file it in court.


court - waste of time/money.

rent yourself a big italian mafioso type of guy and have him retrieve it for you. quicker & cheaper.

make sure he breaks something while he is there. its adds to the drama.

chuckle I'm in hopes to have friend grab it when they visit the people.. I just never thought of people using the gift tactic to gain something..

`*.¸.*♥ღϠ₡ღ¸.♥´´¯`♥.¸¸.Ƹ̴Ӂ̴Ʒ..
Psychotic Blonde.
That's What He Called Her.

ღϠ₡ღ¸ `*.¸.*♥ღϠ₡ღ¸.♥´´¯`♥
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LoP Guest
lop guest
User ID: 98922
08-08-2012 05:25 AM

 



Post: #18
RE: Legal Question theft vs gifting... What if?
circa 12  Wrote:
Yes I have witness...

That won't count for much if they are a good friend or devoted relative. If you were my friend I would lie for you to get justice. Hugs
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PsychoticBlonde
Registered User
User ID: 113167
08-08-2012 05:27 AM

Posts: 2,002



Post: #19
RE: Legal Question theft vs gifting... What if?
LoP Guest  Wrote:
circa 12  Wrote:
Yes I have witness...

That won't count for much if they are a good friend or devoted relative. If you were my friend I would lie for you to get justice. Hugs

Hugs

`*.¸.*♥ღϠ₡ღ¸.♥´´¯`♥.¸¸.Ƹ̴Ӂ̴Ʒ..
Psychotic Blonde.
That's What He Called Her.

ღϠ₡ღ¸ `*.¸.*♥ღϠ₡ღ¸.♥´´¯`♥
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LoP Guest
lop guest
User ID: 98922
08-08-2012 05:29 AM

 



Post: #20
RE: Legal Question theft vs gifting... What if?
circa 12  Wrote:
chuckle I'm in hopes to have friend grab it when they visit the people.. I just never thought of people using the gift tactic to gain something..

I hope to see that on teevee when the police are called to report armed burglars just robbed them. That's a police stop I want to see.

Taser! Taser! Taser! Taser! (need a taser smiley)
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PsychoticBlonde
Registered User
User ID: 113167
08-08-2012 05:35 AM

Posts: 2,002



Post: #21
RE: Legal Question theft vs gifting... What if?
LoP Guest  Wrote:
circa 12  Wrote:
chuckle I'm in hopes to have friend grab it when they visit the people.. I just never thought of people using the gift tactic to gain something..

I hope to see that on teevee when the police are called to report armed burglars just robbed them. That's a police stop I want to see.

Taser! Taser! Taser! Taser! (need a taser smiley)

If I or my unnamed person is in possession of the item they can't do anything. I'm not talking about robbery! I'm talking about them visiting and being let in the door and then removing the property.

`*.¸.*♥ღϠ₡ღ¸.♥´´¯`♥.¸¸.Ƹ̴Ӂ̴Ʒ..
Psychotic Blonde.
That's What He Called Her.

ღϠ₡ღ¸ `*.¸.*♥ღϠ₡ღ¸.♥´´¯`♥
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LoP Guest
lop guest
User ID: 98922
08-08-2012 05:41 AM

 



Post: #22
RE: Legal Question theft vs gifting... What if?
I don't know, that could turn out bad. I wouldn't want to involve a friend unless it was to retrieve something of real value, something alive, like a cat, maybe a child. chuckle
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LoP Guest
lop guest
User ID: 113173
08-08-2012 05:53 AM

 



Post: #23
RE: Legal Question theft vs gifting... What if?
yeah maybe he shared you a gift to share to share ;)

if we are all the same in community

what is ownership?


labor for labor
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daisy
lop guest
User ID: 48475
08-08-2012 04:09 PM

 



Post: #24
banana RE: Legal Question theft vs gifting... What if?
circa 12  Wrote:
daisy  Wrote:
circa 12  Wrote:
Yes I have witness... I was just wondering how other people saw this, to know if I had grounds before I file it in court.


court - waste of time/money.

rent yourself a big italian mafioso type of guy and have him retrieve it for you. quicker & cheaper.

make sure he breaks something while he is there. its adds to the drama.

chuckle I'm in hopes to have friend grab it when they visit the people.. I just never thought of people using the gift tactic to gain something..

let us know how it works out chuckle

and yeah, its 2012, people have lost their minds... don't be surprised at this type of behavior, I've seen a lot worse.


What's yours is yours. Just go there and take it back. And if they get a little mouthy, use this tactic:

quart of blood tactic:

http://www.youtube.com/watch?v=OUvKIubY6OY
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evilolive
Always Questioning ENFP!
User ID: 112275
08-08-2012 04:37 PM

Posts: 2,690



Post: #25
RE: Legal Question theft vs gifting... What if?
I had someone do that to me once.
Obviously, lesson learned, some humans are total shit faces.

[Image: tumblr_inline_mldr2catEq1qz4rgp.gif]
When a leaf falls, who's fault is it?
The tree that let it go,
The wind for blowing it away,
Or the leaf that got tired of holding on?
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Sunny
Registered User
User ID: 113451
08-08-2012 04:40 PM

Posts: 17,057



Post: #26
RE: Legal Question theft vs gifting... What if?
I think 1/2 those TV judge shows are over these types of cases.

"I lent him my car until he could get a new one so he could go to work"

"WHA!? You GAVE me your car!"
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Chawlee
Registered User
User ID: 113449
08-08-2012 04:45 PM

Posts: 3,904



Post: #27
RE: Legal Question theft vs gifting... What if?
Luvapottamus  Wrote:
There's also this:

Go take it, it's yours.

Then they'd have to sue you for it, or call the cops.

That's your call, and cops aren't good arbiters, but if somebody tried to keep tools I loaned them, I'd just go take them back.

No shit!!!

But take a newer shotgun with ya Jhikpghf
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Karu
Registered User
User ID: 15554
08-08-2012 05:00 PM

Posts: 5,202



Post: #28
RE: Legal Question theft vs gifting... What if?
LoP Guest  Wrote:
circa 12  Wrote:
chuckle I'm in hopes to have friend grab it when they visit the people.. I just never thought of people using the gift tactic to gain something..

I hope to see that on teevee when the police are called to report armed burglars just robbed them. That's a police stop I want to see.

Taser! Taser! Taser! Taser! (need a taser smiley)

[Image: 52DA_50227EEA.gif]

If society fell apart, we - the people would build a new one. Most people are good at their core, and when we see things that are wrong we work to fix them together. Make friends with your neighbors, get involved with your community - because we will rebuild our lives, our communities, from horrible circumstances we always will.
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LoP Guest
lop guest
User ID: 113460
08-08-2012 05:07 PM

 



Post: #29
RE: Legal Question theft vs gifting... What if?
circa 12  Wrote:
LoP Guest  Wrote:
It might be considered Theft by Conversion....the gun came into their hands "legally" but then they essentially stole it by claiming it belongs to them. Not nice!


http://legal-dictionary.thefreedictionar...conversion​


conversion n. a civil wrong (tort) in which one converts another's property to his/her own use, which is a fancy way of saying "steals." Conversion includes treating another's goods as one's own, holding onto such property which accidently comes into the convertor's (taker's) hands, or purposely giving the impression the assets belong to him/her. This gives the true owner the right to sue for his/her own property or the value and loss of use of it, as well as going to law enforcement authorities since conversion usually includes the crime of theft. (See: theft)

Good advice from everyone. Thank you... The conversion sounds like a big possibility. In Colorado you don't have to license a firearm. You can buy and sell without a license too and no reg. is required.

You should file a police report......Even if it ends up being a civil matter, a police report could help to substantiate your claim that the weapon was stolen by conversion. The sooner the better.
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Bob
Registered User
User ID: 113441
08-08-2012 05:17 PM

Posts: 1,024



Post: #30
RE: Legal Question theft vs gifting... What if?
as long as there was no paperwork stating you sold it or what not, its yours and I would file a police report. the problem will come in if they are not giving it back to you because they sold it or pawned it and even if they did its another good reason to file a report.
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