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Have you had something stolen from you?

Can something be considered stolen if it's later returned?

  • So here's the situation. I was out last week, a sort of a club that gets together same times locations and days of the week. While out, I lost my cell phone. I asked the restaurant management, I asked the other members of the group, I searched high and low. Nothing. I reported it lost/stolen and continued to search, even calling the restaurant the next day to ask about it. However I needed a phone, so I bought one and it was very expensive as I couldn't get the original new customer or upgrade discount. But it had to be done. Last night one of the members came forth to my mother (another member of the group) and asked if there was a reward out for my phone. My mom said no, and was asked y not if I wanted my pics and such from it (we have an online forum and I had mentioned the only thing I really cared about was the pics). This member's (adult) son had seen the phone, knew it to be mine, and held on to it. His mother seems to be passing it off as tho he's doing the right thing, but I'm out $250 and went a week without a phone. I'm a single mother w/ no home phone and can't afford to be without a phone or to spend so much on a new one and this person knew that. So if he does return the phone despite the fact that I won't pay him for it, is it still considered having been stolen? He made no effort to turn the phone in or contact me to give it back despite the fact that he knew it was mine and everybody present and everybody who read the forums knew I needed/wanted/was searching for it. Personally by being asked for money for it, I feel like my phone w/ all my pictures on it, is being held ransom. I'm livid and I'm afraid to say anything on the forums because I might really go off.

  • Answer:

    Yes it is. Have him charged. I am sure the cops can explain it to him. And sue him in small claims court as well.

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look like he wanted to keep it or wanted $$ in return for what belongs to you... thats stealing... as soon as he knew it was yours should have contacted you....

colonialmotion

It has been STOLEN. By a THIEF!! Go after his sorry a$$. GO OFF on him!!!!

drunkandisorderly

Yes, if he took possession of the phone knowing you were the rightful owner and did not make reasonable attempts to return it to you, then it can be considered theft. His attempts at holding it for ransom will elevate this. I suggest you make a police report, take all of your documentation like your receipts to small claims court and file suit. You will have to look up the laws in your state to see if they award punitive damages on top of the cost of the phone, court costs, and any time you had to take off from work or other costs from going to court, like paying a babysitter. I doubt if he ever does something like this again. If you can, I would try to email him or the mother and get them to say they want money for the phone's return. If you can't, just go ahead and tell the court what they did. Bring your mother as the witness.

Killer Queen

You should of reported it stolen and when you found out who may had it just sent the Police to get it,then what would the mother think.Would we believe that this is some what thief and that this mother thinks that it is o.k.

Dean A

ya report his*** to the police that might be just enough to scare him especially when you have evidence that he has it . he wont want this to go to court xause he can be charged with theft or taking something w/o permission

kylie d

I went over this with my idiot roommate, to borrow without asking is stealing period. Even if you return it.

firestorm

The kid stole it and you reported it as stolen. He and his mother need to learn the consequences of thievery. The only person with the power to let them off the hook, is you, and in my opinion, I wouldn't let them off. Have the punk arrested as a thief and his mother as an accomplice.

Curt J

Yes. Think about this: If someone takes something, but returns it, he still committed the crime of taking it. If it were not, there would be a lot more criminals. Imagine: if this worked, all criminals would apologize and they would say "oh, it's ok, get on with your life". This makes it a perversion of justice, to allow anything like this to happen.

Andrew

File a police report. Tell the police that everyone is aware the phone was "missing." Don't use the word "lost." Get all the info for the phone from the service provider (serial number, model, etc..). Tell the police these people are trying to get money from you for its return.

Yak Rider

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