Re: There is no stolen laptop
Posted by:
theft vs civil issue
()
Date: July 27, 2015 11:04AM
If Lizzie (or really anyone else) removed the laptop from Misery's residence or car without his knowledge or permission, then Misery should file a police report immediately, as it would be theft. Whether the police do anything or not, its good to have that on file, for insurance purposes if nothing else.
If Misery knowingly gave Lizzie the laptop under any set of understandings, then its not really theft, and truly a civil matter. Misery would need to sue for a Writ of Possession and convince a small claims court judge that he gave Lizzie the laptop under a set of defined conditions (especially expected return of the laptop), and Lizzie violated those. The relief would then be the return of the laptop.
In any event, I would recommend Misery and his family understand the different between theft and a "broken deal" before pressing further claims online.