Legal Question in Credit and Debt Law in Pennsylvania

I have a friend who won't give me my stuff back do I have the right to take this matter to the cops or maybe even court?


Asked on 3/28/12, 7:53 pm

1 Answer from Attorneys

You provide no insight as to why your "friend" has possession of the items in the first place. There is no crime committed unless your friend took the items with the intent of keeping them or engaged in some other criminal act to get them. I would give serious thought as to whether you wish to pursue the criminal route. If you opt for this, then you are not going to get your things back unless and until it is part of the dismissal or disposition of the criminal case.

Your option may be to get a lawyer to send a very stern letter to tell your friend to either give you back your stuff or the value thereof or else you will pursue your legal options. If they do not respond to the lawyer, then you can decide whether to go the civil or criminal route. I don't know what the property is worth - if its under $8000, you can file a small claims action for recovery of the items (called replevin) or the value of the items (if your friend no longer has the property - its called conversion). Depending on the value, it may also make sense to hire an attorney to pursue the case in court. I would only contact the police if in fact there was criminality involved in your friend acquiring the property. If there is not, then its not really a criminal matter.

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Answered on 3/29/12, 12:23 am


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