Legal Question in Consumer Law in Wisconsin

My ex boyfriend put my necklace in the pawn shop for his daughter's schooling and will not give it back. how can i get my necklace back?


Asked on 3/25/13, 2:01 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

If you are legitimately the victim of a theft and report it to the police, you might have the right to attempt to recover stolen property from the pawn shop with their assistance. However, the police will rarely be willing to involve themselves in property division between spouses or domestic partners, and will instead probably recommend that you sue him in civil court. This would be on the theory that taking from a domestic partner does not truly constitute theft. but instead is a byproduct of a poor choice of partners. Depending upon the value of the item and collectability of your ex boyfriend, suing him may or may not be worthwhile. Meanwhile, you will also have a legal duty to protect yourself, for example, but redeeming the item out of hock so that the shop does not sell it to someone else, while you are waiting for your court ruling. This is known as "mitigation" of you damages. Even the best outcome for you in court if you sue your ex would not allow you to get any more in money damages than a hypothetical person who had taken reasonable steps like this to mitigate their damages. Please do not assume that I am your lawyer simply due to answering this question; you will need to make arrangements to retain any of the responding lawyers here before they would actually become your lawyer. You are welcome to call my office at 262-633-3090 for clarifications. http://www.lawguru.com/answers/atty_profile/view_attorney_profile/jknixon

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Answered on 3/26/13, 3:56 am


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