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Old 11-18-2011, 01:23 PM
 
1,007 posts, read 1,212,627 times
Reputation: 1009

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Quote:
Originally Posted by rd2007 View Post
why am I not surprised BCSD said that? I would be even less surprised if it was SAPD.. there was definitely a criminal act because all of YOUR property is now gone. The only thing that differentiates this from a more "normal" theft is the people had a work order and they did not do it for personal gain. All of YOUR stuff is gone, though.. I would call them out again and keep calling until they fill out the report. You could even offer to type it up for them or have one typed up in advance so they can simply copy it. It needs documenting before the story gets old.
.
That is not how the law works. This is not something to lay at the feet of a Law Enforcement Agency. They are not wrong or being lazy, they simply have no jurisdiction here. In theory, they could write up a "report" that they came, investigated and found it to be a civil issue. That wont help you though and you would be in the exact same situation as you are now...except with a paper that says "this is a civil issue."

It is either "theft" or it isnt. You cant make up levels of Theft because you no longer have stuff. Theft requires criminal intent.

This is a civil issue. You were indeed wronged and you can seek damages for that but you were not criminally wronged.

As a disclaimer, always consult an attorney and my statements are based on the assumption that this unfortunate situation occurred with no criminal intent, just a really unfortunate mistake.
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Old 11-18-2011, 01:31 PM
 
Location: Schertz, TX
418 posts, read 688,068 times
Reputation: 278
Quote:
Originally Posted by SsnTktHldr View Post
They're saying the previous management company put in the work order and they just executed it, trying to pass blame.
Take three initial steps in tandem...

A) Put together an inventory list of as many of the times you remember.

B) Get a police report filed.

C) Attempt to work with the management company staff to politely but firmly to recover the items.

Don't accept them passing the blame or making you do all the leg
work... this is an issue they created and that they need to sort
out to your satisfaction.

Your next move will depend on the outcome if item "C".

Document in a bound book in pen all steps take, names, dates
and what was said. Initial and time stamp each entry.
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Old 11-18-2011, 01:34 PM
 
Location: Schertz, TX
418 posts, read 688,068 times
Reputation: 278
Quote:
Originally Posted by Neshomamench View Post

As a disclaimer, always consult an attorney and my statements are based on the assumption that this unfortunate situation occurred with no criminal intent, just a really unfortunate mistake.
But how does anyone really know that without a police investigation
being done first.

Maybe there is some scam going on and someone or group of people
at the management outfit are benefiting.
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Old 11-18-2011, 01:41 PM
 
1,007 posts, read 1,212,627 times
Reputation: 1009
Quote:
Originally Posted by Paul56 View Post
But how does anyone really know that without a police investigation
being done first.

Maybe there is some scam going on and someone or group of people
at the management outfit are benefiting.
Sure, if this has happened a number of times. However, if the police get the information, there is a paper trail and there is no history of this, it is unlikely (and we can see they are not going to) do anything else other that say "this is a civil issue." which is a valid and fair response not only based on the situation at hand but an understanding of how it all works. Something the victim in cases such as this, often doesnt have (and understanding of how it all works)

As an opinion, if this was a criminal issue, your chances of recovering damages go way down. It will drag out and various clauses in the insurance may kick in that limit or get rid of damages owed and your chances of recovering from the people who did it are next to nothing. To make it even worse, their punishment will probably be a lot less than you think it should be. So you get no or little revenge and no or little recovery.

There are the things in life we want to do and then there are the things that are wise to do. They are not always the same thing.

Once more though, engage the services of an attorney.
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Old 11-18-2011, 02:44 PM
 
1,836 posts, read 3,332,946 times
Reputation: 1735
Quote:
Originally Posted by Neshomamench View Post
Folks, no matter how much you think it is a criminal act...it isnt. As always, this is not about right or wrong, this is about the way it is.

With a few exceptions, in order for it (and in particular this) to be criminal, there would have to be mens rea, an actual intent to commit a crime. That(most likely) is not the case here. No matter how much it sucks or how angry it makes you.

This is a civil issue.

I think most people understand it's a civil issue. No one in the past two years seems to think otherwise based on where this thread has been going. Who in the world is saying this is a 'criminal' act?

In any event, best of luck to the OP. This one sounds a wee bit complicated at this point.




BN
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Old 11-18-2011, 11:41 PM
 
1,007 posts, read 1,212,627 times
Reputation: 1009
Quote:
Originally Posted by BenjaminNicholas View Post
I think most people understand it's a civil issue. No one in the past two years seems to think otherwise based on where this thread has been going. Who in the world is saying this is a 'criminal' act?

In any event, best of luck to the OP. This one sounds a wee bit complicated at this point.




BN
How about, for starters, the people who said "it was a criminal act" or something similar in relation to it somehow being theft.
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Old 11-19-2011, 12:35 AM
 
Location: San Antonio, Texas
4,274 posts, read 6,638,309 times
Reputation: 3910
There's a reason we need to read all the posts on nearly 2-year-old threads. Happy Anniversary, btw
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