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Old 08-02-2012, 02:09 AM
 
743 posts, read 963,028 times
Reputation: 531

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A couple months ago my girlfriend's ex-husband had entered our condo residence at the guard gate, didn't have an address and name to give and was told by the guard to turn around. Instead, he went through the gate and made an immediate right turn, followed his GPS to where he thought my girlfriend's car would be parked, and stole around $6000 worth of valuables out of it having had a spare key to the vehicle; jewelry, shoes, designer dresses, perfume, etc all gone...pretty much all of her possessions leaving her with nothing. Some of the items were things I bought her (necklace, clothing, etc) some he had bought, some she had previously required, family jewelry, etc...but they were all belonging to her in a car bought by her (though the car was registered under his name). He even stole her birth certificate and she had to replace that.

By meeting him a few days later to clear things up...he told me the joke of a security that exists at my residence that I pay $350 a month for ($175 x 2 units).

Due to him having a bit of power over her citizenship, I really thought it best not to go after him for any losses and I didn't want to hold the security responsible (at the time) because I was planning on buying more units and I didn't want a blemish on this condo's lack of security if it got around...

Recently been fed up with the HOA trying to "raise money" with $25 for .30 rubber pool wrist bands that I have this attitude where if the security put in half the effort to have ensured safety of my gf's possessions by radioing on their 24/hr patrol that constantly roams to notify them of a guy breaking/disobeying guard orders and to follow up on it rather than the effort they put in to monitor a pool bracelet (among other things) then I wouldn't be out thousands of dollars in having to replace these items.

Due to the arrogance and attitude of one of the guards in particular when I explained what had happened I am about ready to take action...do I have any legal recourse against the HOA or guard company the HOA put in place?

Any thoughts are appreciated...
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Old 08-02-2012, 03:39 AM
 
743 posts, read 963,028 times
Reputation: 531
After meeting with him 3 days later, he was also carrying a gun at the time and knew what I looked like. Yikes...a friend of mine who has a law degree said I can sue on negligence.
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Old 08-02-2012, 04:06 AM
 
2,724 posts, read 4,744,907 times
Reputation: 1042
Domestic squabbles notwithstanding, I'd be opening up a can of whoopass on the HOA for the $25 wristband!
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Old 08-02-2012, 06:48 AM
 
Location: In the Silver State of Nevada in Las Vegas NV
1,062 posts, read 1,798,440 times
Reputation: 925
If you have records of paying for this stuff or proof of ownership you cam file a report with police that you place was entered and he stole items. Have him arrested. Second if the police prove he has stuff you owned turn it in on your homeowners insurance. It is going to cost you a pretty penny to sue and prove this happen with out proof.
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Old 08-02-2012, 08:31 AM
 
Location: Metro Phoenix, AZ USA
17,914 posts, read 43,133,610 times
Reputation: 10718
Quote:
Originally Posted by irishspy View Post
If you have records of paying for this stuff or proof of ownership you cam file a report with police that you place was entered and he stole items. Have him arrested. Second if the police prove he has stuff you owned turn it in on your homeowners insurance. It is going to cost you a pretty penny to sue and prove this happen with out proof.
Indeed! Why are you even thinking about suing the security company first. You HAVE to file a police report (actually, your girlfriend does). Insurance also comes into play here, with a police report. Some of the stuff may actually get recovered if you get law enforcement involved.

Just noticed that all this happened A COUPLE MONTHS AGO. And you (or more importantly, your girlfriend) have done nothing since about this except think about suing the security company???
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Old 08-02-2012, 09:01 AM
 
Location: In the Silver State of Nevada in Las Vegas NV
1,062 posts, read 1,798,440 times
Reputation: 925
I am so smart !!!
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Old 08-02-2012, 09:04 AM
 
11,119 posts, read 15,876,313 times
Reputation: 29550
Quote:
Originally Posted by irishspy View Post
If you have records of paying for this stuff or proof of ownership you cam file a report with police that you place was entered and he stole items. Have him arrested. Second if the police prove he has stuff you owned turn it in on your homeowners insurance. It is going to cost you a pretty penny to sue and prove this happen with out proof.
Unless I am misreading the OP, the gf's ex-husband didn't enter the condo at all; he merely used his own key to enter a car of which he is the registered owner. He then removed items that were in his registered vehicle. Since they were in "his" car, I'm not sure anything criminal occurred. Sounds more like a civil case to recover disputed property.

I could be wrong, but if he removed items from his car and placed them in his house, for example, what exactly has changed? Where is the theft? Now if he wasn't the registered owner of the vehicle, that would be different.

Not stating any of this as a fact, JMHO.
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Old 08-02-2012, 09:11 AM
 
Location: Tyler, TX
23,298 posts, read 23,661,456 times
Reputation: 14645
I think the most he could be criminally guilty of is trespassing, but even that's a stretch. He entered the property to gain entrance to HIS car. It doesn't matter who drives it or makes the payments - if he's the registered owner, it's his in the eyes of the law.

She can file a civil suit, but if there are issues with her citizenship, that should be a very carefully considered decision.

So the obvious question here is, why were $6,000 worth of her belongings sitting in the car?!!
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Old 08-02-2012, 10:14 AM
 
Location: Vegas, baby, Vegas!
3,977 posts, read 7,603,022 times
Reputation: 3738
There is ALL KINDS OF WRONG about this,

1) ditch the girl, she is trouble with a capital T, no matter HOW good she is.. she is trouble
2) run, DON'T WALK to the nearest exit

Jonathan
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Old 08-02-2012, 10:30 AM
 
Location: Las Vegas, NV
34 posts, read 50,656 times
Reputation: 56
It will also depend on that states law, and if they are still legally married. For example some states are 50/50 states, it doesn't matter when, where, or how you get the stuff, if you're still married, it's still legally half her spouses. (again some states are not like that and I have no idea what Nevada is. Like Mac said above, give he owned the car, I think that gives him right to everything that is in it as well. I mean if there were drugs or illegal weapons in there he could go to jail for that. Also she is probably lucky that he didn't call the car in stolen, which is probably why you really didn't get the cops involved to start with.

I'd have to agree with everyone else it would be a civil case to the ex probably. Any Judge will probably throw it out based on the grounds you stood around for 3 months and didn't even bother with a police report for that much stuff. (Why was that much stuff left in a car anyways?!?).

If you are really concerned for your safety and not just your pocket book at this point, call the company that manages your gate guards directly. (The Corporate number) and start raising hell. Talk to your neighbors see if they have similar complaints and try to get them to complain as well.

You should have filed a police report from the start, even if you do have insurance, they are probably going to give you crap now because you waited so long to file. If they even pay, I believe my insurance says I have to file a police report and I have to file within such an amount of time. I mean really they would rather the police find the stuff then have to pay you for it.

I also have to agree with Mac here, maybe you should just think about dropping the girl.
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