Advice

[mommy52]

Hello to you all.I nedd to get your opinions on this situation I am in. I left 9 pieces of jewlry at a jewlry store to be cleaned and resized and stone replaced in one. Here's my problem......I went to pick up my jewlry, they couldn't find it. He never denied that I brought it in. They just couldn't find it. They didn't even have their copy of the paper they gave me. I gave them a copy of mine. After numerous trips back to the business, only to be told they still couldn't find it. I became very angry. Went to Magistrate Court and took out a warrant and I am suing the business. Now get this...when he responded to the warrant....he said he no longer had that business...he had sold it.This whole situation seemed fishy to me?I am to go to small claims court on 10/14/09. Do I need to have an attorney with me? This is the first time I have ever ha to go through something like this. When I went to get prices of what it would cost to replace them. The total was $15444. I just sued for $15 . I can never replace the in my heart. Most of the had been heirlooms, that were passed down to me. Whe he wrote down each piece, I told him the story and signifcence of each piece. {LEASE ya'll tell me if I should get a lawyer. If I do. maybe I can still find a few more leaves on that money tree. . lol     :O)   :O(   Any suggestions or comments will be appreciated.

[Crochetya]

Post this one as a live and learn ordeal. I would do all that you are doing and hire a lawyer too. I would sue for more than the jewelry, because of the aggrivation of this court thing. I feel your pain. I would be very upset. Sentimental items are very special for me.
You may get the money, but I would want the jewelry. I am afraid it has already been sold for a small fortune and you've been had by a CON.

[jdwithhcv]

You do not need a lawyer in small claims court, but you can bring one if you want to.  You cannot sue for your aggravation.  Check and see what is the jurisdictional limit for small claims court in your state - that will limit the amount you can recover.

You can also make a complaint about the business.  Contact the better business bureau and they will assist and guide you.

[hope4thegoodstuff]

Check Ebay and pawn shops.....act as if you are simply interested not that you are actually looking for stolen goods.  If you can find some of your stuff it could only help your case, I'd think.....

Isn't theft illegal....how come folks don't go to jail for stuff like that?

[mommy52]

Thanks to you all for you help. To Crochetya..The max I can sue for in small claims court is $15K. Yes, I certainly would rather have my jewlry, but I feel the stones have beed removed and the gold melted down.To jdwitchhcv..I am going to file a complaint with the BBB. To .hope4thegoodstuff--if I can figure out how to manipulate the computer to Ebay. Yes, theft is illegal. The dective that I talked to and gave my report to asked me the man's name told me Oh ! I know him real good. He's a fairly good friend of mine. He' Pro Law. He kekt saying that he was ProLaw. My husband asked him did that mean we were Anti Law? When I mentioned this to my brother, he told me that he was a good man. He was a Pro Bass Fisherman. I told him I didn't care what or who he was. I WANTED MY JEWLRY !!!! I go to court 10/14. I have the receipt I was given when I left my jewlry, But when I asked him about that, he told me wasn't necessary. Other things happened that when I reflected back, all leans to a lot of suspension. Again, thanks for taking the time to give me feedback. I am not going to get a lawyer. Health and Happiness to you all.

Madlyn

[stubby226]

Boy I can relate to how bad you must feel having sentimental items turn up missing.  I will pray not only for the jewlery to turn up but for you to win in the civil court.  It can be scarey if unfamilar with the legal system. I went several years ag and actually won.  It was regarding a renter, damage they did, and the rent they refused to pay.  I was really scared but had all my paperwor organinized and the events listed by date and time.  I did that with telephone calls, going in to check on jewlery ect.  Take care and know I am behind you.

[swampcritter]

Swampy says -- you are entitled to receive economic damages for the loss of your property. Don't accept anything less!

Economic damages are limited to the actual value of the jewelry. This might not be exactly the same as the new cost...however, for small claims court an affidavit from the person who quoted you the replacement value would be useful.

You should see a lawyer for information as to what the court procedures are in your area.

Finally -- if you property were later to surface on ebay, on craigslist, or in a pawn shop, then you are the victim of a robbery. Swampy thinks you should go to the police and fill out a report, and tell them your property was stolen. $15k is not a small criminal charge.

[mommy52]

Swampy, I filed a report with the sheriff's office. That is where the detective told me he knew the man and he was a fairly good friend and he was "Pro-Law".All I have is the slip he gave me, the receipt to bring to p/u jewlry.I do not have  sined statement from the jewler that gave price, approx, of what it would be to replace the jewlry. guess I need to get someone to take me back to the jewler and just have him  attest to the fact that this is the cost to replace the ring as I have described to him. I sure hope I have not been conned. My neice works in the Magistrate's Court. I think I will give her a call and see if she can tell me what goes on there. I have watched the court shows on TV. The only evidence that I have is the receipt he gave me when I left the things. I am so trusting. I am getting to where I do not trust anyone, anymore. I do thank each and all for your advice. Please keep me in your prayers...My day in court is 10/14..May the Lord richly Bless each of you.

[caregiver222]

There appears to be a violation of criminal, as well as civil law here, and apparently ther "detective" you spoke with is as useless as a screen door in a submarine. A lot depends upon how the report was worded. What you have here is a theft of property, the amount being sufficient to constitute a felony. I am virtually certain that is not the way the report was filed. I am not being critical of you, but the simple statement to the police should have been "my jewelry was stolen." Period.  You have to writer a registered letter to the sheriff, if he is the chief law enforcement officer (sometimes there are overlapping jurisdictions), as well as to the local district attorney, and that complaint should state simply: "Personal property in the amount of $15,000 was stolen, and no action is being taken." Furthermore, you state  "I desire this individual to be charged and prosecuted."

[swampcritter]

---
That is where the detective told me he knew the man and he was a fairly good friend and he was "Pro-Law"
---

Please, go see an attorney. You really really need one.

[nissah46]

Maybe the detective who took your statement is in a conflict of interest, if he is a friend of this person who took your jewellry. He may not be too keen to see your problem solved.  And if the person sold the business , wouldn't he have had to inform people to pick up their property. It seems he is  a con man.

[mommy52]

Thanks to each and all of you. I am going to speak with the Sheriff Monday am, that is if he is in office since it is a holiday (Columbus Day ).He was a very good friend of my Dad's and of my older of my younger brothers. I will ask to see the report that was filed.
I am going to ask him what I need to do, bring, etc, when I go to Small Claims Court on 10/14. I am also going to see when and to who the jewlry store was sold to and for how much. I try to be "Pro-Law" I have never had any problems with the law and never been arrested except get a speeding ticket and then I paid it. I do have a very short fuse, when I believe anyone is trying to pull a fast one. This is one of the people I know I need to pray for. If I am praying for them, I hopefully will not blow a fuse. These are the things I must avoid, for they will push me deeper into my depressive state. I feel very good at times and today was one of those days. I have almost been to the point of having excessive bursts of energy. Closing. Keep in touch. Will let you all know how things turn out. I have seen an attorney that is great. You just don't know how to take him. Sorta weird personality. When my step-father was suing me after my Mom died, he handled things for me for $0. I want to just ask him from what angle I should go with this and if he thinks I need an attorney. If he says "Yes", then I will ask if he will handle, Does anyone know if you can get a continuance on Small Claims cases. I will also check with him and see about the criminal aspect and all. The detective is the one that told me I would have to sue the business and not the owner or people working there. Now he says he has sold it. Still gave me a card with his name of the store and him and another guys name's were on the card. Something about the entire thing smells like rotten mullet to me. Will keep checking here and see if anymore advice. Thanks again to you all and may the Lord richly bless each.

Blessings,
Madlyn ( mommy52 )

[mommy52]

Well I told you all I would let you know what happened at court. The owner of the store didn't show. I was suing the business. So naturally I won and was awarded the value of jewlry to replace. Checking records at the court house, he and his brother, not the business have tax liens for oover $300K. What do I do. Remember I said he sold (supposedly) the original store, the one where my jewlry was lost. He didn't. The name was changed after he was served the papers. He is still listed as the owner. A woman at the court house that is over all the ones in the dept. , called the jewlry and asked for the old owner (supposedly he was the old owner. They told her he was not in. She asked if he still owned the jewlry store and they told her "YES" . My question is...Since the lien is against he and his brother, and I sued the business...wouldn't that liability go to the one that bought the business. Shouldn't his insurance cover it since it was a court judgement. He told me he had/has insurance when I was questioning about where my jewlry was. He said the insurance wanted receipts/ proof of what was paid for the jewlry. How could I provide that when they had been gift, All except 1. The judge did not ask for receipts, just the cost to replace the jewlry today. I had documentation from jewler stating what it would cost based on description, and matching up with the one on the receipt he gave me when I left the jewlry. They didn't even have the original. They had to make a copy of my copy. Please, if any of you know an attorney that can advise me, I would appreciate. Or any advice from any of you would be greatly appreciated. This whole ordeal has made me sick. Depression is worse. I feel like I have SUCKER" tatooed across my forehead. Again thanks to you that have responded.

Blessings to each and all,
Madlyn

[Cherie762]

Madlyn
Wow what a sad thing I am so sorry this hapened to you. I think what bothers you the most is the heirlooms as you say they cannot be replaced.

You have done all of us a favor I think we should all remember this and be very very careful about trusting anyone with anything in these desperate economy, theres a lot of crime, dishonesty.

I would not hire an attorney for small claims court honestly youd be wasting your money, I would for sure hire one if I was going to sue for more than 1,500. which btw do you know you can sue for up to 3k in small claims,,you maywant to add emotion distress to this and up the claim to 3k.

hug and love, your not a sucker,,dont be hard on self this was not your fault .

Cherie