Legal Question in Criminal Law in California

Recovering Posessions from Break Up

I had a bad break up, went to the apartment (to which my name is still on the lease) when the ex wasn't there and took back my belongings. (which were rightfully mine). But I also took the big screen (which 'technically' was his), because he owed me alot of money that he refused to pay back. Can I get arrested for stealing ''his'' property?


Asked on 1/28/08, 8:37 pm

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: Recovering Posessions from Break Up

Yes. The TV wasn't just "technically" his, it was actually his. Taking someone else's property is theft. If the property is worth over $400, it is grand theft. From what you have written it sounds like you are guilty of this crime.

That someone owes you money does not entitle you to take something of his in order to satisfy the debt. Resolving such disputes is what courts are for, and the law frowns on people who resort to self-help instead of taking legal action. You should have sued your ex (perhaps in small claims court) for the money you say he owed you instead of taking something that was his.

This doesn't necessarily mean you will be arrested, charged or prosecuted. Such decisions are up to the police and the D.A. You very well may be, though, and the time to ask for legal guidance was before you took the law into your own hands,not after.

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Answered on 1/28/08, 8:45 pm


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