Legal Question in Criminal Law in California

Unauthorized sale of borrowed equipment

I let a long time ''friend'' (used to be my boss at my job) borrow some expensive equipment (welders, etc.; $5,000 value) to start his new business. Just found out he had a liquidation sale last weekend and sold all of my property (have witnesses that saw my property at the sale, but didn't know it belonged to me. Sheriff's CSO told me they do not consider this a criminal violation, but a civil case because I had granted him access to the equipment. Refused to take a report. Is this true, under California state law?


Asked on 8/20/08, 3:52 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Unauthorized sale of borrowed equipment

File suit if you intend to try to get anything out of this situation. If the police won't pursue it, what does it matter if they are supposed to? You have no power to force them to.

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Answered on 8/22/08, 1:46 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Unauthorized sale of borrowed equipment

What you should have done was to file a UCC-1 financing statement with the Sec. of State so that potential buyers would be on notice that the equipment belonged to you. Now you can only sue him for the money assuming he is not bankrupt. Watch out for legal time limits.

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Answered on 8/20/08, 3:58 pm


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