Legal Question in Personal Injury in California
My name is Michelle, I am going to file a claim against the city of long beach police dept. for failure to return my property that was siezed as evidence. I have already got an order from the court for the return of my property. what I need to know is what form do I need to filed to have my cace heared in small claims court? Thank you for your time, Michelle
2 Answers from Attorneys
I'm not a criminal attorney. I'm thinking, though, that you should be able to go back to the court that issued the order, and file a motion requiring the property custodian to appear in a hearing for contempt of that order. That might be the most efficient way to have this matter concluded satisfactorily.
If you are saying that the police department violated the court order by not returning the property intentionally then you need to file a motion with the court to have the city held in contempt for not obeying the order. If the police department cannot return the property because they lost it or destroyed the property then you need to first file a claim with the city asking for the value of the property and that usually must be done within six months. Someone from the city may then contact you to settle the claim. If the claim is denied by the City Council then just get the papers at the small claims court and file them. They are generally available at the small claims court section of the Superior County in your county or you can go to the law library and they can provide you the forms or help you find them online. They are simple forms to fill out just simply explaining why you are suing and stating the value of the property lost or destroyed. At the trial you will need to present evidence of the value of the property which could be your opinion if there is nothing else.