Legal Question in Criminal Law in Louisiana

Property Theft

My aunt, friend, and I were Hurricane Katrina evacuees. Finding ourselves in Northern Louisiana with no place to go, we found refuge with a cousin who lives there. During the 2 months we were there, we were gracious that they allowed us to stay in their home even though we were sleeping on a sofa, an air mattress, and in an unfinished and unairconditioned apartment on their property. We gave them some money for their trouble and did odd jobs around the house (i.e., finish the apartment). Eventually, the money and labor we willingly gave to them became demanded. My aunt wound up giving them over $7000 in 2 months. When conditions improved in New Orleans, we returned leaving some of our property (including confidential case files from my agency) there. We recently returned there yesterday to retreive our possessions and they refused to give them to us or even allow us on their property. Have they violated any criminal charges of theft and extortion? How do we go about getting our property back? Since my files are confidential information from my clients, it is important that I have it. Can my aunt collect any of the money that she gave to them due to their deceptions? What should I do?


Asked on 6/03/06, 5:18 am

1 Answer from Attorneys
Hardy Parkerson Retired Attorney; now Law Professor

Re: Property Theft

Dear LawGuru Friend,

Sorry about your, your aunt's and friend's terrible experience! Your questions are not easy ones to answer. Immediately your statement rung a bell in my head that said "bailment...conversion." My initial thoughts are that these people did not "steal" your papers, but you left them with them. That is a type of bailment. Now that they won't let you have them, that is a type of "conversion", a civil...not criminal...type of "theft". Depending on how bad you need your papers, you might want to institute a civil damage suit against them for loss of your papers and even for damages resulting to you as a result of the conversion (refusal to return your papers.) You might even be able to bring and sustain such a damage suit in New Orleans, for that is where the damage has, or might, occur. In such a case you would sue them in New Orleans and serve papers on them in the Northwest Louisiana parish where they life. Now if they are holding the papers and are demanding money from you that you do not owe them civilly, then that is a type of extortion, and you might discuss this problem with the District Attorney in the parish where the people are holding your papers and demanding money from you. I think, unless there is something that does not appear in your post, there would be little sympathy for them. It looks to me as if they were well compensated for their "charity" work, by the $7,000.00, payment made by your aunt. That is about the best quick answer I can give you without taking a lot of time to think your situation over and without analyzing it further. Of course, feel free to call me in Lake Charles to discuss this with me, if you desire. No charge for just talking. This web-site will not allow us lawyers to post our phone numbers for some reason, but you will have no trouble obtaining my number through information. Best of luck to you, you aunt and friend!

Sincerely,

Hardy Parkerson, Attorney; Lake Charles

Ronald Reagan Democratic Candidate for Governor of Louisiana - 2007

Read more
Answered on 6/03/06, 9:34 am


Related Questions & Answers

More Criminal Law questions and answers in Louisiana