Legal Question in Civil Litigation in Massachusetts
If expensive property kept temporarily at friend's house is stolen?
If expensive property temporarily kept at a friend's apartment is supposedly stolen after previous attempts to retrieve property, would this be a valid case to take to small claims court for retribution of stolen property? I have a police report and an investigation is underway, but I am out my property that was almost brand new. (**Although, at times, theft is not foreseeable, this was an apartment with no prior breaking and entering history, it was just a coincidence that out of all the expensive things there, the temporarily kept property was the only property stolen)
Never allowed me to recover my property, never. Friend assured me that my things would be safe and that he had renters insurance, and that when it was convenient would get back to me when I could get my things. He also said after my stuff was stolen, he would file a claim, but then said for me to write a note saying I gave the property to him as a gift to make the process easier, of course I said no, the friend got pissed and said the claim had been denied. I demanded to see paperwork for proof, withheld me seeing anything, even put on the police report he was the victim, which the police department fixed. Offered to pay a portion for restitution then later rec
1 Answer from Attorneys
Re: If expensive property kept temporarily at friend's house is stolen?
Unfortunately, as I see it, your best avenue of recourse may be to hope that the police are able to bring criminal charges as a result of their investigation. If they get a good, strong lead that they can follow, they may be able to get you some measure of justice, including restitution for your loss. In terms of a civil case, however, I think it may be difficult, although not impossible, depending on all of the circumstances. The problem for you in that regard, however, is that it seems from your description that your friend was taking the normal precautions to safeguard your things, so you can't claim that his negligence was the reason your things were stolen. And, apart from a suspicious set of circumstances, you can't prove that he was involved in the theft. As a result, you are facing a challenge. One area of hope, however, might relate to the fact that he did not let you retrieve your things when you asked to do so. That line of argument may be your best hope, if you do try to pursue a civil case, but it's hard to tell how that will play with the court, since I don't know all of the circumstances surrounding that. Good luck.
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