Legal Question in Business Law in New Jersey
What is considered 'stolen property'?
I recently received a barcode scan machine from a company for whom I was a distributor for. I am no longer distributing this companies product. Also, I didn't have a contract, never signed anything when I received this scan machine. The owner of the company threated to file charges against me for 'stolen property' since I have not returned this scan machine. What is my right here? Can I keep the machine or do I have to return it? What basis does he have for the 'stolen property' charges?
He willfully gave me the machine and didn't require any signature etc. Thank you.
2 Answers from Attorneys
Re: What is considered 'stolen property'?
Unless you have a contract that addresses the issue or you gave something of value for the machine, it will be difficult to convince a court that title to the machine passed to you when possession did. In my court, you would probably lose and have fines and court costs to pay as well as having to make restitution by returning the machine and perhaps compensating its owner for loss of use. Additionally, if the machine breaks while you have it, you will have to pay for the repairs. I could be wrong and what your judge will do might be different. On balance, however, it is a bad idea to keep the machine.
By the way, since you already have an active dispute over the issue, it would be a good idea for you to consult with a lawyer who can obtain a release for you at the same time that you return the machine. That way you can be sure that there are no other hidden claims.
Let me know if I can help.
Re: What is considered 'stolen property'?
Yet once again, I must agree with John Corbett, the attorney who already responded. You really should give back the machine unless you have some really solid grounds for claiming that it was a gift to you or that you bought it, or some other solid and real basis for claiming that you now own it. Not worth the grief.
You really should get a properly drawn release from your former employer at the same time; an attorney should be able to do this for you quickly and cheaply.
If you would like, give me a call; I am in northern New Jersey. The telephone consultation will be free. I would be happy to help you out.
My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.
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