Legal Question in Criminal Law in North Carolina

Re: Family friend refusing to deliver preperty sent to deliver to me

Your options, as I see them, are the following:

Report this person to local law enforcement (your local Sheriff's Dept. or Police Dept.), and ask that a warrant be drawn against him/her for Felonious Larceny, provided the goods collectively are worth more than one thousand dollars. Depending on the circumstances of the case, a charge of Obtaining Property by False Pretenses might also be an appropriate one for consideration by local law enforcement.

Go to your local Magistrates' Office (usually located at your county Sheriff's Department or courthouse) and ask to take out an arrest warrant for Misdemeanor Larceny, provided the total value of the goods is less than one thousand dollars.

You might also consider suing civilly in Small Claims Court for return of the goods. You don't need a lawyer for this. The limit of the amount in controversy is fifteen hundred dollars or less. Small Claims forms are available at your local Clerk of Court's Office (at your county courthouse; a small filing fee is required. If you win the offender, can be ordered by the Court to pay the filing fees and court costs to you.

Finally, you could talk to a lawyer about having him or her write to the offending party seeking return of the goods in question. This often works wonders; a stern warning and lecture from a local attorney, especially one with a good local reputation and known to the offending party, is frequently enough to get the offender to cough up the goods in question in record time. If the offending party does not return the goods in question, the attorney might institute a civil suit on your behalf.

Whatever option you choose, have the following with before you start out:

1. The full name and address of the offender.

2. The offender's place of employment, if known, and the address of the place of employment.

3. The Social Security Number and Date of Birth of the offender, if known.

4. The race and sex of the offender.

5. A detailed, descriptive list of the goods the offender has in his/her possession, and their approximate worth. For instance: "one Bulova grandfather clock, walnut case, manufactured approximately 1912, worth approximately $550.00." Have this information on hand and in writing for each piece of merchandise the offender is withholding.

Whomever you choose to contact about this matter, that person or agency will need all of this information to begin to help you. Don't be surprised if local law enforcement turns you down, by saying that this is a civil matter not a criminal one. Be prepared to actively consider and seek out all four options.

Good luck.