Author Topic: advice (Read 1625 times)

kwells2006 · « **on:** December 03, 2009, 06:41:00 AM »

well, things with me and a friend went south, but he still has a rifle and a set of my dies... He claims they were a gift, but Why would I give away a perfectly good .22 mag? I wouldn't...

what should I do? Report them as stolen?

Skunk · « **Reply #1 on:** December 03, 2009, 06:58:04 AM »

Kwells,

What were the circumstances of how he became in possession of the rifle and dies in the first place? That information might help us help you resolve this issue.

If you do decide to report them stolen, you might want to first tell your friend that that is how you are going to proceed if he doesn't return the items at once. He might not want the trouble of a police investigation and ultimately just give the rifle and dies back to you without a fight.

dukkillr · « **Reply #2 on:** December 03, 2009, 07:02:17 AM »

Write a letter, get return confirmation on it, and save a copy. Ask nicely but make sure the terms of your letter clearly state that you do not consider the rifle a gift and you would like it back. Make sure to pick an exact date by which if you have not heard anything you will file a report with the police. I like to give people 30 days. Make sure your letter states the date you will file a complaint, and with whom.

What state are you in?

kwells2006 · « **Reply #3 on:** December 03, 2009, 07:21:59 AM »

We are in arkansas

I lent him the dies and we never really came to an agreement on the rifle. there was supposed to be a trade there.

The individual threatens to go to a prosecuting attorney if I contact them again, so the letter and giving them a heads up wont work.

The 30 days thing is good. The person is actually a member here on GBO

See, a police investigation would be bad for everyone. Thats the last thing I want to do, but if thats what it takes...

myronman3 · « **Reply #4 on:** December 03, 2009, 10:47:42 AM »

why dance around? report it stolen. if you are playing games, woe unto you and the law will bite you. if'n he is playing games, let the chips fall where they may.

45-70.gov · « **Reply #5 on:** December 03, 2009, 10:58:11 AM »

Quote from: myronman3 on December 03, 2009, 10:47:42 AM

why dance around? report it stolen. if you are playing games, woe unto you and the law will bite you. if'n he is playing games, let the chips fall where they may.

yep

but why would he think you would give him a gun
are you lovers??

Graybeard · « **Reply #6 on:** December 03, 2009, 11:12:12 AM »

Even tho you and I have discussed this via phone there are still many things I am unclear on in the matter. I think Duk's comments are appropriate especially in light of the fact he is an attorney. Contact via certified mail seems the way to go to me. Be sure you can prove ownership of the gun to begin with.

In the end you must accept that he is not willingly going to return the gun to you so you must decide if you want it back badly enough to get the law involved. If not drop it and if so do as Duk suggests to the letter.

myronman3 · « **Reply #7 on:** December 03, 2009, 02:20:02 PM »

there is alot of wisdom in these posts.

Greenbug · « **Reply #8 on:** December 03, 2009, 05:12:22 PM »

You lent him the dies, and the rifle is part of some sort of trade agreement. The situation is a 'he said, she said' and most likely does not rise beyond a civil matter. Forget the police. If after a cooling off period, you still feel the same, follow Duk's advise.

LONGTOM · « **Reply #9 on:** December 03, 2009, 06:43:14 PM »

Stolen implies that he took it without your knowledge or consent.
It would be hard to report something stolen that you gave or lent of your own free will.
I am sure there is some term for what has happened but I don't think it would be stolen.
The best way to proceed is to have a lawyer send him a letter.
Most of the time an official notice of intent will be all it takes.
Most people don't want the hassle of getting involved with the police.

Like someone else said, make sure you can prove it is your gun.

I am sure that if it comes to a legal matter in court it would have to be in civil court, not criminal.

LONGTOM

redboot612 · « **Reply #10 on:** December 03, 2009, 07:09:13 PM »

File a claim in Small Claims Court. It costs you court cost plus the sheriff's fee for serving the papers

45-70.gov · « **Reply #11 on:** December 04, 2009, 02:48:31 PM »

chock it up to a lesson learned

30 years ago i would slap him every saturday till i got it back

only 2 have i had to meet more then one saturday

that is out of fifty and involved money loaned

Questor · « **Reply #12 on:** December 04, 2009, 02:50:48 PM »

This is why I have been reluctant to lend or borrow. With me, usually books lent are not returned. But I once lent a shotgun and never got it back. I later learned that the guy converted it into a sawed off double.

kwells2006 · « **Reply #13 on:** December 04, 2009, 02:56:27 PM »

Well, we WERE good friends... He just popped smoke and poof!

Still talks to my B-I-L and wife sometimes... and stalks me on here

Said individual even wanted some strange requests from me and my wife... mostly her. He got a little butt hurt when she said boisterously... NO

So what I'm gathering here, have a lawyer write and send a Certified letter of intent?

slim rem 7 · « **Reply #14 on:** December 04, 2009, 03:32:24 PM »

if you have the paper work and reciept for the gun it would or might have the ser.n...
but type gun an such will go a ways toward proving the guns yours..if hes smart he ll just hide it an deny hes even got it.. many many years ago..i had allowed someone like that to kinda become a friend .. he denied he even had the item.. i won t speak evil of him as hes dead..he pulled that deal about some drugs an they found him dead at his house ..with a 22 between the eyes..wasn t me ...never killed a man in my life ,,thank god.. but it was just a matter of time before catfish pulled something like that with the wrong person..
may god forgive him an i hope hes somehow found the peace god can give.. he had an awful rough raisen..
i hope the lord took that into consideration.. but im not the one to judge ,,he is an i pray even today for his mercy on the man..slim

kwells2006 · « **Reply #15 on:** December 04, 2009, 03:38:48 PM »

see, the gun would be the least of his worries...

DalesCarpentry · « **Reply #16 on:** December 04, 2009, 03:45:58 PM »

Quote from: LONGTOM on December 03, 2009, 06:43:14 PM

Stolen implies that he took it without your knowledge or consent.
It would be hard to report something stolen that you gave or lent of your own free will.
I am sure there is some term for what has happened but I don't think it would be stolen.
The best way to proceed is to have a lawyer send him a letter.
Most of the time an official notice of intent will be all it takes.
Most people don't want the hassle of getting involved with the police.

Like someone else said, make sure you can prove it is your gun.

I am sure that if it comes to a legal matter in court it would have to be in civil court, not criminal.

LONGTOM

I think they call it theft by deception. Dale

45-70.gov · « **Reply #17 on:** December 04, 2009, 03:56:56 PM »

i beleive your right

magooch · « **Reply #18 on:** December 05, 2009, 03:51:01 AM »

Hire a meth-head to steal your stuff back; they'll do anything for a couple of bucks.

45-70.gov · « **Reply #19 on:** December 05, 2009, 05:33:31 AM »

JUST GO TALK TO HIM LIKE A MAN
tell him he was mis understanding about it being a gift
you want it right now and he will never hear from you again

if not there will be consequences but give no details

you might mention some of your options are legal and some or not

let his imagination fill in the details [to make a ''specific threat'' is illegal]

bring a witness and start a log to ducumint this visit
should you report it stolen later
you witness will verify him admitting to haveing it by telling you it was a gift
as he will claim he doent have it should the police ask him for it

inTIMadation has me for a middle name

tim

SM Bob · « **Reply #20 on:** December 05, 2009, 01:24:47 PM »

If you never see this person again consider the value of the items in question as money well spent.
Situations like this have a way of taking care of themselves in the long run for the person who is in
the right. Believe me.

Robert

DDZ · « **Reply #21 on:** December 05, 2009, 02:36:26 PM »

Sounds like to me a big fight brewing. Sometimes it ain't worth the trouble to pursue something like this. Unless this 22 mag was really valuable. If he isn't going to give it up by talking to him, it might be best to caulk it up as a lesson learned.

kwells2006 · « **Reply #22 on:** December 07, 2009, 08:34:05 AM »

well, I got the SN, model #, and date of purchase today...

it's a:

Marlin 925M
SN: 91606639
4-10-2009 purchase date

45-70.gov · « **Reply #23 on:** December 07, 2009, 09:23:50 AM »

Quote from: kwells2006 on December 07, 2009, 08:34:05 AM

well, I got the SN, model #, and date of purchase today...

it's a:

Marlin 925M
SN: 91606639
4-10-2009 purchase date

go up and ask for it with a witness
tell him your ''witness'' wants to buy it
he can have half the money
if he falls for it walk away with it

if not

then return with a deputy and this information with in the hour
if he denies letting the deputy see it...claims he doesnt have it ect
you witness can say other wise

at this point file a theft report before the deputy leaves

SHOOTALL · « **Reply #24 on:** December 07, 2009, 09:32:11 AM »

Do you have a bill of sale ? if not what proves you owned it to start with ? How did he get it ? did you give it to him ? if so what did you agree to ? When was it stolen ? how long and why did you wait to report it
These might be questions that are ask of you . To fabricate a reply to any would be bad on your part , but the trueful reply could put your chance of even having a case at little chance.

myronman3 · « **Reply #25 on:** December 07, 2009, 09:36:43 AM »

to hell with the cloak and dagger, second chance mumbo jumbo. if you have proof of ownership, and you want to be rid of the situation, call the law.

SHOOTALL · « **Reply #26 on:** December 07, 2009, 09:41:15 AM »

myronman3 , something is fishy here ?

45-70.gov · « **Reply #27 on:** December 07, 2009, 09:41:51 AM »

if he is a felon or for any reason
he will deny having it

no warrent will be issued to search the house
but 2 people saying they just saw it and called the police from in front of his house
might give probable cause

i would make one more firm demand face to face
just feel a higher probability of haveing it returned

45-70.gov · « **Reply #28 on:** December 07, 2009, 09:45:21 AM »

Quote from: SHOOTALL on December 07, 2009, 09:41:15 AM

myronman3 , something is fishy here ?

that too

i witch case walk awy froget it
report it stolen if it is tracable to you

wait till he makes a beer run one night
that as worked well in the past

did he hold the gun for colladeral for some drugs
i have seem a few guns change hands this way

LONGTOM · « **Reply #29 on:** December 07, 2009, 09:47:42 AM »

If in fact you have that info and it also proves that it is yours then all you have to do is go down to the police dept, explain the situation and request that a officer either ride with you or meet you there and demand that it be returned.
Very few will stand and lie to an officers face when he is holding proof in his hands.
The officer will also assure that things don't get out of hand.
You must have the proof before you go and don't go alone.
Take the officer!

LONGTOM