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-   -   any property or civil lawyers? quick question (http://www.wakeworld.com/forum/showthread.php?t=792997)

alanp 04-25-2012 6:24 PM

any property or civil lawyers? quick question
my wife's engagement ring was stolen from our home. i was able to identify the thief and he since confessed to me about the theft. i turned over the info to the police and he is being prosecuted. we have also found the business where he sold the ring. the ring has been sold by the pawn shop to a 3rd party(who we have identified as well) am i entitled eligible to recover my wife's ring from the 3rd party? im in virginia.

Shooter 04-25-2012 6:44 PM

I'm not a lawyer or knowledgable regarding Virgina Law, but in California you would be entitled to your stolen property. The police should recover the property and return it to you once the case is complete. It is up to the third owner, Pawn shop & suspect to work out who takes the loss on the sale of stolen property (not you)

cwb4me 04-25-2012 7:17 PM

My BIL just had his chainsaw,tiller and power washer stolen.When the police in Hanover County Va. Found the merchandise they made the business owner return it or face prosecution.As you already know I'm not a lawyer.Hope everything works out for you Alan! I know I would want to get my hands on them before the police.;)

logan 04-25-2012 10:30 PM

talk to chattwake, he's a lawyer but i don't think that this is his specific field.

john211 04-26-2012 7:40 AM

Quickly (and I'm not going to research it further), yes, since the property is stolen, no later purchaser can take good title. The current possessor has a warranty of title claim against the pawn shop for their money back under UCC section 312

Uniform Commercial Code (UCC) section 2-312(3) (or R.S.Mo. 400.2-312(3), most other states having verbatim the same law), which provides a warranty against infringement wherein sellers warrant that the goods shall be free of the rightful claim of any third person including such claim as infringement or the like.

john211 04-26-2012 8:12 AM

Your civil action against the current transferree (possesor) is one of detinue ??? and not replevin ?

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